La. Admin. Code tit. 70, § II-305 - Department Relocation of Publicly Owned or Non-Profit Utilities
A. This Section
will apply to any and all qualifying utility relocations resulting from
projects that receive federal or other required authorization after the
effective date of this Section. The rules and regulations set forth in
§301 and
§303 of this Chapter will continue to
apply to any and all qualifying relocations resulting from projects that have
received federal or other required authorization prior to the effective date of
this Section. This Section is effective as of the date of this publication as a
final Rule in the Louisiana Register.
B. When a publicly owned or non-profit
utility is not able to bear its share of the cost for adjusting its facilities
to accommodate a highway project, the department may enter into a contract for
the proposed utility relocation work, either as part of the highway project or
through a separate public works contract, if all of the following conditions
are met:
1. the utility installation is
located on a state-owned right-of-way;
2. the utility installation is owned by a
public municipality, parish, or special district created by or pursuant to law
or a nonprofit water corporation or nonprofit gas district;
3. it is necessary to remove or relocate such
installation for the construction, repair, widening, relocation, or improvement
of a state or an interstate highway;
4. the utility is financially unable to bear
its share of the adjustment expense, as determined pursuant to the provisions
of
R.S.
48:381(C)(2)(a) and this
Section;
5. the owner of the
utility installation agrees in writing, prior to the relocation of the utility
installation, to allow the department, its contractor, or employees or agents
thereof to modify the utility installation as part of the departments
construction project; and
6. the
owner of the utility installation agrees in writing, prior to the relocation of
the utility installation, to accept ownership and maintenance of any utility
installations newly constructed or modified as part of the departments
construction project, upon final acceptance of such construction project by the
department.
C. Procedure
1. The publicly owned or non-profit utility
informs the appropriate district utility specialist, in writing, that it is
requesting assistance pursuant to this Section.
2. The utility must provide the following
information to the department to begin the certification process:
a. a copy of the utility owners most recently
completed audit report, or evidence that an audit has been initiated if no
audit has been performed;
b. a copy
of the utility owners unaudited financial statements covering the period of the
date of the last audited financial statements to the current date;
c. a copy of the utility owners budget,
including any amendments, for the current fiscal year;
d. a listing of encumbrances that are payable
from the utility owners current year earnings, meaning those items for which
the utility owner has incurred an obligation to expend current year earnings,
plus 10 percent of the current years revenue as a reserve; and
e. a signed representation letter prepared on
the utility owners letterhead stating that:
i.
the utility owner is familiar with the provisions of
R.S.
48:381 and this Section;
ii. the utility owner certifies that the
financial statements and other information provided are complete and accurate;
and
iii. the utility owner
certifies that the financial information is taken from verifiable records and
the budget information is based on estimates derived from the financial
statements.
3. The appropriate district utility
specialist requests that DOTD headquarters personnel, as designated by the
secretary, examines the utilitys records to determine the utilitys eligibility
for assistance.
4. The appropriate
DOTD headquarters personnel examine the utilitys records and inform the
appropriate district utility specialist of the utilitys eligibility for
assistance.
5. If the utility is
eligible for assistance, agreements are executed between the owner of the
utility and the department as necessary to comply with the terms of this
Section and facilitate the utility relocation.
6. If federal aid is anticipated for the
project, the Federal Highway Administration is advised that the utility is
approved for assistance pursuant to this Section.
7. If the utility owner does not qualify for
assistance pursuant to this section, the utility owner may request a second
certification review. The department, at its sole discretion, will determine if
a second certification review will be granted. The request for the second
review should be addressed to the appropriate district utility specialist.
Notes
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