Article 19.--TELEGRAPH, TELEPHONE AND TRANSMISSION LINES
17-1917.Same; duty of utility owning lines or facilities; payment
of 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 owning
or operating such wires, cables or other aerial equipment after service
of notice, as required in K.S.A. 17-1916, to furnish
competent workmen or linemen to remove, raise, or cut such wires, cables
or other aerial equipment as will be necessary to facilitate applicant's
moving operations. The necessary expense which is incurred by or on
behalf of any public or municipally owned utility for cutting, raising,
removing, or otherwise facilitating the moving operations of the
applicant shall be paid by applicant to each public or municipally owned
utility concerned. The public or municipally owned utility may require
the applicant to furnish the public or municipally owned utility with
appropriate bond or other surety agreement insuring the payment of all
expenses incurred as a result of applicant's moving operations.
The failure of any public or municipally owned utility, after having
received the notice provided for in K.S.A. 17-1916, and
having received advance payment or agreed to accept a surety arrangement
in lieu of advance payment, to raise, remove, relocate or otherwise
adjust its aerial facilities to accommodate applicant's moving
operations, within fifteen (15) days from date notice is received or
within twenty-four (24) hours after notice is given following the
initial fifteen (15) day notice period, shall render such utility liable
to applicant for damages in an amount not to exceed one hundred dollars
($100) per day for each day said public or municipally owned utility
fails and refuses to so accommodate applicant's moving operations. Suit
to recover such damages shall be maintained in the district court in the
district in which such property is located and the applicant shall be
entitled to reasonable attorney's fees and court costs in addition to
such damages.
History: L. 1917, ch. 251, § 4; R.S. 1923, 17-1917; L. 1974, ch. 97, § 4;
L. 1975, ch. 135, § 4; July 1.
Article 19.--TELEGRAPH, TELEPHONE AND TRANSMISSION LINES
17-1917.Same; duty of utility owning lines or facilities; payment
of 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 owning
or operating such wires, cables or other aerial equipment after service
of notice, as required in K.S.A. 17-1916, to furnish
competent workmen or linemen to remove, raise, or cut such wires, cables
or other aerial equipment as will be necessary to facilitate applicant's
moving operations. The necessary expense which is incurred by or on
behalf of any public or municipally owned utility for cutting, raising,
removing, or otherwise facilitating the moving operations of the
applicant shall be paid by applicant to each public or municipally owned
utility concerned. The public or municipally owned utility may require
the applicant to furnish the public or municipally owned utility with
appropriate bond or other surety agreement insuring the payment of all
expenses incurred as a result of applicant's moving operations.
The failure of any public or municipally owned utility, after having
received the notice provided for in K.S.A. 17-1916, and
having received advance payment or agreed to accept a surety arrangement
in lieu of advance payment, to raise, remove, relocate or otherwise
adjust its aerial facilities to accommodate applicant's moving
operations, within fifteen (15) days from date notice is received or
within twenty-four (24) hours after notice is given following the
initial fifteen (15) day notice period, shall render such utility liable
to applicant for damages in an amount not to exceed one hundred dollars
($100) per day for each day said public or municipally owned utility
fails and refuses to so accommodate applicant's moving operations. Suit
to recover such damages shall be maintained in the district court in the
district in which such property is located and the applicant shall be
entitled to reasonable attorney's fees and court costs in addition to
such damages.
History: L. 1917, ch. 251, § 4; R.S. 1923, 17-1917; L. 1974, ch. 97, § 4;
L. 1975, ch. 135, § 4; July 1.
Article 19.--TELEGRAPH, TELEPHONE AND TRANSMISSION LINES
17-1917.Same; duty of utility owning lines or facilities; payment
of 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 owning
or operating such wires, cables or other aerial equipment after service
of notice, as required in K.S.A. 17-1916, to furnish
competent workmen or linemen to remove, raise, or cut such wires, cables
or other aerial equipment as will be necessary to facilitate applicant's
moving operations. The necessary expense which is incurred by or on
behalf of any public or municipally owned utility for cutting, raising,
removing, or otherwise facilitating the moving operations of the
applicant shall be paid by applicant to each public or municipally owned
utility concerned. The public or municipally owned utility may require
the applicant to furnish the public or municipally owned utility with
appropriate bond or other surety agreement insuring the payment of all
expenses incurred as a result of applicant's moving operations.
The failure of any public or municipally owned utility, after having
received the notice provided for in K.S.A. 17-1916, and
having received advance payment or agreed to accept a surety arrangement
in lieu of advance payment, to raise, remove, relocate or otherwise
adjust its aerial facilities to accommodate applicant's moving
operations, within fifteen (15) days from date notice is received or
within twenty-four (24) hours after notice is given following the
initial fifteen (15) day notice period, shall render such utility liable
to applicant for damages in an amount not to exceed one hundred dollars
($100) per day for each day said public or municipally owned utility
fails and refuses to so accommodate applicant's moving operations. Suit
to recover such damages shall be maintained in the district court in the
district in which such property is located and the applicant shall be
entitled to reasonable attorney's fees and court costs in addition to
such damages.
History: L. 1917, ch. 251, § 4; R.S. 1923, 17-1917; L. 1974, ch. 97, § 4;
L. 1975, ch. 135, § 4; July 1.