10-9a-529. Specified public utility located in a municipal utility easement. A specified public utility may exercise each power of a public utility under Section 54-3-27 if the specified public utility uses an easement:
(1)
with the consent of a municipality; and
Terms Used In Utah Code 10-9a-529
Municipal: means of or relating to a municipality. See Utah Code 10-1-104
Municipal utility easement: means an easement that:
(a)
is created or depicted on a plat recorded in a county recorder's office and is described as a municipal utility easement granted for public use;
(b)
is not a protected utility easement or a public utility easement as defined in Section 54-3-27;
(c)
the municipality or the municipality's affiliated governmental entity uses and occupies to provide a utility service, including sanitary sewer, culinary water, electrical, storm water, or communications or data lines;
(d)
is used or occupied with the consent of the municipality in accordance with an authorized franchise or other agreement;
(e)
(i)
is used or occupied by a specified public utility in accordance with an authorized franchise or other agreement; and
(ii)
is located in a utility easement granted for public use; or
a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104
Specified public utility: means an electrical corporation, gas corporation, or telephone corporation, as those terms are defined in Section 54-2-1. See Utah Code 10-9a-103
(2)
that is located within a municipal utility easement described in Subsections 10-9a-103(40)(a) through (e).
