§ 29-8-101. Short Title
This article shall be known and may be cited as the “Colorado Underground Conversion of Utilities Act”. Source: L. 71: p. 987, § 1. C.R.S. 1963: § 89-23-1.
§ 29-8-102. Legislative Declaration
The general assembly finds that landowners, cities, towns, counties, public utilities, and cable operators in many areas of the state desire to convert existing overhead electric and communication facilities to underground locations. The general assembly further finds that the conversion of overhead electric and communication facilities to underground locations is a matter of statewide concern […]
§ 29-8-103. Definitions
As used in this article, unless the context otherwise requires: “Cable operator” shall have the same meaning as set forth in the federal “Cable Communications Policy Act of 1984”, as amended, 47 U.S.C. sec. 522. (1.5) “Communication service” means the transmission of intelligence by electrical means, including, but not limited to, telephone, telegraph, messenger-call, block, […]
§ 29-8-104. Powers Conferred
The governing body of every county is authorized to create local improvement districts under this article within the unincorporated portion of such county, and the governing body of every city and town is authorized to create local improvement districts under this article within its territorial limits to provide for the conversion of existing overhead electric […]
§ 29-8-105. Basis of Assessments
When any improvement authorized to be made by any governing body by the terms of this article is ordered, the governing body shall provide for the apportionment of the cost and expenses thereof as in its judgment may be fair and equitable in consideration of the benefits accruing to the abutting, adjoining, contiguous, and adjacent […]
§ 29-8-106. Resolution for Cost and Feasibility Study
Any governing body may on its own initiative, or upon a petition signed by at least a majority of the property owners owning at least a majority of the assessable land of any proposed district requesting the creation of an improvement district as provided in this article, pass a resolution at any regular or special […]
§ 29-8-107. Bond of Petitioners
At the time that action is commenced under section 29-8-106, or at any time prior to the time of the hearing provided for in section 29-8-112, and if requested by the governing body or public utility, a bond shall be filed, with security approved by the governing body or cash deposit made sufficient to pay […]
§ 29-8-108. Costs and Feasibility Report
The public utility report shall set forth an estimate of the total underground conversion costs and shall also indicate the costs of underground conversion of facilities of the public utility located within the boundaries of the various parcels or lots then receiving service. The report shall also contain the public utility’s recommendations concerning the feasibility […]
§ 29-8-109. Resolution Declaring Intention to Create District
On the filing with the clerk of any governing body of the cost and feasibility report by the public utility, as provided in section 29-8-108 and after considering the same, the governing body may, at any regular or special meeting, pass a resolution declaring its intention to create a local improvement district. The resolution shall […]
§ 29-8-110. Notice of Public Hearing on Proposed Improvement – Contents
Following the passage of the resolution in section 29-8-109, the governing body shall cause a notice of a public hearing on the proposed improvement to be given in the manner provided in section 29-8-111. Such notice shall: Describe the boundaries or area of the district with sufficient particularity to permit each owner of real property […]
§ 29-8-111. Notice of Public Hearing on Proposed Improvement – Manner of Giving
Such notice shall be published in full one time in a newspaper of general circulation in the district or, if there is no such newspaper, by publication in a newspaper of general circulation in the county, city, or town in which said district is located. A copy of such notice shall be mailed to the […]
§ 29-8-112. Public Hearing – Changes in Proposed Improvements and Area to Be Included in District
On the date and at the time and place specified in the aforesaid notice, the governing body shall, in open and public session, hear all objections to the creation of the proposed district, the making of the proposed improvements, and the benefits accruing to any tract, block, lot, or parcel of land therein. Representatives of […]
§ 29-8-113. Waiver of Objections
Every person who has real property within the boundaries of the district and who fails to appear before the governing body at the hearing and make any objection he may have to the creation of the district, the making of the improvements, and the inclusion of his real property in the district shall be deemed […]
§ 29-8-114. Proposed Assessment List
After a decision is made by a governing body to proceed with the district and project, it shall cause to be prepared an assessment list detailing the total amount to be assessed, the specific properties assessed, and the amount of assessment on each piece of property. Source: L. 71: p. 993, § 1. C.R.S. 1963: […]
§ 29-8-115. Proposed Assessment Resolution
After the preparation of the proposed assessment list, the governing body shall cause to be prepared for adoption at the hearing provided for in section 29-8-117, a resolution declaring the entire cost of improvement, including the cost of construction as determined from the costs and feasibility report, other incidental costs, legal and fiscal fees and […]
§ 29-8-116. Notice of Public Hearing on Proposed Assessments
After the preparation of the aforesaid resolution, notice of a public hearing on the proposed assessments shall be given. Such notice shall be published one time in a newspaper in which the first notice of hearing was published at least twenty days before the date fixed for the hearing, and shall be mailed not less […]
§ 29-8-117. Public Hearing on Proposed Assessment Resolution
On the date and at the time and place specified in the aforesaid notice, the governing body shall, in open and public session, hear all arguments relating to the benefits accruing to any tract, block, lot, or parcel of land therein and the amounts proposed to be assessed against any such tract, block, lot, or […]
§ 29-8-118. Adoption of the Assessment Resolution
After the public hearing has been concluded and all corrections made to the assessment list, the governing body shall proceed to adopt the assessment resolution. The adoption of such resolution shall be prima facie evidence of the fact that the property assessed is benefited in the amount of the assessments and that such assessments have […]
§ 29-8-119. Assessment Roll
The clerk of the governing body shall prepare a local assessment roll in book form showing in suitable columns each piece of land assessed, the total amount of assessment, the amount of each installment of principal and interest if, in pursuance of this article, the same is payable in installments, and the date when each […]
§ 29-8-120. Payment of Assessment
All assessments shall be due and payable within thirty days after the final publication of the assessing resolution without demand; except that all such assessments may be paid, at the election of the owner, in installments, with interest, as provided in section 29-8-121. Source: L. 71: p. 995, § 1. C.R.S. 1963: § 89-23-20.