Arizona Laws 40-343. Petition of owners and petition of public service corporation or public agency for establishment of underground conversion service area; notice of proposed lien
A. Within ninety days after the joint report referred to in section 40-342 is made available to the petitioners, not less than sixty per cent of the owners of real property within the area who own not less than sixty per cent of the real property within the area excluding public places may petition each public service corporation or public agency rendering electric or communication service in the area for establishment of an underground conversion service area in the same area as described in the original petition or petitions.
Terms Used In Arizona Laws 40-343
- Commission: means the corporation commission. See Arizona Laws 40-201
- conversion: means the removal of existing overhead electric or communication facilities and the replacement thereof with underground electric or communication facilities constructed at the same or different locations. See Arizona Laws 40-341
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Lot: includes any portion, piece, parcel or subdivision of land, but not property owned or controlled by any person as a right of way. See Arizona Laws 40-341
- Public agency: means any irrigation, power, electrical or agricultural improvement district now or hereafter organized that provides electric or communication service to the public by means of electric or communication facilities. See Arizona Laws 40-341
- Public service corporation: means any person or corporation that provides electric or communication service to the public by means of electric or communication facilities. See Arizona Laws 40-341
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Real property: means the real estate owned in fee, but not inclusive of buildings or structures located thereon, or any property owned or controlled as a railroad or street right-of-way. See Arizona Laws 40-341
- Underground conversion service area: means an area in which existing electric and communication facilities are to be placed underground, exclusive of any lines or facilities used or intended to be used for the transmission of electric energy at nominal voltages in excess of twenty-five thousand volts or having a circuit capacity in excess of twelve thousand kVA and facilities used or intended to be used for the transmission of intelligence by microwave or radio and facilities such as transformers, pull boxes, service terminals, pedestal terminals, splice closures, apparatus cabinets and similar facilities that normally are above the surface in areas where service lines are underground in accordance with standard underground practices, and on-the-ground facilities attached to overhead facilities that are used to connect an underground system to overhead facilities. See Arizona Laws 40-341
B. The public service corporation or corporations shall within sixty days thereafter petition the corporation commission or if not under the jurisdiction of the corporation commission, the board of supervisors or the city or town council for establishment of such an underground conversion service area.
C. The public agency or agencies shall within sixty days thereafter petition the board of supervisors for establishment of an underground conversion service area.
D. Upon filing the petition for the establishment of an underground service area, the public service corporation or corporations or public agency or agencies shall record in the office of the county recorder of the county where the proposed conversion service area is located a notice of proposed lien which shall contain the following:
1. The legal description of each lot or parcel upon which the proposed lien shall be claimed.
2. A statement that a petition for the establishment of an underground conversion service area has been filed with the corporation commission, board of supervisors or city or town council, as the case may be.
3. The public service corporation or public agency which will claim the lien.
4. A statement of the estimated costs to be assessed against each lot or parcel located within the proposed underground conversion service area for placing underground the facilities of the public service corporation or public agency should the corporation commission, board of supervisors or city or town council order the establishment of the underground conversion service area.