TITLE 50

MUNICIPAL CORPORATIONS

CHAPTER 25

UNDERGROUND CONVERSION OF UTILITIES

50-2502.  Definitions. As used in this chapter, the following words and phrases and any variations thereof shall have the following meaning:

(1)  "Communication service" means the transmission of intelligence by electrical means, including, but not limited to telephone, telegraph, messenger-call, clock, police, fire alarm and traffic control circuits or the transmission of standard television or radio signals.

(2)  "Convert" or "conversion" means the removal of all or any part of any existing overhead electric or communications facilities and the replacement thereof with underground electric or communication facilities constructed at the same or different locations.

(3)  "Electric or communication facilities" mean any works or improvements used or useful in providing electric or communication service, including, but not limited to, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cut-outs, switches, capacitors, meters, communication circuits, appliances, attachments, and appurtenances. "Communication facilities" shall not include facilities used for the transmission of intelligence by microwave or radio, apparatus cabinets or outdoor public telephones.

(4)  "Extension" or "extending" means any continuation, either overhead or underground, of existing distribution or transmission facilities or the construction of new electric or communication facilities which are reasonably required by prudent electrical or communication practices.

(5)  "Governing body" means the board of county commissioners or mayor and council or board of directors as may be appropriate depending on whether the improvement district is located in a county or within a city.

(6)  "Ordinance" shall be construed to mean resolution where the governing body properly acts by resolution and vice versa.

(7)  "Overhead electric or communication facilities" mean electric or communication facilities located, in whole or in part, above the surface of the ground.

(8)  "Public utility" means any one or more, public or private persons or corporations that provide electric or communication service to the public by means of electric or communication facilities and shall include any city, special district, or public corporation that provides electric or communication service to the public by means of electric or communication facilities.

(9)  "Underground electric or communication facilities" mean electric or communication facilities located, in whole or in part, beneath the surface of the ground.

(10)  A "lot" or "parcel" of land means a single tract or parcel of land containing five (5) acres or less. No single tract or parcel of property containing more than five (5) acres may be included in any district organized under this chapter, unless located within an incorporated city, without the consent of the owner or owners thereof.

Definitions in section 50-1702, Idaho Code, shall be applicable to any sections of chapter 17, title 50, Idaho Code, incorporated in this chapter by reference.

History:

[50-2502, as added by 1971, ch. 212, sec. 1, p. 923; am. 1991, ch. 301, sec. 1, p. 789.]