Time for commencement of construction or conversion. If the governing body enacts an ordinance establishing a service district, the public utility corporation is not required to commence construction or conversion until:
1. The time for applying for a rehearing has expired and no application has been filed; or
2. If an application for a rehearing has been filed, the governing body has declined to repeal or amend the ordinance; and
3. Either the time for commencing an action in the district court has expired and no action has been commenced, or if an action has been commenced, a final judgment upholding the validity of the ordinance has been rendered; and
4. Arrangements for financing the construction or conversion have been completed and moneys are available therefor from the issuance of interim warrants, or from the levy and collection of assessments and issuance of bonds, or otherwise; and
5. The public utility corporation has been provided with or acquired necessary easements or licenses satisfactory to it for installation and maintenance of underground electric and communication facilities.
Last modified: February 26, 2006