96.060 Third-class city may grant rights of way to utilities -- Conditions. - Kentucky Statutes

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96.060 Third-class city may grant rights of way to utilities -- Conditions. (1) The legislative body of any city of the third class 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. (2) 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. (3) 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. (4) 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. History: 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.