177.035 Cost of relocation of publicly and privately owned utility equipment and
694 words·~3 min read·
/ky/177-035A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
appliances to be borne by department -- Conditions.
(a)If the department determines that it is necessary for any fireplugs, pipes,
mains, conduits, cables, wires, towers, poles, and other equipment and
appliances, belonging to any municipality or a municipally owned utility, or
any water district established pursuant to KRS Chapter 74, any water
association established pursuant to KRS Chapter 273, any local school
district, or any sanitation district established pursuant to KRS Chapter 220, to
be removed or relocated on, along, over, or under a highway, in order to
construct, reconstruct, relocate, or improve any highway, the municipality,
municipally owned utility, water district, local school district, or the sanitation
district shall relocate or remove them in accordance with the order of the
department.
(b)The costs and expenses of relocation or removal required by this section,
including the costs of installing facilities in a new location, and the cost of any
lands, or any rights or interest in lands, and any other rights, acquired to
accomplish the relocation or removal, shall be ascertained and paid by the
department as a part of the cost of improving or constructing highways.
(2)The term "utility" as used in subsections
(3)to
(5)of this section means:
(a)Any utility not referenced in subsection
(1)of this section;
(b)Any utility as defined in KRS 278.010; and
(c)Cable operators and broadband providers.
(3)If a utility has facilities located within the public right-of-way, the department may
reimburse the utility the cost to relocate the utility's facilities to a location either
within or without the public right-of-way if the relocation is required due to a
highway construction project, subject to the following conditions:
(a)The utility shall be required to submit to the department for the department's
approval a plan for relocating the utility's facilities. The plan shall include:
1. A proposal for the relocation, including plans and a cost estimate
developed in accordance with department guidelines; and
2. A reasonable schedule of calendar days for completing the relocation
that has been agreed to by the department. If, due to circumstances
beyond the utility's control, the utility or the department cannot meet the
specified completion date included in the plan, the department may
grant an extension to the utility for a time period agreed upon by both
parties; and
(b)The utility shall be required to have either:
1. Entered into a written agreement with the department to include the
relocation of the facilities as part of the department's construction
contract. The utility may, with the approval of the department, perform a
portion of the relocation work under this subparagraph with contractors
or employees of the utility; or
2. Entered into a written agreement with the department for the utility to
remove all of its facilities that conflict with the highway construction
project, as determined by the department, prior to letting the
construction contract. The utility may perform a portion or all of the
relocation work under this subparagraph with contractors or employees
of the utility.
(4)A utility that enters into an agreement with the department under subsection (3)(b)
of this section shall be required to complete the relocation work in compliance with
the schedule included in the plan required to be submitted under subsection (3)(a)
of this section. The provisions of this subsection shall not apply if the department
fails to undertake the highway construction project within the time period specified
in the agreement, and in this instance, the department shall be required to reimburse
the utility any allowable cost the utility has incurred to relocate its facilities in
compliance with the plan approved by the department.
(5)The department shall reimburse a utility as authorized in subsection
(3)of this
section if the department is satisfied that the utility's facilities have been relocated
in conformance with the plan approved by the department. The utility shall have
twelve
(12)months from the completion date of the relocation, according to the
schedule of calendar days, to submit a reimbursement request for relocation costs to
the department.
(6)The provisions of this section shall not amend or affect in any way the provisions of
KRS 179.265.