§ 29-8-106 — Resolution for cost and feasibility study

(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, pass a resolution at any regular or special meeting declaring that it finds
that the improvement district is in the public interest. It must be determined that
the formation of the local improvement district for the purposes set out in this
article will promote the public convenience, necessity, and welfare.

(2) The resolution must state that the costs and expenses will be levied and
assessed upon the property benefited and further request that each public utility
serving such area by overhead electric or communication facilities shall make a
study of the cost of conversion of its facilities in such area to underground service.

(3) The report of said study shall be provided to the governing body and
made available in its office to all owners of land within the proposed improvement
district. The resolution of the governing body shall require that the public utility be
provided with the name and address of the owner of each parcel or lot within the
proposed improvement district, if known, and if not known the description of the
property and such other matters as may be required by the public utility in order to
perform the work involved in the cost study.

(4) The resolution shall further state the governing body's preliminary
determination as to the method of assessing each lot or parcel within the proposed
improvement district area and shall provide the square feet or frontage feet of each
lot or parcel, and zone or other information necessary for assessment in accordance
with the governing body's preliminary determination. All public utilities serving
such improvement district areas by overhead electric or communication facilities
shall, within one hundred twenty days after receipt of the resolution, unless such
time is extended, make a study of the costs of conversion of their facilities in such
district to underground service, and the public utilities shall together provide to the
governing body, and make available at their respective offices, a joint report as to
the results of the study.

Legislative History

Source: L. 71: p. 989, � 1. C.R.S. 1963: � 89-23-6.