Terms Used In Arizona Laws > Title 40 > Chapter 2 > Article 6.1 - Conversion of Overhead Electric and Communication Facilities

• Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• 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.
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• 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
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• 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
• electric service: means electric energy, electric capacity or electric capacity and energy. See Arizona Laws 40-201
• Executor: A male person named in a will to carry out the decedent
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
• 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.
• 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 place: includes streets, alleys, roadways, sidewalks, rights of way, easements and similar properties as to which a city, town, county, the state, the public service corporation or the public agency may have a right. 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
• Railroad: includes every railway, other than a street railroad, operated for public transportation of persons or property. See Arizona Laws 40-201
• 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
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Trustee: A person or institution holding and administering property in trust.
• Underground conversion cost: means the costs to be paid by each owner to each public service corporation or public agency by the property owners within an underground conversion service area, as provided in this article. 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
• United States: includes the District of Columbia and the territories. See Arizona Laws 1-215