reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MISCELLANEOUS (§§ 29-5-101 — 29-11.9-104) › Article 8 - UNDERGROUND CONVERSION OF UTILITIES (§§ 29-8-101 — 29-8-142) › Section 29-8-108 - Costs and feasibility report

(1)
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 of the project for the district proposed insofar as the physical characteristics of the district are concerned. The report shall make recommendations by the public utility concerning inclusion or exclusion of areas within the district or immediately adjacent to the district.
(2)
The governing body shall give careful consideration to the public utility's recommendations concerning feasibility, recognizing its expertise in this area, and it may amend the boundaries of the proposed improvement district provided that the costs and feasibility report of the public utility contains a cost figure on the district as amended, or it may request a new costs and feasibility report from the public utility concerned on the basis of the amended district.
(3)
The cost estimate contained in the report shall not be considered binding on the public utility if construction is not commenced within six months of the submission of the estimate, for reasons not within the control of the public utility. Should such a delay result in a significant increase of the conversion cost, new hearings shall be held on the creation of the district. If only a minor increase results, only the hearing on the assessments need be held again.
L. 71: p. 990, § 1. C.R.S. 1963: § 89-23-8.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MISCELLANEOUS (§§ 29-5-101 — 29-11.9-104) › Article 8 - UNDERGROUND CONVERSION OF UTILITIES (§§ 29-8-101 — 29-8-142) › Section 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 state: That the costs and expenses of the district created are, except as otherwise provided for, to be levied and assessed upon the abutting, adjoining, and adjacent lots and lands along or upon which improvements are to be made, and upon lots and lands benefited by such improvements and included in the improvement district created; that it is the intention of the governing body to make such improvement which will promote public convenience, necessity, and welfare; and the area and boundaries of the proposed improvement district, the character of the proposed improvement, the estimated total cost of the same, and the intention of the governing body to hold a public hearing on the proposed improvement.
L. 71: p. 991, § 1. C.R.S. 1963: § 89-23-9.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MISCELLANEOUS (§§ 29-5-101 — 29-11.9-104) › Article 8 - UNDERGROUND CONVERSION OF UTILITIES (§§ 29-8-101 — 29-8-142) › Section 29-8-110 - Notice of public hearing on proposed improvement - contents

(1)
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:
(a)
Describe the boundaries or area of the district with sufficient particularity to permit each owner of real property therein to ascertain that his property lies in the district;
(b)
Describe in a general way the proposed improvement, specifying the streets or property along which it will be made and the nature of the benefits to the property within the district;
(c)
State the estimated cost, as determined from the costs and feasibility report, and including the cost of the improvement and the cost of engineering and clerical service, advertising, inspection, collection of assessments, interests upon bonds, if issued, and for legal services for preparing proceedings and advising in regard thereto;
(d)
State that it is proposed to assess the real property in the district to pay all or a designated portion of the cost of the improvement according to the benefits to be derived by each tract, block, lot, and parcel of land within the district, and the proposed means of apportioning such cost;
(e)
State the time and place at which the governing body will conduct a public hearing upon the proposed improvement and on the question of benefits to be derived by the real property in the district;
(f)
State that all interested persons will be heard and that any property owner will be heard on the question of whether his property will be benefited by the proposed improvement.
L. 71: p. 991, § 1. C.R.S. 1963: § 89-23-10.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MISCELLANEOUS (§§ 29-5-101 — 29-11.9-104) › Article 8 - UNDERGROUND CONVERSION OF UTILITIES (§§ 29-8-101 — 29-8-142) › Section 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 last known address of each owner of land within the proposed district whose property will be assessed for the cost of the improvement. The address to be used for said purpose shall be that last appearing on the real property records in the office of the county treasurer of the county wherein said property is located. In addition, a copy of such notice shall be addressed to "owner" and shall be so mailed, addressed to the street number of each piece of improved property to be affected by the assessment. Mailed notices and the published notice shall state where a copy of the resolution creating the district will be available for inspection by any interested parties.
L. 71: p. 992, § 1. C.R.S. 1963: § 89-23-11.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MISCELLANEOUS (§§ 29-5-101 — 29-11.9-104) › Article 8 - UNDERGROUND CONVERSION OF UTILITIES (§§ 29-8-101 — 29-8-142) › Section 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 to have waived every such objection. Such waiver shall not, however, preclude his right to object to the amount of the assessment at the hearing for which provision is made in section
29-8-117
.
L. 71: p. 993, § 1. C.R.S. 1963: § 89-23-13.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MISCELLANEOUS (§§ 29-5-101 — 29-11.9-104) › Article 8 - UNDERGROUND CONVERSION OF UTILITIES (§§ 29-8-101 — 29-8-142) › Section 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.
L. 71: p. 993, § 1. C.R.S. 1963: § 89-23-14.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MISCELLANEOUS (§§ 29-5-101 — 29-11.9-104) › Article 8 - UNDERGROUND CONVERSION OF UTILITIES (§§ 29-8-101 — 29-8-142) › Section 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 costs, the cost of the publication of notices, and all other costs properly incident to the construction of the improvement and the financing and collecting thereof. Such resolution shall specify what share, if any, of the total cost is payable from sources other than the imposition of assessments, and shall incorporate the proposed assessment list provided for in section
29-8-114
.
L. 71: p. 993, § 1. C.R.S. 1963: § 89-23-15.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MISCELLANEOUS (§§ 29-5-101 — 29-11.9-104) › Article 8 - UNDERGROUND CONVERSION OF UTILITIES (§§ 29-8-101 — 29-8-142) › Section 29-8-116 - Notice of public hearing on proposed assessments

(1)
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 than fifteen days prior to the date fixed for such hearing to each owner of real property whose property will be assessed for part of the cost of the improvement at the last known address of such owner, using for such purpose the names and addresses appearing on the last completed real property assessment rolls of the county wherein said affected property is located. In addition, a copy of such notice shall be addressed to "owner" and shall be so mailed, addressed to the street number of each piece of improved property to be affected by such assessment.
(2)
Each notice shall state that at the specified time and place the governing body will hold a public hearing upon the proposed assessments and shall state that any owner of any property to be assessed pursuant to the resolution will be heard on the question of whether his property will be benefited by the proposed improvement to the amount of the proposed assessment against his property and whether the amount assessed against his property constitutes more than his proper proportional share of the total cost of the improvement.
(3)
The notice shall further state where a copy of the resolution proposed to be adopted levying the assessments against all real property in the district will be on file for public inspection, and that subject to such changes and corrections therein as may be made by the governing body, it is proposed to adopt the resolution at the conclusion of the hearing.
(4)
The public notice shall describe the boundaries or area of the district with sufficient particularity to permit each owner of real property therein to ascertain that his property lies in the district. The mailed notice may refer to the district by name and date of creation and shall state the amount of the assessment proposed to be levied against the real property of the person to whom the notice is mailed. In the absence of fraud, the failure to mail any notice does not invalidate any assessment or any proceeding under this article.
L. 71: p. 993, § 1. C.R.S. 1963: § 89-23-16.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MISCELLANEOUS (§§ 29-5-101 — 29-11.9-104) › Article 8 - UNDERGROUND CONVERSION OF UTILITIES (§§ 29-8-101 — 29-8-142) › Section 29-8-117 - Public hearing on proposed assessment resolution

(1)
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 parcel. The hearing may be adjourned from time to time to a fixed future time and place. After the hearing has been concluded and all persons desiring to be heard have been heard, the governing body shall consider the arguments presented and shall make such corrections in the assessment list as may be considered just and equitable. Such corrections may eliminate, may increase, or may decrease the amount of the assessment proposed to be levied against any piece of property. However, no increase of any proposed assessment shall be valid unless the owner of the property is given notice and an opportunity to be heard.
(2)
After such corrections have been made, the governing body shall make a specific finding that no proposed assessment on the corrected assessment list exceeds the benefit to be derived from the improvement by the piece of property to be so assessed and that no piece of property so listed will bear more than its proper proportionate share of the cost of such improvement.
L. 71: p. 994, § 1. C.R.S. 1963: § 89-23-17.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MISCELLANEOUS (§§ 29-5-101 — 29-11.9-104) › Article 8 - UNDERGROUND CONVERSION OF UTILITIES (§§ 29-8-101 — 29-8-142) › Section 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 been lawfully levied.
L. 71: p. 995, § 1. C.R.S. 1963: § 89-23-18.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MISCELLANEOUS (§§ 29-5-101 — 29-11.9-104) › Article 8 - UNDERGROUND CONVERSION OF UTILITIES (§§ 29-8-101 — 29-8-142) › Section 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 installment will become due, with suitable columns for use, in case of payment of the whole amount or of any installment or penalty, and he shall deliver the same, duly certified, under seal as appropriate, to the proper officer for collection.
L. 71: p. 995, § 1. C.R.S. 1963: § 89-23-19.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MISCELLANEOUS (§§ 29-5-101 — 29-11.9-104) › Article 8 - UNDERGROUND CONVERSION OF UTILITIES (§§ 29-8-101 — 29-8-142) › Section 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
.
L. 71: p. 995, § 1. C.R.S. 1963: § 89-23-20.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MISCELLANEOUS (§§ 29-5-101 — 29-11.9-104) › Article 8 - UNDERGROUND CONVERSION OF UTILITIES (§§ 29-8-101 — 29-8-142) › Section 29-8-121 - Installment payments

Failure to pay the whole assessment within said period of thirty days shall be conclusively considered to be an election on the part of all persons interested, whether under disability or otherwise, to pay in such installments. In case of such election, the assessment shall be payable in equal annual or semiannual installments of principal, the first of which installments shall be payable as prescribed by the governing body, and the last installment within not more than twenty years, with interest in all cases on the unpaid principal, payable annually or semiannually at a rate not exceeding the maximum net effective interest rate authorized by the governing body. The number of installments, the period of payments, the date of the initial payment, and the maximum net effective interest rate shall be determined by the governing body and set forth in the resolution required by section
29-8-115
.
L. 71: p. 995, § 1. C.R.S. 1963: § 89-23-21.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MISCELLANEOUS (§§ 29-5-101 — 29-11.9-104) › Article 8 - UNDERGROUND CONVERSION OF UTILITIES (§§ 29-8-101 — 29-8-142) › Section 29-8-122 - Failure to pay installments

Failure to pay any installment, whether of principal or interest, when due shall cause the whole of the unpaid principal to become due and collectable immediately, and the whole amount of the unpaid principal and accrued interest shall thereafter draw interest at the rate of one percent per month or fraction of a month until the day of sale; but at any time prior to the day of sale, the owner may pay the amount of all unpaid installments, with interest at one percent per month or fraction of a month, and all penalties accrued, and shall thereupon be restored to the right thereafter to pay in installments in the same manner as if the default had not been suffered.
L. 71: p. 995, § 1. C.R.S. 1963: § 89-23-22.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MISCELLANEOUS (§§ 29-5-101 — 29-11.9-104) › Article 8 - UNDERGROUND CONVERSION OF UTILITIES (§§ 29-8-101 — 29-8-142) › Section 29-8-123 - Discount - assessment roll returned

Payment may be made to the city or town treasurer at any time within thirty days after the final publication of the assessing resolution and an allowance of five percent shall be made on all payments made during such period, but not thereafter. In the case of cities and towns, at the expiration of said thirty-day period, the city or town treasurer shall return the local assessment roll to the clerk, therein showing all payments made thereon, with the date of each payment. Said roll shall be certified by the city or town clerk under the seal of the city or town, and be hand delivered to the county treasurer of the same county, with his warrant for the collection of the same. The county treasurer shall show receipt for the same and all such rolls shall be numbered for convenient reference.
L. 71: p. 995, § 1. C.R.S. 1963: § 89-23-23.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MISCELLANEOUS (§§ 29-5-101 — 29-11.9-104) › Article 8 - UNDERGROUND CONVERSION OF UTILITIES (§§ 29-8-101 — 29-8-142) › Section 29-8-124 - Sale of property for nonpayment

The county treasurer shall receive payment of all installment payments of assessments appearing upon the assessment roll, with interest. In case of default in the payment of any installment of principal or interest when due, the county treasurer shall advertise and sell any property concerning which such default is suffered for the payment of the whole of the unpaid assessment thereon. Said advertisements and sales shall be made at the same times, in the same manner, under all the same conditions and penalties, and with the same effect as provided by general law for sales of real estate in default of payment of general taxes.
L. 71: p. 996, § 1. C.R.S. 1963: § 89-23-24.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MISCELLANEOUS (§§ 29-5-101 — 29-11.9-104) › Article 8 - UNDERGROUND CONVERSION OF UTILITIES (§§ 29-8-101 — 29-8-142) › Section 29-8-125 - Owner of interest may pay share

The owner of any divided or undivided interest in the property assessed may pay his share of any assessment, upon producing evidence of the extent of his interest, satisfactory to the treasurer having the roll in charge.
L. 71: p. 996, § 1. C.R.S. 1963: § 89-23-25.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MISCELLANEOUS (§§ 29-5-101 — 29-11.9-104) › Article 8 - UNDERGROUND CONVERSION OF UTILITIES (§§ 29-8-101 — 29-8-142) › Section 29-8-126 - When collections paid city

In the case of improvement districts located within cities or towns, all collections made by the county treasurer upon such assessment roll in any calendar month shall be accounted for and paid over to the city or town treasurer on or before the tenth day of the next succeeding calendar month, with separate statements for all such collections for each improvement district.
L. 71: p. 996, § 1. C.R.S. 1963: § 89-23-26.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MISCELLANEOUS (§§ 29-5-101 — 29-11.9-104) › Article 8 - UNDERGROUND CONVERSION OF UTILITIES (§§ 29-8-101 — 29-8-142) › Section 29-8-127 - Assessment lien

All assessments made under this article, together with all interest thereon and penalties for default in payment thereof, and all costs in collecting the same, shall constitute, from the date of the final publication of the assessing resolution, a perpetual lien in the several amounts assessed against each lot or tract of land, and shall have priority over all other liens excepting general tax liens. No sale of property for the nonpayment of taxes or other special assessments shall extinguish the lien of other than the taxes or special assessments for the nonpayment of which such sale is had.
L. 71: p. 996, § 1. C.R.S. 1963: § 89-23-27.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MISCELLANEOUS (§§ 29-5-101 — 29-11.9-104) › Article 8 - UNDERGROUND CONVERSION OF UTILITIES (§§ 29-8-101 — 29-8-142) › Section 29-8-128 - Advance payment of assessment installments

The governing body may, in the resolution levying the assessments, provide that all unpaid installments of assessments levied against any piece of property may (but only in their entirety) be paid prior to the dates on which they become due, if the property owner paying such installments pays all interest which would accrue thereon to the next succeeding date on which interest is payable on the bonds issued in anticipation of the collection of the assessments. In addition, the property owner must pay such additional amount of interest as in the opinion of the governing body is necessary to assure the availability of money fully sufficient to pay interest on the bonds as interest becomes due, and any redemption premiums which may become payable on the bonds in order to retire, in advance of maturity, bonds in a sufficient amount to utilize the assessments thus paid in advance. If no bonds have been issued, then all unpaid installments of assessments levied against any piece of property may be paid in their entirety prior to the date upon which they become due by paying the principal amount due and the interest accrued thereon to the date of payment.
L. 71: p. 996, § 1. C.R.S. 1963: § 89-23-28.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MISCELLANEOUS (§§ 29-5-101 — 29-11.9-104) › Article 8 - UNDERGROUND CONVERSION OF UTILITIES (§§ 29-8-101 — 29-8-142) › Section 29-8-130 - Civil action - grounds

(1)
No civil action shall be brought or maintained to enjoin the collection of assessments or otherwise test the validity of assessments levied under this article except upon the following grounds:
(a)
That notice of a hearing upon the amount of the assessment was not given as required in this article. Any person presenting objections to the governing body at or before the hearing on assessments shall be deemed to have waived this ground.
(b)
That the hearing upon the amount of the assessment as provided in this article was not held;
(c)
That the improvement ordered was not one authorized by this article;
(d)
That the assessment levied exceeds the benefits received by the property assessed.
(2)
Every person whose property is subject to such special assessment and who fails to appear during the public hearings on said assessment to raise his objection to such assessment shall be deemed to have waived all objection to such assessment, except objections on grounds specified in subsections (1)(a) and (1)(b) of this section. Any action brought under this article shall be commenced within thirty days after the passage of the assessing resolution or else be thereafter perpetually barred. Any such action shall be given preference in the courts of the state. If such action is unsuccessful, the courts may order the plaintiff to pay the costs thereof, and, in its discretion, may require a bond in a sufficient amount to cover such costs at the commencement of such action. The burden of proof to show that such special assessment or part thereof is invalid, inequitable, or unjust shall rest upon the party who brings such suit.
L. 71: p. 998, § 1. C.R.S. 1963: § 89-23-30.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MISCELLANEOUS (§§ 29-5-101 — 29-11.9-104) › Article 8 - UNDERGROUND CONVERSION OF UTILITIES (§§ 29-8-101 — 29-8-142) › Section 29-8-131 - Conversion costs

(1)
In determining the conversion costs included in the costs and feasibility report required by section
29-8-108
, the public utility shall be entitled to amounts sufficient to repay them, with a reasonable allowance for overhead expense, for the following, as computed and reflected by the uniform system of accounts approved by the public utilities commission or federal communications commission, or in the event the public utility is not subject to regulation by either of the above governmental agencies, by the public utility's system of accounts then in use and in accordance with standard accounting procedures of said public utility:
(a)
The original costs less depreciation taken of the existing overhead electric and communication facilities to be removed;
(b)
The estimated costs of removing such overhead electric and communication facilities, less the salvage value of the facilities removed;
(c)
If the estimated cost of constructing underground facilities exceeds the original cost of existing overhead electric and communication facilities, then the difference between the two;
(d)
The cost of obtaining new easements when technical considerations make it reasonably necessary to utilize easements for the underground facilities different from those used for aboveground facilities, or where the preexisting easements are insufficient for the underground facilities.
(2)
However, in the event that conversion costs are included in tariffs, rules, or regulations filed and in effect with the public utilities commission, such conversion costs shall be the cost included in the costs and feasibility report.
L. 71: p. 998, § 1. C.R.S. 1963: § 89-23-31.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MISCELLANEOUS (§§ 29-5-101 — 29-11.9-104) › Article 8 - UNDERGROUND CONVERSION OF UTILITIES (§§ 29-8-101 — 29-8-142) › Section 29-8-132 - Maintenance, construction, and title to converted facilities

The public utility has the duty to maintain, repair, and replace all underground facilities installed under this article. There shall be no competitive bidding as to the construction of the converted facilities since existing facilities are owned, maintained, and operated by the public utility and the continuity of service of the utility is essential, both of which make construction work by third persons impracticable. Therefore, the public utility concerned shall be responsible for the accomplishment of all construction work and may contract out such of the construction work as it deems desirable. Title to the converted facilities shall be at all times solely and exclusively in the public utility involved, as the public is only purchasing the intangible benefits which come from converted facilities, that is, the removal of the overhead facilities and replacement by underground facilities.
L. 71: p. 999, § 1. C.R.S. 1963: § 89-23-32.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MISCELLANEOUS (§§ 29-5-101 — 29-11.9-104) › Article 8 - UNDERGROUND CONVERSION OF UTILITIES (§§ 29-8-101 — 29-8-142) › Section 29-8-133 - Conversion costs and service connection

(1)
The public utility performing the 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 distribution. This shall include the digging and the back filling of a trench upon such lot or parcel, unless the owner executes a written objection thereto and files the same with the clerk of the governing body not later than the date set for hearing objections to the improvement district as provided by law. Failure to file such written objection shall be taken as a consent and grant of easement to the public utility and shall be construed as express authority to the public utility and their respective officers, agents, and employees to enter upon such lot or parcel for such purpose, and, through failure to object, any right of protest or objection with respect to the doing of such work shall be waived. If an owner does file such written objection, he shall then be responsible for providing a trench which is in accordance with applicable rules, regulations, or tariffs from the owner's service entrance to a point designated by the public utility and for back filling a trench following installation of the underground service by the public utility involved.
(2)
In any event, the cost of any work done by the public utility shall be included in the assessment to be levied upon such lot or parcel. Should a written objection be filed as provided in subsection (1) of this section, the owner involved shall be obligated for and the public utility involved shall be entitled to payment for the actual cost for such work accomplished upon the owner's property by the public utility; such amount shall be less than the cost if the public utility had performed the trenching and back filling.
(3)
The owner shall, at his expense, make all necessary changes in the service entrance equipment to accept underground service.
L. 71: p. 999, § 1. C.R.S. 1963: § 89-23-33.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MISCELLANEOUS (§§ 29-5-101 — 29-11.9-104) › Article 8 - UNDERGROUND CONVERSION OF UTILITIES (§§ 29-8-101 — 29-8-142) › Section 29-8-134 - Notice of possible disconnection

There shall be included in the notice of the public hearing concerning the improvements required by section
29-8-110
notice that all owners of land within the local improvement district may file written requests for inclusion of the cost of conversion of utility facilities upon their property within the contemplation of section
29-8-133
. Such notice shall further advise that any owner who does not execute the objections provided for in section
29-8-133
, or otherwise provide for underground service connections to his property, in a manner satisfactory to the public utility involved, shall be subject to disconnection from the electric or communication facilities providing service to all buildings, structures, and improvements located upon the lot or parcel.
L. 71: p. 1000, § 1. C.R.S. 1963: § 89-23-34.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MISCELLANEOUS (§§ 29-5-101 — 29-11.9-104) › Article 8 - UNDERGROUND CONVERSION OF UTILITIES (§§ 29-8-101 — 29-8-142) › Section 29-8-135 - Notice of disconnection

If the owner or person in possession of any lot or parcel of land prevents entrance upon the lot or parcel for conversion purposes, or fails to perform under section
29-8-133
and has not otherwise provided for underground service connections to the property in a manner satisfactory to the public utility involved, within sixty days from the time the converted facilities are ready for connection to the property, the electric or communication service shall be disconnected and removed and all overhead electric or communication facilities providing service to any building, structure, and improvement located upon such lot or parcel shall be disconnected. Written notice of disconnection shall be given at least twenty days prior to disconnection by leaving a copy of such notice at the principal building, structure, or improvement located upon such lot or parcel.
L. 71: p. 1000, § 1. C.R.S. 1963: § 89-23-35.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MISCELLANEOUS (§§ 29-5-101 — 29-11.9-104) › Article 8 - UNDERGROUND CONVERSION OF UTILITIES (§§ 29-8-101 — 29-8-142) › Section 29-8-136 - Payment of public utility

Upon completion of the conversion contemplated by this article, the public utility shall present the governing body with its verified bill for conversion costs, as computed under section
29-8-131
, but based upon the actual cost of constructing the underground facility rather than the estimated cost of the facility. In no event shall the bill for conversion cost presented by the public utility exceed the amount of estimated conversion costs by the public utility. In the event the conversion costs are less than the estimated conversion costs, each owner within the improvement district shall receive the benefit, prorated in such form and at such time as the governing body determines. The bill of the public utility shall be paid within thirty days by the governing body from the improvement district funds or such other source as is properly designated by the governing body. In determining the actual cost of constructing the underground facility, the public utility shall use its standard accounting procedures, such as the uniform system of accounts as defined by the federal communications commission and as is in use at the time of the conversion by the public utility involved, as described in section
29-8-131
.
L. 71: p. 1000, § 1. C.R.S. 1963: § 89-23-36.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MISCELLANEOUS (§§ 29-5-101 — 29-11.9-104) › Article 8 - UNDERGROUND CONVERSION OF UTILITIES (§§ 29-8-101 — 29-8-142) › Section 29-8-137 - Reinstallation of overhead facilities not permitted

Once removed, no overhead electric or communication facilities may be installed in a local improvement district for conversion of overhead electric and communication facilities.
L. 71: p. 1000, § 1. C.R.S. 1963: § 89-23-37.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MISCELLANEOUS (§§ 29-5-101 — 29-11.9-104) › Article 8 - UNDERGROUND CONVERSION OF UTILITIES (§§ 29-8-101 — 29-8-142) › Section 29-8-137.5 - Applicability to cable operators

This article shall apply to the overhead communication facilities of cable operators, and those provisions that refer to a public utility or public utilities shall also apply to cable operators.
L. 99: Entire section added, p. 373, § 5, effective April 22.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MISCELLANEOUS (§§ 29-5-101 — 29-11.9-104) › Article 8 - UNDERGROUND CONVERSION OF UTILITIES (§§ 29-8-101 — 29-8-142) › Section 29-8-138 - No limitation on public utilities commission jurisdiction or franchises

Nothing contained in this article shall vest any jurisdiction over any public utility in the governing bodies. The public utilities commission shall retain all jurisdiction conferred on it by law. Nothing contained in this article shall be interpreted in such a way as to be in conflict with franchises granted to any public utility, and in the event of any conflict, such franchises shall control over the requirements of this article.
L. 71: p. 1001, § 1. C.R.S. 1963: § 89-23-38.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MISCELLANEOUS (§§ 29-5-101 — 29-11.9-104) › Article 8 - UNDERGROUND CONVERSION OF UTILITIES (§§ 29-8-101 — 29-8-142) › Section 29-8-139 - Nonseverability

If any provision of this article is held invalid, such invalidity shall invalidate this article in its entirety, and to this end the provisions of this article are declared to be nonseverable.
L. 71: p. 1001, § 1. C.R.S. 1963: § 89-23-39.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MISCELLANEOUS (§§ 29-5-101 — 29-11.9-104) › Article 8 - UNDERGROUND CONVERSION OF UTILITIES (§§ 29-8-101 — 29-8-142) › Section 29-8-140 - Abatement of construction

If an improvement district is established under this article, the public utility involved shall not be required to commence conversion until the resolution, the assessment roll, and issuance of bonds have become final and no civil action has been filed, or if civil action has been filed, until the decision of the court upon the action has become final and is not subject to further appeal.
L. 71: p. 1001, § 1. C.R.S. 1963: § 89-23-40.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MISCELLANEOUS (§§ 29-5-101 — 29-11.9-104) › Article 8 - UNDERGROUND CONVERSION OF UTILITIES (§§ 29-8-101 — 29-8-142) › Section 29-8-141 - Early hearings

All cases in which there may arise a question of validity of the organization of a district or a question of the validity of any proceeding under this article shall be advanced as a matter of immediate public interest and concern and heard at the earliest practicable moment. The courts shall be open at all times for the purpose of this article.
L. 71: p. 1001, § 1. C.R.S. 1963: § 89-23-41.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MISCELLANEOUS (§§ 29-5-101 — 29-11.9-104) › Article 8 - UNDERGROUND CONVERSION OF UTILITIES (§§ 29-8-101 — 29-8-142) › Section 29-8-142 - Liberal construction

This article, being necessary to secure and preserve the public health, safety, and general welfare, shall be liberally construed to effect its purpose.
L. 71: p. 1001, § 1. C.R.S. 1963: § 89-23-42.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MISCELLANEOUS (§§ 29-5-101 — 29-11.9-104) › Article 9 - PUBLIC MEETINGS (§ 29-9-101) › Section 29-9-101 - [Repealed]

L. 91: Entire article repealed, p. 820, § 3, effective June 1.
This article was numbered as article 19 of chapter 3, C.R.S. 1963.
For the public meetings law for state agencies and the general assembly, see §24-6-402; for current provisions relating to open meetings, see part 4 of article 6 of title 24.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MISCELLANEOUS (§§ 29-5-101 — 29-11.9-104) › Article 10 - SEALS (§ 29-10-101) › Section 29-10-101 - Seals

Whenever this title requires the use of a seal in the performance of any duties, it shall be sufficient that a rubber stamp with a facsimile affixed thereon of the seal required to be used is placed or stamped upon the document requiring the seal with indelible ink.
L. 75: Entire article added, p. 489, § 6, effective May 26.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MISCELLANEOUS (§§ 29-5-101 — 29-11.9-104) › Article 10.5 - FLAG OF THE UNITED STATES (§ 29-10.5-101) › Section 29-10.5-101 - Display of flag of the United States - legislative declaration - definitions

(1)
Any local government that purchases a flag of the United States for display may only display such flag if it has been made in the United States.
(2)
For purposes of this article, "local government" means a county, a municipality as defined in section
31-1-101 (6)
, C.R.S., a school district, or a special district formed in accordance with the provisions of title 32, C.R.S.
(3)
The general assembly hereby finds and declares that the matter addressed in this article is a matter of statewide concern.
L. 2008: Entire article added, p. 94, § 2, effective 9/11/2009.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MISCELLANEOUS (§§ 29-5-101 — 29-11.9-104) › Article 11 - EMERGENCY TELEPHONE AND NONEMERGENCY REFERRAL SERVICES (§§ 29-11-100.2 — 29-11-301) › Part 1 - EMERGENCY TELEPHONE SERVICE (§§ 29-11-100.2 — 29-11-108) › Section 29-11-100.2 - Legislative declaration

(1)
The general assembly hereby finds and declares that dialing 911 is the most effective and familiar way the public has of seeking emergency assistance. Basic emergency service and public safety is fundamentally a government concern and the exercise of police powers for the protection and betterment of the health, safety, security, and welfare of the public. This part 1 as amended by House Bill 20-1293, enacted in 2020, is intended to provide funding mechanisms for the continued technological advancement of emergency telephone service for all users of the system.
(2)
The general assembly further finds and declares that:
(a)
In order to provide for the future of 911 technology advancement in Colorado, local funding and local control must be maintained, while at the same time, additional funding for projects, programs, and services must also be provided. It is therefore the intent of the general assembly to maintain and strengthen the existing local funding structure for emergency telephone service in the state while also creating a new funding mechanism for local expenditures that will improve the quality of the emergency telephone service statewide.
(b)
Nothing in this part 1 should be construed:
(I)
To alter the method of regulation or deregulation of providers of telecommunications service as set forth in article
15
of title
40
; and
(II)
To impose a tax. The primary purpose of the charges and surcharges authorized in this part 1 is to defray the reasonable direct and indirect costs of providing emergency telephone service. The charges authorized in this part 1 do not raise revenue for the general expenses of government.
Added by 2020 Ch. 267,§ 1, eff. 7/10/2020.
L. 2020: Entire section added, (HB 20-1293), ch. 1280, p. 1280, § 1, effective July 10.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MISCELLANEOUS (§§ 29-5-101 — 29-11.9-104) › Article 11 - EMERGENCY TELEPHONE AND NONEMERGENCY REFERRAL SERVICES (§§ 29-11-100.2 — 29-11-301) › Part 1 - EMERGENCY TELEPHONE SERVICE (§§ 29-11-100.2 — 29-11-108) › Section 29-11-100.5 - [Repealed]

Repealed by 2020 Ch. 267,§ 17, eff. 7/10/2020.
L. 97: Entire section added, p. 571, § 1, effective April 30. L. 2001: Entire section amended, p. 64, § 1, effective August 8. L. 2004: (1) and (3) amended, p. 13, § 2, effective February 20. L. 2020: Entire section repealed, (HB 20-1293), ch. 1298, p. 1298, § 17, effective July 10.
L. 97: Entire section added, p. 571, § 1, effective April 30. L. 2001: Entire section amended, p. 64, § 1, effective August 8. L. 2004: (1) and (3) amended, p. 13, § 2, effective February 20.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MISCELLANEOUS (§§ 29-5-101 — 29-11.9-104) › Article 11 - EMERGENCY TELEPHONE AND NONEMERGENCY REFERRAL SERVICES (§§ 29-11-100.2 — 29-11-301) › Part 1 - EMERGENCY TELEPHONE SERVICE (§§ 29-11-100.2 — 29-11-108) › Section 29-11-101.5 - Rules

Basic emergency service is regulated by the commission under article
15
of title
40
. The commission may promulgate rules to implement this part 1 and to resolve disputes regarding the collection, payment, remittance, and audit of the emergency telephone charge, 911 surcharge. The commission rules may impose penalties as provided by this part 1 and by articles
1
to
7
and
15
of title
40
.
Added by 2020 Ch. 267,§ 3, eff. 7/10/2020.
L. 2020: Entire section added, (HB 20-1293), ch. 1284, p. 1284, § 3, effective July 10.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MISCELLANEOUS (§§ 29-5-101 — 29-11.9-104) › Article 11 - EMERGENCY TELEPHONE AND NONEMERGENCY REFERRAL SERVICES (§§ 29-11-100.2 — 29-11-301) › Part 1 - EMERGENCY TELEPHONE SERVICE (§§ 29-11-100.2 — 29-11-108) › Section 29-11-105 - Immunity of providers

(1)
No basic emergency service provider or service supplier and no employee or agent of a basic emergency service provider or service supplier shall be liable to any person for infringement or invasion of the right of privacy of any person caused or claimed to have been caused, directly or indirectly, by any act or omission in connection with the installation, operation, maintenance, removal, presence, condition, occasion, or use of emergency service features, automatic number identification (ANI), or automatic location identification (ALI) service and the equipment associated therewith, including without limitation the identification of the telephone number, address, or name associated with the telephone used by the party or parties accessing 911 service, wireless ANI service, or wireless ALI service, and that arise out of the negligence or other wrongful act of the provider or supplier, the service user or consumer, the governing body or any of its users, agencies, or municipalities, or the employee or agent of any of said persons and entities. In addition, no basic emergency service provider or service supplier, or any employee or agent thereof shall be liable for any damages in a civil action for injuries, death, or loss to person or property incurred as a result of any act or omission of such provider, service supplier, employee, or agent in connection with developing, adopting, implementing, maintaining, enhancing, or operating an emergency telephone service unless such damage or injury was intentionally caused by or resulted from gross negligence of the provider, supplier, employee, or agent.
(2)
No provider of PSAP equipment, systems, or software, or supplier of networking, hosted PSAP services, IT or other services including support of PSAP equipment, systems or software and cybersecurity services, nor any of their employees or agents shall be liable for any damages in a civil action for injuries, death, or loss to person or property incurred as a result of any act or omission of such provider, service supplier, employee, or agent in connection with installation, upgrading, patching, integration, maintenance, support or provision of such equipment, systems, software, or services used by a PSAP unless such damage or injury was intentionally caused by or resulted from gross negligence of the provider, supplier, employee, or agent.
Amended by 2020 Ch. 267,§ 9, eff. 7/10/2020.
L. 97: Entire section added, p. 576, § 6, effective April 30.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MISCELLANEOUS (§§ 29-5-101 — 29-11.9-104) › Article 11 - EMERGENCY TELEPHONE AND NONEMERGENCY REFERRAL SERVICES (§§ 29-11-100.2 — 29-11-301) › Part 1 - EMERGENCY TELEPHONE SERVICE (§§ 29-11-100.2 — 29-11-108) › Section 29-11-106 - [Repealed]

Repealed by 2020 Ch. 267,§ 17, eff. 7/10/2020.
L. 2001: Entire section added, p. 66, § 3, effective August 8. L. 2020: Entire section repealed, (HB 20-1293), ch. 1298, p. 1298, § 17, effective July 10.
L. 2001: Entire section added, p. 66, § 3, effective August 8.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MISCELLANEOUS (§§ 29-5-101 — 29-11.9-104) › Article 11 - EMERGENCY TELEPHONE AND NONEMERGENCY REFERRAL SERVICES (§§ 29-11-100.2 — 29-11-301) › Part 1 - EMERGENCY TELEPHONE SERVICE (§§ 29-11-100.2 — 29-11-108) › Section 29-11-107 - 911 dialing and calling capabilities of multi-line telephone systems - rules

(1)
Installers, managers, or operators of MLTS in Colorado shall meet the requirements set forth in
47 U.S.C. sec. 623
and any other applicable federal law.
(2)
The commission, by rule, shall create a mechanism for members of the public to report violations of this section and shall forward reports it receives to the appropriate federal authorities.
Added by 2020 Ch. 267,§ 10, eff. 7/10/2020.
L. 2020: Entire section added, (HB 20-1293), ch. 1296, p. 1296, § 10, effective July 10.