A. The public service corporation or corporations or public agency or agencies shall not commence the work referred to in section 40-348 on property other than private easements or public places until the owner has furnished a permit or easement to the public service corporation or public agency, expressly authorizing such public service corporation or public agency and its representative officers, employees, agents and contractors to enter upon such lot or parcel for such purpose and agreeing to the inclusion of the costs thereof in the underground conversion service costs in the event such costs or any part thereof remain unpaid thirty days after completion.

Terms Used In Arizona Laws 40-349

  • 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.
  • 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
  • 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
  • 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

B. The public service corporation or public agency shall remove its overhead facilities replaced by underground facilities in accordance with this article in the area after the underground system in the private easements and public places has been energized, thereby discontinuing service to those parcels or lots whose owners have not furnished a permit or easement as provided in subsection A of this section.

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