40-341. Definitions In this article, unless the context otherwise requires: 1. " Clerk" means the clerk of the board of supervisors or any person or officer who acts as clerk of the board of supervisors. 2. " Convert" or " conversion" means the removal of existing overhead electric or communication facilities and the replacement thereof […]
40-342. Petitions of owners for cost study establishing an underground conversion service area A. In the event that not less than sixty per cent of the owners of contiguous real property within a reasonably compact area of reasonable size, and who own not less than sixty per cent on a square foot basis of the […]
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 […]
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 […]
40-345. Procedure for making and hearing protests and objections and withdrawing signatures In determining protests, withdrawals of signatures and objections, the corporation commission, the board of supervisors or the city or town council shall be guided by the following rules: 1. Each paper containing signatures shall have attached thereto an affidavit of an owner of […]
40-346. Hearing on petition by corporation commission, board of supervisors or city or town council; determination of economic and technical feasibility; addition or elimination of certain areas A. The corporation commission, board of supervisors or city or town council, as the case may be, shall hold a hearing, upon notice as provided in this article, […]
40-347. Establishment of conversion costs; apportionment of costs; method of payment A. The order authorizing the establishment of the underground conversion service area shall authorize each public service corporation or public agency whose overhead electric or communication facilities are to be converted to charge the underground conversion costs to each lot or parcel of real […]
40-348. Conversion of service lines on owner’s property; payment; notice of disconnection to owner A. The service facilities within the boundaries of each lot or parcel within an underground conversion service area shall be placed underground at the same time as or after the underground system in private easements and public places is placed underground. […]
40-349. Permit or easement for conversion of service lines to be furnished by owner 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 […]
40-350. Lien for cost of conversion; procedure to perfect lien; recording notice of lien; default; limitation of action to foreclose lien; disconnection of service upon default A. Upon completion of the conversion of the overhead electric and communication facilities, the public service corporation or public agency shall determine the total conversion costs as provided in […]
40-351. Sale of property to satisfy lien No sale of property to satisfy a lien granted under the provisions of this article shall be made except upon judgment of foreclosure and order of sale.
40-352. Relocation of underground facilities; public service corporation or public agency to be reimbursed for cost thereof When facilities converted to underground pursuant to this article are thereafter moved, relocated or removed to avoid interference with public works or improvements, the public service corporation or public agency owning such facilities shall be reimbursed by the […]
40-353. Application of article; reinstallation of overhead facilities prohibited A. The provisions of this article shall apply only to the relocation underground of existing utilities. B. Once removed, no overhead electric or communication facilities shall be installed in an underground conversion service area. C. Following the conversion of overhead electric or communication facilities, the public […]
40-354. No extension of corporation commission jurisdiction to public agencies, video service networks or cable television systems Nothing contained in this article vests any jurisdiction over public agencies, video service networks or cable television systems in the Arizona corporation commission.
40-355. Franchises, charters and ordinances of local governments not affected The provisions of this article shall be supplemental and cumulative of existing rights, laws, local charters, ordinances and franchises and shall not be deemed to abrogate or modify the provisions of any franchise granted to public service corporations by any local government or to abrogate […]
40-356. Nonseverability If any provision of this article be held invalid, such invalidity shall invalidate this article in its entirety, and to this end the provisions of this article are declared to be nonseverable.
