Arizona Laws 40-344. Hearing on petition; notice
A. Upon receipt of a petition to establish an underground conversion service area, the corporation commission, board of supervisors or city or town council shall set a date for a hearing on the petition, which date shall be not later than sixty days nor sooner than thirty days after receipt of such petition. At the hearing all interested property owners owning property within the proposed underground conversion service area may appear and be heard on the matter. Any person owning property within the proposed underground conversion service area and wishing to withdraw such person’s signature from the petition of owners referred to in section 40-343, subsection A, or object to the establishment of the underground conversion service area or to the underground conversion costs as contained in the joint report pertaining to his lot or parcel included within the proposed underground conversion service area shall, not later than ten days before the date set for the hearing, file such person’s objections with the clerk of the city or town council or the board of supervisors or with the corporation commission, as the case may be.
Terms Used In Arizona Laws 40-344
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Clerk: means the clerk of the board of supervisors or any person or officer who acts as clerk of the board of supervisors. See Arizona Laws 40-341
- 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.
- Electric or communication facilities: means any works or improvements used or useful in providing electric, communication or cable television service or video service, including poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances. See Arizona Laws 40-341
- 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.
- Local government: means the city or town council if all or any part of the underground conversion service area is located within the limits of an incorporated city or town or the county board of supervisors if the underground conversion service area is located in an unincorporated area. See Arizona Laws 40-341
- 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
- Overhead electric or communication facilities: means electric or communication facilities located above the surface of the ground, except as provided for in paragraphs 3 and 12 of this section. See Arizona Laws 40-341
- Owner: means the person in whom legal title appears by recorded deed, or the person in possession under claim of title, or the person exercising acts of ownership for the person or as the personal representative of the owner, including the boards of trustees of school districts and the boards of education of high school districts owning property within the underground conversion service area. See Arizona Laws 40-341
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Property: includes both real and personal property. See Arizona Laws 1-215
- 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
- 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. Notice announcing the hearing and describing the boundaries of the proposed underground conversion service area and stating that the estimated underground conversion costs for each lot or parcel included within the proposed underground conversion service area are available at the office of each public service corporation or public agency shall be posted in not less than three public places within the proposed underground conversion service area for not less than thirty days prior to the date of the hearing and shall be published once in a newspaper published in the county and of general circulation within the proposed underground conversion service area. The publication in the newspaper shall be not less than twenty days prior to the date of the hearing.
C. In the case of public service corporation, the corporation commission shall mail not less than thirty days before the date set for the hearing a notice announcing the hearing and stating the boundaries of the proposed underground conversion service area to each owner of a lot or parcel of land within the boundaries of the proposed underground conversion service area, as reflected on the records of the county assessor and to those governmental agencies having rights in public places within such area. The public service corporation or corporations involved and all property owners within the underground conversion service area shall be deemed parties to the proceedings for the purposes of applications for rehearings or appeals as provided in sections 40-253 and 40-254.
D. If the corporation commission issues an order establishing an underground conversion service area, the public service corporation shall not be required to commence conversion until the time for requesting rehearing has expired and no application has been filed, or if an application for rehearing has been filed, until the commission has declined to modify or reverse the order, and until either the time for commencing an action in the superior court to set aside the order has expired and no application has been filed, or if application has been filed, until a final order, not subject to appeal, approving or refusing to set aside the commission’s order has been issued.
E. In the case of public service corporations which are locally regulated and licensed by a municipality, the city or town council shall mail not less than thirty days before the date set for the hearing a notice announcing the hearing and stating the boundaries of the proposed underground conversion service area to each owner of a lot or parcel of land within the boundaries of the proposed underground conversion service area, as reflected on the records of the county assessor and to those governmental agencies having rights in public places within such area. If the city or town council issues an order establishing an underground conversion service area, the public service corporation shall not be required to commence conversion until the time for commencing any action to set aside the order as provided by subsection F of this section has expired and no such action has been commenced, or if commenced, such action has been finally disposed of.
F. Any party aggrieved by any act of the city or town council in the establishment of an underground conversion service area may bring an action in the superior court of the county in which the underground conversion service area is located to set aside the action of the city or town council not later than twenty days after the order of the city or town council establishing the underground conversion service area.
G. In case of public agencies or public service corporations not under the jurisdiction of the corporation commission and regulated by the board of supervisors, the board of supervisors shall mail not less than thirty days before the date set for the hearing a notice announcing the hearing and stating the boundaries of the proposed service area to each owner of a lot or parcel of land within the boundaries of the proposed service area, as reflected on the records of the county assessor and those governmental agencies having rights in public places within the area. If the board of supervisors issues an order establishing an underground conversion service area, the public agency shall not be required to commence conversion until the time for commencing any action to set aside the order as provided by subsection F of this section has expired and no such action has been commenced, or if commenced, such action has been finally disposed of.
H. Any party aggrieved by any act of the board of supervisors in the establishment of an underground conversion service area may bring an action in the superior court of the county in which the underground conversion service area is located to set aside the action of the board of supervisors not later than twenty days after the order of the board of supervisors establishing the underground conversion service area.
I. The costs of posting, publication and mailing provided for in this section shall be assessed by the city or town council, the board of supervisors or the corporation commission on a pro rata basis to each public service corporation or public agency whose overhead electric or communication facilities are to be included in the proposed underground conversion service area.
J. The corporation commission or the board of supervisors shall not establish any underground conversion service area without prior approval of such establishment by resolution of the local government.
K. If the underground conversion service area contains overhead electric or communication facilities of a public service corporation and public agency, then neither the public service corporation nor the public agency shall be required to commence conversion until the corporation commission’s order, the board of supervisors’ order or the city or town council’s order has become final.