Sec. 22a-470. (Formerly Sec. 25-54yy). Relocation or removal of public service facilities as necessary for construction of municipal sewer or pollution abatement facilities.
Sec. 22a-470. (Formerly Sec. 25-54yy). Relocation or removal of public service
facilities as necessary for construction of municipal sewer or pollution abatement
facilities. Whenever a municipality obtains a grant under this chapter for the construction, rebuilding, expansion or acquisition of sewers or other pollution abatement facilities and where the carrying out of such construction, rebuilding, expansion or acquisition
requires the temporary or permanent readjustment, relocation or removal of a public
service facility from a street or public right-of-way, the municipality shall issue an
appropriate order to the company owning or operating such facility and such company
shall permanently or temporarily readjust, relocate or remove such facility promptly in
accordance with such order, provided an equitable share of the cost of such readjustment,
relocation or removal of said public service facility, including the cost of installing
and constructing a facility equal in capacity in a new location, shall be borne by the
municipality. Such equitable share shall be one hundred per cent of such cost after the
deductions hereinafter provided. In establishing the equitable share of the cost to be
borne by the municipality, there shall be deducted from the cost of the readjusted, relocated or removed facilities a sum based on a consideration of the value of materials
salvaged from existing installations, the cost of the original installation, the life expectancy of the original facility and the unexpired term of such useful life. For the purposes
of determining the equitable share of the cost of such readjustment, relocation or removal, the books and records of the company shall be available for the inspection of
the municipality. When any facility is removed from a street or public right-of-way
to a private right-of-way, the municipality shall not pay for such right-of-way. If the
municipality and the company owning or operating such facility cannot agree upon the
share of the cost to be borne by the municipality, either may apply to the superior court
for the judicial district in which the street or public right-of-way is situated or, if the
court is not in session, to any judge thereof for a determination of the cost to be borne
by the municipality, and such court or judge after causing notice of the pendency of
such application to be given to the other party, shall appoint a state referee to make
such determination. Such referee, having given at least ten days' notice to the parties
interested of the time and place of the hearing, shall hear both parties, shall take such
testimony as such referee may deem material and shall thereupon determine the amount
of the cost to be borne by the municipality and forthwith report to the court. If the report
is accepted by the court, such determination shall, subject to right of appeal as in civil
actions, be conclusive upon such parties. As used in this section, "public service facility"
includes any sewer, pipe, main, conduit, cable, wire, tower, building or a utility appliance
owned or operated by an electric, gas, telephone, telegraph, water or community antenna
television service company.
(P.A. 79-526, S. 1, 2.)
History: Sec. 25-54yy transferred to Sec. 22a-470 in 1983.
"Equitable share" discussed. 206 C. 65.