2014 Kentucky Revised Statutes CHAPTER 177 - STATE AND FEDERAL HIGHWAYS -- LIMITED ACCESS FACILITIES -- TURNPIKES -- ROAD BONDS -- BILLBOARDS -- RECYCLERS 177.035 Cost of relocation of publicly and privately owned utility equipment and appliances to be borne by department -- Conditions.
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177.035 Cost of relocation of publicly and privately owned utility equipment
and appliances to be borne by department -- Conditions.
(1)
(2)
(3)
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. 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.
The term "utility" as used in subsections (3) to (5) of this section shall mean
any utility not referenced in subsection (1) of this section, and the term shall
mean any utility as defined in KRS 278.010.
If a utility has facilities located within the public right-of-way pursuant to KRS
416.140, 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
(4)
(5)
(6)
all of the relocation work under this subparagraph with contractors or
employees of the utility.
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.
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.
The provisions of this section shall not amend or affect in any way the
provisions of KRS 179.265.
Effective:July 13, 2004
History: Amended 2004 Ky. Acts ch. 154, sec. 1, effective July 13, 2004. -Amended 1994 Ky. Acts ch. 112, sec. 1, effective March 29, 1994; and repealed
and reenacted by ch. 279, sec. 2, effective July 15, 1994. -- Amended 1990 Ky.
Acts ch. 281, sec. 1, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 207,
sec. 1, effective July 15, 1988. -- Amended 1974 Ky. Acts ch. 74, Art. IV,
sec. 20(1). -- Created 1972 Ky. Acts ch. 361, sec. 1.
Legislative Research Commission Note.(9/10/90). Section 2 of the enrolled
version of House Bill 301 of the 1990 Regular Session, 1990 Ky. Acts ch. 191,
purported to amend KRS 177.035, but the inclusion of that section of the bill was
the result of an error in enrolling a Senate amendment which was not accepted
by the House and from which the Senate subsequently receded. Pursuant to
KRS 446.017, Section 2 of the enrolled version of House Bill 301 is void and has
been severed from that bill. The above statutory text is a recodification of KRS
177.035, as amended by the 1990 Regular Session, without the amendment
contained in Section 2 of House Bill 301. The original 1990 codification of KRS
177.035 and its accompanying note are superseded and without effect.
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