§ 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.

Legislative History

Source: L. 71: p. 999, � 1. C.R.S. 1963: � 89-23-33.