Title 50 — MUNICIPAL CORPORATIONS

50-2501. Short title. This act shall be known and cited as the "Idaho Underground Conversion of Utilities Law."

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, …

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 c…

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 c…

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 …

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 p…

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 mee…

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 di…

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…

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…

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 shall be deemed to have waived any objections to the creation of the district, the making of the im…

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…

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 secti…

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 ef…

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 …

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 …

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 f…

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 C…

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 …

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 upo…

50-2521. Reassessment of benefits. In all cases of assessments for improvements under this chapter against any property, persons or corporations whatsoever, wherein said assessments have failed to be valid in whole or in part for want of form or sufficiency, informality, irregula…

50-2522. Invalidity of one provision not to affect others — Exception. If any section or provision of this chapter be adjudged unconstitutional or invalid for any reason, such adjudication shall not affect the validity of this chapter as a whole, or of any section or provision he…

50-2523. Abatement of construction. If an improvement district is established pursuant to this chapter, the public utility corporations involved shall not be required to commence conversion until the ordinance, the assessment roll and issuance of bonds have become final and no ci…