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

The foregoing provisions shall not beapplicable to the subdivision of lands which require the installation ofutility facilities in new streets established by the subdivision and whichsubdivision is initiated, created or made by a private developer. [L 1968, c73, §3; am L 1985, c 201, §1]