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. The public service corporation or public agency involved, directly or
through a contractor, shall, at the expense of the owner, convert to underground its
facilities on any such lot or parcel up to the point of delivery, in the case of an
electric public service corporation or public agency, or to the connection point within
the house or structure, in the case of a communication corporation, upon being requested
by the owner. Overhead electric service facilities beyond the point of delivery to the
service entrance shall be placed underground by the owner, acting directly or through a
contractor.
B. If the property owner does not reimburse the public service corporation or
public agency in cash for all such costs or expenses so incurred by it within thirty days
after completion of such conversion, or reach other agreement with the public service
corporation or public agency involved for payment in some other manner, such costs shall
be included in the costs on which the underground conversion cost for such property is
calculated, as provided by this article.
C. Upon completion of the underground system in public places the corporation
commission, board of supervisors or city or town council, as the case may be, shall mail
a notice to each owner of a lot or parcel located therein advising him of the provisions
of subsection A and stating that unless such owner complies with the requirements of such
subsection within thirty days thereafter, all buildings, structures and improvements
located upon the lot or parcel will be subject to disconnection from the electric or
communication facilities providing service thereto. Thereafter if the owner of any lot or
parcel shall fail to comply within the time specified, the public service corporation or
public agency providing electric or communication service shall disconnect and remove all
overhead electric or communication facilities providing service to any building,
structure or improvement located upon such lot or parcel. Written notice of the proposed
disconnection shall be given at least thirty days prior to disconnection by leaving a
copy of such notice at the principal building, structure or improvement located upon such
lot or parcel.
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