PURPOSE: This rule provides a uniform system for the designation of cost responsibility for a utility relocation.

1. (1) Utility Companies Other Than Those Owned by a Political Subdivision.

   1. (A) When the facilities are located on private easement within the new right-of-way to be acquired for a future project, the necessary relocations to permit construction will be effected at the cost of the Missouri Highways and Transportation Commission (commission).
   2. (B) When the utility facilities are on the right-of-way of a public road or street or on state highway right-of-way, the relocation must be effected at the expense of the utility.
   3. (C) When the facility is partly on and partly outside the right-of-way of a public highway and the exact cost for each party cannot be determined, the parties will arrive at a percentage reimbursement on an equitable basis.

2. (2) Utilities Owned and Operated by a City.

   1. (A) When such facilities are located on private easement, the commission will reimburse the city for the necessary cost of relocation to permit construction.
   2. (B) When such facilities are located within the city limits and on an existing city street which is being or had previously been taken over by the commission as part of its highway right-of-way, the commission will reimburse the city for the costs of the initial relocation of such facilities. These facilities will thereafter occupy commission’s right-of-way by permit and all subsequent adjustments to such facilities made necessary by improvements to the highway facilities shall be at the cost of the city.
   3. (C) When the facilities of the city are outside the city limits on public right-of-way, outside the city limits on state highway rightof-way or within the city limits on state highway right-of-way by permit, the relocation costs shall be borne by the city. The city limits involved shall be as set forth in the agreement between the city and the commission for the construction of the project, and subsequent annexation shall not affect the rights of the parties or extend the commission’s obligation.
   4. (D) When the cost of a portion of the relocation is the obligation, under the above policy, of the commission and part that of the city and the exact cost of each relocation cannot be determined, a percentage of reimbursement will be agreed upon which is equitable to the parties.
   5. (E) When a city must bear part or all of the cost of adjustments to their utility facilities and the cost creates a financial hardship, the commission, by its authorized representative, the chief engineer, may temporarily assume these costs. A payback agreement with the city will include an applicable interest rate for a comparable maturity from a widely- Transportation Commission

published index of tax-exempt municipal AUTHORITY: sections 226.020 and 227.240, rates, obtained from the Missouri Depart- RSMo 2000.* Original rule filed Oct. 7, ment of Transportation’s Resource Manage- 2002, effective May 30, 2003. ment Unit. Payback time shall not exceed five *Original authority: 226.020, RSMo 1939 and 227.240, (5) years. RSMo 1939. (3) Facilities Operated by a Political Subdivision Other Than a City.

1. (A) When such facilities are on private right-of-way, which lies within the contemplated project right-of-way, the commission shall effect the necessary relocation or reimburse the political subdivision for so doing.
2. (B) When such utility facilities are on state highway right-of-way, then relocation shall be effected at the cost of the utility involved.
3. (C) When such utility facilities are located on public right-of-way other than state highway right-of-way, the cost of relocation of adjustment shall be borne by the owner. In the case of storm sewers, where such sewers are used to dispose of the drainage from the highway, the commission may assume the cost of adjustment or relocation.
4. (D) In those locations in which, by state law, the disposition of sewage and storm waters in one or more municipalities has been delegated to a particular statutory agency, the commission will assume the cost of adjustment or relocation of such sewage and storm water disposal facilities located within city limits and not now located on state highway right-of-way but where jurisdiction over such streets on which such facilities are located is to be assumed by the commission as a part of the project.
5. (E) When a political subdivision must bear part or all the cost of adjustments to their utility facilities, and the cost creates a financial hardship, the commission, by its authorized representative, the chief engineer, may temporarily assume these costs. A payback agreement with the political subdivision will include an applicable interest rate for a comparable maturity from a widely-published index of tax-exempt municipal rates, obtained from Resource Management. Payback time will not exceed five (5) years.

1. (4) Future Moves.

   1. (A) When utility facilities are located on private right-of-way and the commission pays nothing except the actual relocation costs of the utilities involved, the commission may agree that any future moves of the same utility by commission order may be effected at commission’s cost. If a substitute private easement is provided by the commission, then the latter shall have no further obligation expressed in the agreement for future relocations.