2021 Kentucky Revised Statutes Chapter 96 - Utilities in cities 96.060 City with population of 8,000 to 19,999 may grant rights-of-way to utilities -- Conditions.
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96.060 City with population of 8,000 to 19,999 may grant rights-of-way to utilities - Conditions.
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The legislative body of any city with a population equal to or greater than eight
thousand (8,000) but less than twenty thousand (20,000) based upon the most recent
federal decennial census may, by ordinance, grant the right of way in streets, alleys
and public grounds of the city to any railway, street railway, gas, water, steam
heating, telephone or electric light or power company for a term not exceeding
twenty (20) years. Before granting such privilege, the city shall, after advertising by
publication pursuant to KRS Chapter 424, receive bids publicly, and award the
privilege to the highest and best bidder, having the right to reject any and all bids.
The city shall reserve the right to regulate and control the tracks, pipes and wires of
such companies, and the public ways in which they are laid or constructed, and shall
reserve the right to require any such company to conform to any changed grades of
the streets and public grounds, to pay the cost of improving between its rails and for
a reasonable distance on either side of its rails, to make culverts beneath them for
the free flow of water, to change its rails, or mode of construction or operation, to
suit public convenience, to raise or lower its pipes, or to take down its wires and lay
them underground, as the public good requires.
The city shall not be liable for the cost or damage occasioned by such changes, or
for any damage for delay in the operation of the business of any such company
occasioned by any street improvement or repairs, or the constructing, bursting or
repairing of any sewer or pipe in or across any street, alley or public ground, or for
injury by any mob or other violence.
All such grants shall expire and become voidable, at the option of the city, although
a consideration has been paid, unless a bona fide organization has taken place and
business has been commenced and prosecuted under the grant in good faith within
one (1) year from the date of the grant. The legislative body may impose other
conditions and terms in addition to and not inconsistent with those enumerated in
this section. The provisions in this section as to advertisements and bids, and
limitation of the grant to twenty (20) years, shall not apply to the grant of the right
of way to a trunk railway.
Effective: January 1, 2015
History: Amended 2014 Ky. Acts ch. 92, sec. 151, effective January 1, 2015. -Amended 1966 Ky. Acts ch. 239, sec. 89. -- Recodified 1942 Ky. Acts ch. 208, sec.
1, effective October 1, 1942, from Ky. Stat. secs. 3290, 3290-35.
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