17-1917.   Same; duty of utility owning lines or facilities; paymentof expenses; bond or surety; failure of utility to perform, damages;action to recover damages, fees and costs.It shall be the duty of any public or municipally owned utility owningor operating such wires, cables or other aerial equipment after serviceof notice, as required in K.S.A. 17-1916, to furnishcompetent workmen or linemen to remove, raise, or cut such wires, cablesor other aerial equipment as will be necessary to facilitate applicant'smoving operations. The necessary expense which is incurred by or onbehalf of any public or municipally owned utility for cutting, raising,removing, or otherwise facilitating the moving operations of theapplicant shall be paid by applicant to each public or municipally ownedutility concerned. The public or municipally owned utility may requirethe applicant to furnish the public or municipally owned utility withappropriate bond or other surety agreement insuring the payment of allexpenses incurred as a result of applicant's moving operations.

      The failure of any public or municipally owned utility, after havingreceived the notice provided for in K.S.A. 17-1916, andhaving received advance payment or agreed to accept a surety arrangementin lieu of advance payment, to raise, remove, relocate or otherwiseadjust its aerial facilities to accommodate applicant's movingoperations, within fifteen (15) days from date notice is received orwithin twenty-four (24) hours after notice is given following theinitial fifteen (15) day notice period, shall render such utility liableto applicant for damages in an amount not to exceed one hundred dollars($100) per day for each day said public or municipally owned utilityfails and refuses to so accommodate applicant's moving operations. Suitto recover such damages shall be maintained in the district court in thedistrict in which such property is located and the applicant shall beentitled to reasonable attorney's fees and court costs in addition tosuch damages.

      History:   L. 1917, ch. 251, § 4; R.S. 1923, 17-1917; L. 1974, ch. 97, § 4;L. 1975, ch. 135, § 4; July 1.