KRS 96.060: City with population of 8,000 to 19,999 may grant rights -of-way to utilities -

- Conditions.

(1) The legislative body of any city with a population equal to or greater than eight

thousand (8,000) but less than twenty thousand (20,000) based upon the most recent

federal decennial census 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 o f

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 t he 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.