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Colorado Statutes, Title 29

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Title 29, Government - Local

0 chapters · 640 sections in this title.

All chapters in Title 29640 Ch 4147 Ch 183 Ch 843 Ch 542 Ch 2036 Ch 234 Ch 3530 Ch 323 Ch 2518 Ch 1115 Ch 2315 Ch 11.815 Ch 2713 Ch 1512

43 sections·Filtered byTitle 29✕Ch 8✕

Colo. Rev. Stat. § 29-8-101 Short title
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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. ANNOTATION City ordinance requiring relocation underground of overhead electricity and communications facilities was not pre…
Colo. Rev. Stat. § 29-8-102 Legislative declaration
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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 co…
Colo. Rev. Stat. § 29-8-103 Definitions
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As used in this article, unless the context otherwise requires: (1) "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 intellig…
Colo. Rev. Stat. § 29-8-104 Powers conferred
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(1) 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 wit…

Colo. Rev. Stat. § 29-8-105 Basis of assessments

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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…

Colo. Rev. Stat. § 29-8-106 Resolution for cost and feasibility study

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(1) 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, pas…

Colo. Rev. Stat. § 29-8-107 Bond of petitioners

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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 dep…

Colo. Rev. Stat. § 29-8-108 Costs and feasibility report

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(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.…

Colo. Rev. Stat. § 29-8-109 Resolution declaring intention to create district

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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 cre…

Colo. Rev. Stat. § 29-8-110 Notice of public hearing on proposed improvement - contents

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(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 …

Colo. Rev. Stat. § 29-8-111 Notice of public hearing on proposed improvement - manner of giving

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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 shal…

Colo. Rev. Stat. § 29-8-112 Public hearing - changes in proposed improvements and area to be included in district

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(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 objections to the creation of the proposed district, the making of the proposed improvements, and the benefits accruing to any tract, block,…

Colo. Rev. Stat. § 29-8-113 Waiver of objections

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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 …

Colo. Rev. Stat. § 29-8-114 Proposed assessment list

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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. …

Colo. Rev. Stat. § 29-8-115 Proposed assessment resolution

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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 cost…

Colo. Rev. Stat. § 29-8-116 Notice of public hearing on proposed assessments

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(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 t…

Colo. Rev. Stat. § 29-8-117 Public hearing on proposed assessment resolution

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(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 agai…

Colo. Rev. Stat. § 29-8-118 Adoption of the assessment resolution

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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 t…

Colo. Rev. Stat. § 29-8-119 Assessment roll

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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 payab…

Colo. Rev. Stat. § 29-8-120 Payment of assessment

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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:…

Colo. Rev. Stat. § 29-8-121 Installment payments

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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 pa…

Colo. Rev. Stat. § 29-8-122 Failure to pay installments

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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 …

Colo. Rev. Stat. § 29-8-123 Discount - assessment roll returned

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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…

Colo. Rev. Stat. § 29-8-124 Sale of property for nonpayment

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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 prope…

Colo. Rev. Stat. § 29-8-125 Owner of interest may pay share

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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. Source: L. 71: p. 996, § 1. C.R.S. 1963: § 89-23-25.

Colo. Rev. Stat. § 29-8-126 When collections paid city

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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 c…

Colo. Rev. Stat. § 29-8-127 Assessment lien

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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 am…

Colo. Rev. Stat. § 29-8-128 Advance payment of assessment installments

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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 inst…

Colo. Rev. Stat. § 29-8-129 Issuance of bonds

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(1) After the expiration of thirty days from the effective date of the resolution levying the assessments, the governing body may borrow money and issue negotiable interest-bearing bonds in a principal amount not exceeding the unpaid balance of the assessments levied. The bonds s…

Colo. Rev. Stat. § 29-8-130 Civil action - grounds

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(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 re…

Colo. Rev. Stat. § 29-8-131 Conversion costs

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(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 reflec…

Colo. Rev. Stat. § 29-8-132 Maintenance, construction, and title to converted facilities

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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 …

Colo. Rev. Stat. § 29-8-133 Conversion costs and service connection

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(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 distributi…

Colo. Rev. Stat. § 29-8-134 Notice of possible disconnection

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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 t…

Colo. Rev. Stat. § 29-8-135 Notice of disconnection

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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 satisfacto…

Colo. Rev. Stat. § 29-8-136 Payment of public utility

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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…

Colo. Rev. Stat. § 29-8-137 Reinstallation of overhead facilities not permitted

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Once removed, no overhead electric or communication facilities may be installed in a local improvement district for conversion of overhead electric and communication facilities. Source: L. 71: p. 1000, § 1. C.R.S. 1963: § 89-23-37.

Colo. Rev. Stat. § 29-8-137.5 Applicability to cable operators

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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. Source: L. 99: Entire section added, p. 373, § 5, effective April 22.

Colo. Rev. Stat. § 29-8-138 No limitation on public utilities commission jurisdiction or franchises

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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 co…

Colo. Rev. Stat. § 29-8-139 Nonseverability

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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. Source: L. 71: p. 1001, § 1. C.R.S. 1963: § 89-23-39.

Colo. Rev. Stat. § 29-8-140 Abatement of construction

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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 bee…

Colo. Rev. Stat. § 29-8-141 Early hearings

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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 …

Colo. Rev. Stat. § 29-8-142 Liberal construction

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This article, being necessary to secure and preserve the public health, safety, and general welfare, shall be liberally construed to effect its purpose. Source: L. 71: p. 1001, § 1. C.R.S. 1963: § 89-23-42.