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PUBLIC LAW 92-495-OCT. 14, 1972

[86

STAT.

Public Law 92-495 October 14, 1972 [H. R. 13533]

District of Columbia Public Utilities Reimbursement Act of 1972. 60 Stat. 793; 84 Stat. 587.

Definitions.

37 Stat. 975.

60 Stat. 795; 72 Stat. 1103.

72 Stat. 885. 23 USC 101.

AN ACT To amend the District of Columbia Redevelopment Act of 1945 to provide for the reimbursement of public utilities in the District of Columbia for certain costs resulting from urban renewal; to provide for reimbursement of public utilities in the District of Columbia for certain costs resulting from Federal-aid system programs; and to amend section 5 of the Act approved June 11, 1878 (providing a permanent government of the District of Columbia), and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. This Act may be cited as the "District of Columbia Public LTtilities Reimbursement Act of 1972". SEC. 2. Section 5 of the District of Columbia Eedevelopment Act of 1945 (D.C. Code, sec. 5-704), is amended by adding at the end thereof the following new subsections: "(c) Notwithstanding any provisions of law to be contrary, whenever, as the result of urban redevelopment, any utility facilities are required to be relocated, adjusted, replaced, removed, or abandoned in order to meet the requirements of or to conform to a redevelopment plan, or any modification of such plan adopted pursuant to this Act, the utility owning such facilities, shall relocate, adjust, replace, remove, or abandon the same, as the case may be. The cost of relocation, adjustment, replacement, or removal, and the cost of abandonment of such facilities shall be paid to the utility by the Agency as part of the cost of the redevelopment project. " (d) As used in this section— " (1) The term 'utility' means any gas plant, gas corporation, electric plant, electrical corporation, telephone corporation, telephone line, telegraph corporation, telegraph line, and pipeline company, whether publicly or privately owned, as those terms are defined in paragraph 1 of section 8 of the Act of March 4, 1913 (relating to appropriation for expenses for the government of the District of Columbia) (D.C. Code, secs. 43-112—43-121). " (2) The term 'utility facility' means all real and personal property, buildings, and equipment owned or held by a utility in connection with the conduct of its lawful business. "(3) The term 'cost of relocation, adjustment, replacement, or removal' means the entire amount paid by such utility properly attributable to such relocation, adjustment, replacement, or removal, as the case may be, less any increase in value on account of any betterment of the new utility facilities over the old utility facilities, and less any salvage value derived from the old utility facilities. " (4) The term 'cost of abandonment' means the actual cost to abandon any utility facilities which are not to be used, relocated, adjusted, replaced, removed, or salvaged, together with the original cost of such abandoned facilities, less depreciation." SEC. 3. Section 7(h) of the District of Columbia Redevelopment Act of 1945 (D.C. Code, sec. 5-706 (h)) is amended by inserting immediately after the words "include in the cost payable by it" a comma and the phrase: "in addition to the costs provided for in section 5(c) hereof,". SEC. 4. (a) Notwithstanding any provisions of law to the contrary, whenever the Commissioner of the District of Columbia shall determine that the construction or modification of a project, on or a part of the National System of Interstate and Defense Highways within the District of Columbia under title 23 of the United States Code, necessitates the relocation, adjustment, replacement, removal, or abandonment of utility facilities, the utility owning such facilities shall

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