40-341

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 with underground electric or
communication facilities constructed at the same or different locations.

3. "Electric or communication facilities" means any works or improvements used or
useful in providing electric, communication or cable television service, including but
not limited to 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. "Electric facilities" shall not include any 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. "Communication facilities" shall not include facilities used or intended to be used
for the transmission of intelligence by microwave or radio, apparatus cabinets or outdoor
public telephones.

4. "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.

5. "Lot" includes any portion, piece, parcel or subdivision of land, but not
property owned or controlled by any person as a right of way.

6. "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
himself 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.

7. "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.

8. "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.

9. "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.

10. "Public service corporation" means any person or corporation that provides
electric or communication service to the public by means of electric or communication
facilities.

11. "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.

12. "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 which 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 which are used to connect an underground
system to overhead facilities.

13. "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.