§46-76  Location of utility facilities in
improvement districts.  Notwithstanding any provision of law to the
contrary, whenever any public improvement is established, constructed,
improved, or altered pursuant to the improvement by assessment statutes or
ordinances, and in conjunction therewith it is necessary to provide for the
installation or require the removal, relocation, replacement, or reconstruction
of public utility facilities that are privately owned, the respective
legislative bodies of the counties shall determine whether the whole or a
portion of such utility facilities shall be located overhead or underground. 
Where it is decided that the whole or a portion of the utility facilities shall
be relocated, replaced or reconstructed, which installation shall constitute a
public improvement, the respective legislative bodies of the counties shall
determine what portion of the costs of the installation or the removal,
relocation, replacement, or reconstruction of the utility facilities required
shall be borne by the utility companies, counties and the properties specially
benefited within the improvement district; provided that such costs borne by
the counties and the utility companies shall be paid in a lump sum, that the
portion of the costs to be borne by the utility companies shall be the same
percentage of the total relocation cost for each utility company required to
remove, relocate, replace or reconstruct its facilities within the improvement
district and the costs that are allocated against the properties specially
benefited in the improvement district shall be assessed and paid for in
accordance with the provisions of the improvement by assessment statutes or
ordinances; provided further that the counties may issue bonds under any
applicable laws to pay their share of such costs and the costs allocated
against the properties specially benefited may be financed under any applicable
laws as are other special assessments against specially benefited property.



The foregoing provisions shall not be
applicable to the subdivision of lands which require the installation of
utility facilities in new streets established by the subdivision and which
subdivision is initiated, created or made by a private developer. [L 1968, c
73, §3; am L 1985, c 201, §1]