40-343

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
within the area who own not less than sixty per cent of the real property within the area
excluding public places may petition each public service corporation or public agency
rendering electric or communication service in the area for establishment of an
underground conversion service area in the same area as described in the original
petition or petitions.

B. The public service corporation or corporations shall within sixty days
thereafter petition the corporation commission or if not under the jurisdiction of the
corporation commission, the board of supervisors or the city or town council for
establishment of such an underground conversion service area.

C. The public agency or agencies shall within sixty days thereafter petition the
board of supervisors for establishment of an underground conversion service area.

D. Upon filing the petition for the establishment of an underground service area,
the public service corporation or corporations or public agency or agencies shall record
in the office of the county recorder of the county where the proposed conversion service
area is located a notice of proposed lien which shall contain the following:

1. The legal description of each lot or parcel upon which the proposed lien shall
be claimed.

2. A statement that a petition for the establishment of an underground conversion
service area has been filed with the corporation commission, board of supervisors or city
or town council, as the case may be.

3. The public service corporation or public agency which will claim the lien.

4. A statement of the estimated costs to be assessed against each lot or parcel
located within the proposed underground conversion service area for placing underground
the facilities of the public service corporation or public agency should the corporation
commission, board of supervisors or city or town council order the establishment of the
underground conversion service area.