KRS § 177.035 — KY Code / Title XV / Chapter 177 / Section 177.035
177.035 Cost of relocation of publicly and privately owned utility equipment and appliances to be borne by department -- Conditions
Status: in_force

177.035 Cost of relocation of publicly and privately owned utility equipment and

appliances to be borne by department -- Conditions.

(1) (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.