Section 50-2501 – SHORT TITLE.
50-2501. SHORT TITLE. This act shall be known and cited as the "Idaho Underground Conversion of Utilities Law." History: [50-2501, as added by 1971, ch. 212, sec. 1, p. 923.]
Section 50-2502 – DEFINITIONS.
50-2502. DEFINITIONS. As used in this chapter, the following words and phrases and any variations thereof shall have the following meaning: (1) "Communication service" means the transmission of intelligence by electrical means, including, but not limited to telephone, telegraph, messenger-call, clock, police, fire alarm and traffic control circuits or the transmission of standard television or […]
Section 50-2503 – POWERS CONFERRED.
50-2503. POWERS CONFERRED. The governing body of every county is hereby authorized and empowered to create local improvement districts under this chapter within the unincorporated portion of such county, and the governing body of every city is hereby authorized and empowered to create local improvement districts under this chapter within its territorial limits: to provide […]
Section 50-2504 – BASIS OF ASSESSMENTS.
50-2504. BASIS OF ASSESSMENTS. Whenever any improvement authorized to be made by any governing body by the terms of this chapter is ordered, the governing body shall provide for the apportionment of the cost and expenses thereof as in their judgment may be fair and equitable in consideration of the benefits accruing to the abutting, […]
Section 50-2505 – RESOLUTION FOR COST AND FEASIBILITY STUDY.
50-2505. RESOLUTION FOR COST AND FEASIBILITY STUDY. Any governing body may on its own initiative, or upon a petition signed by at least sixty per cent (60%) of the resident owners of property subject to assessment within such proposed improvement district requesting the creation of an improvement district as provided for in this chapter, pass […]
Section 50-2506 – COSTS AND FEASIBILITY REPORT.
50-2506. COSTS AND FEASIBILITY REPORT. The public utility or utilities report shall set forth an estimate of the total costs of extension or conversion. The report shall also contain the public utility’s recommendations concerning the feasibility of the project for the district proposed insofar as the physical characteristics of the district are concerned. The report […]
Section 50-2507 – RESOLUTION DECLARING INTENTION TO CREATE DISTRICT.
50-2507. RESOLUTION DECLARING INTENTION TO CREATE DISTRICT. On the filing with the clerk or any governing body of the cost and feasibility report by the public utility, as hereinbefore provided, 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 […]
Section 50-2508 – NOTICE OF RESOLUTION AND HEARING ON PROTESTS — CONTENTS.
50-2508. NOTICE OF RESOLUTION AND HEARING ON PROTESTS — CONTENTS. Following the passage of the resolution in section 50-2507, the governing body shall cause notice of the resolution and a hearing on any protests to the proposed improvement and any requests for inclusion in the district to be given in the manner provided in subsection […]
Section 50-2509 – FILING AND HEARING OF PROTESTS AND REQUESTS FOR INCLUSION.
50-2509. FILING AND HEARING OF PROTESTS AND REQUESTS FOR INCLUSION. At any time within the time specified in the notice, any owner of property liable to be assessed for said work may make written protest against the making of such improvement, or the creation of such district, or the benefits to be derived by the […]
Section 50-2510 – CHANGES IN PROPOSED IMPROVEMENTS OR IN AREA OF DISTRICT — ORDINANCE CREATING IMPROVEMENT DISTRICT.
50-2510. CHANGES IN PROPOSED IMPROVEMENTS OR IN AREA OF DISTRICT — ORDINANCE CREATING IMPROVEMENT DISTRICT. After the hearing has been concluded, and after all the protests and requests have been considered, the governing body may make such changes in the proposed improvements or in the area to be included in the district as it may […]
Section 50-2511 – WAIVER OF OBJECTIONS.
50-2511. WAIVER OF OBJECTIONS. Every person who has real property within the boundaries of the district and who fails to submit a written protest in accordance with section 50-2509[, Idaho Code,] shall be deemed to have waived any objections to the creation of the district, the making of the improvements and the inclusion of his […]
Section 50-2512 – NOTICE OF HEARING ON OBJECTIONS TO PROPOSED ASSESSMENTS.
50-2512. NOTICE OF HEARING ON OBJECTIONS TO PROPOSED ASSESSMENTS. After the preparation of the aforesaid ordinance, notice of a hearing on objections to the proposed assessments shall be given. Such notice shall be given in the same manner as provided under section 50-1713, Idaho Code. Each notice shall state the time at which the governing […]
Section 50-2513 – INCORPORATION OF ASSESSMENT AND BONDING PROVISIONS FROM CHAPTER 17, TITLE 50, IDAHO CODE.
50-2513. INCORPORATION OF ASSESSMENT AND BONDING PROVISIONS FROM CHAPTER 17, TITLE 50, IDAHO CODE. The following sections of chapter 17, title 50, Idaho Code, are specifically incorporated herein by this reference as though set out here at length, and any amendments to said sections which are compatible with the original intent of this chapter shall […]
Section 50-2514 – CIVIL ACTIONS — INCORPORATION OF SECTIONS 50-1725 THROUGH 50-1727, INCLUSIVE — STATUTE OF LIMITATIONS.
50-2514. CIVIL ACTIONS — INCORPORATION OF SECTIONS 50-1725 THROUGH 50-1727, INCLUSIVE — STATUTE OF LIMITATIONS. Sections 50-1725 through 50-1727, inclusive, Idaho Code, are incorporated herein by this reference as though set out at length herein. Without changing the intent or effect of the incorporated sections, the following paragraph of this section shall be an additional […]
Section 50-2515 – COSTS.
50-2515. COSTS. In determining costs for an extension or conversion included in the cost and feasibility report required by section 50-2506, Idaho Code, the public utility shall be entitled to amounts included in applicable tariffs, rules or regulations filed with or promulgated by the Idaho public utilities commission or federal communications commission or federal energy […]
Section 50-2516 – CONSTRUCTION OF AND TITLE TO EXTENDED OR CONVERTED FACILITIES.
50-2516. CONSTRUCTION OF AND TITLE TO EXTENDED OR CONVERTED FACILITIES. The public utility concerned shall be responsible for all construction work and may contract out such of the construction work as it deems desirable. Title to the extended or converted facilities shall be at all times solely and exclusively in the public utility involved. History: […]
Section 50-2517 – UNDERGROUND DISTRIBUTION EXTENSION OR CONVERSION COSTS AND SERVICE CONNECTIONS.
50-2517. UNDERGROUND DISTRIBUTION EXTENSION OR CONVERSION COSTS AND SERVICE CONNECTIONS. The public utility performing the underground distribution extension or conversion shall, at the expense of the property owner, convert to underground all electric and communication service facilities located upon any lot or parcel of land within the improvement district and not within the easement for […]
Section 50-2518 – PAYMENT TO PUBLIC UTILITY — REFUNDS.
50-2518. PAYMENT TO PUBLIC UTILITY — REFUNDS. Upon completion of the extension or conversion contemplated by this chapter, the public utility shall present the governing body with its verified bill for extension or conversion costs as computed pursuant to section 50-2515, Idaho Code, but based upon the actual cost of construction rather than the estimated […]
Section 50-2519 – REINSTALLATION OF OVERHEAD FACILITIES NOT PERMITTED.
50-2519. REINSTALLATION OF OVERHEAD FACILITIES NOT PERMITTED. Once removed pursuant to this chapter, no overhead electric or communication facilities as defined herein, shall be installed within the boundaries of the local improvement district for conversion of overhead electric and communication facilities, except as authorized herein. History: [50-2519, as added by 1971, ch. 212, sec. 1, […]
Section 50-2520 – NO LIMITATION OF PUBLIC UTILITIES COMMISSION’S JURISDICTION.
50-2520. NO LIMITATION OF PUBLIC UTILITIES COMMISSION’S JURISDICTION. Nothing contained in this chapter shall vest any jurisdiction over public utilities in the governing bodies. The public utilities commission of Idaho shall retain all jurisdiction now or hereafter conferred upon it by law. History: [50-2520, as added by 1971, ch. 212, sec. 1, p. 923.]