69-4-312. Procedure to initiate creation of district -- resolution for feasibility study. (1) A governing body, on its own initiative or upon a petition signed by at least 60% of the property owners owning at least 60% of the assessable land of a proposed district requesting the creation of a special improvement district, as provided for in this part, may pass a resolution at a regular or special meeting, declaring that it finds that the special improvement district is in the public interest. The governing body shall make a finding that the formation of the special improvement district, for the purposes set out in this part, 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 the area by overhead electric or communication facilities shall, within 120 days after the receipt of the resolution, make a study of the cost of conversion of its facilities in the area to underground service. The report of the study must be provided to the governing body and made available for inspection in the office of the governing body and each public utility. The governing body may not pass a resolution of intention to create a special improvement district until it has received the report. The resolution of the governing body must require that each 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 other matters as may be required by the public utilities in order to perform the work involved in the cost study. The resolution must further state the area in square feet of each lot or parcel within the proposed conversion service area.
History: En. Sec. 6, Ch. 429, L. 1971; R.C.M. 1947, 70-606; amd. Sec. 6, Ch. 250, L. 1993.
Structure Montana Code Annotated
Title 69. Public Utilities and Carriers
Chapter 4. Utility Lines and Facilities
Part 3. Underground Conversion of Utilities
69-4-302. Statement of findings and purpose
69-4-304. Exclusion for high-voltage transmission lines
69-4-305. Effect on authority of public service commission
69-4-306. through 69-4-310 reserved
69-4-311. Authorization to create special improvement districts
69-4-312. Procedure to initiate creation of district -- resolution for feasibility study
69-4-313. Cost and feasibility report
69-4-314. Determination of conversion costs
69-4-334. through 69-4-350 reserved
69-4-351. Maintenance and construction of converted facilities
69-4-352. Title to converted facilities
69-4-353. Conversion of facilities on public property -- notice to landowners
69-4-354. Conversion of facilities on private property
69-4-355. Procedure upon failure to effect conversion on private property
69-4-356. Payment of public utility
69-4-357. Prohibition on reinstallation of overhead facilities
69-4-358. Postponement of conversion until certain actions occur