0271 RESOLUTION NO. 271 -81
A RESOLUTION URGING THE GENERAL ASSEMBLY TO ADOPT
A BILL REINSTATING THE COMMON LAW RULE THAT A
PUBLIC UTILITY BEAR ITS OWN RELOCATION COSTS WHEN
CHANGES ARE REQUIRED BY PUBLIC NECESSITY.
WHEREAS, many streets in the city are in need of
widening, straightening or other improvements; and
WHEREAS, many new streets need to be constructed through-
out the city; and
WHEREAS, such construction will in many instances require
the relocation of public utility poles, wires, meters, pipes,
or other facilities so that said facilities do not impair or
obstruct traffic; and
WHEREAS, under the general common law rule a public
utility is required to bear its own relocation costs when
changes are required by public necessity; and
WHEREAS, the Arkansas Supreme Court has departed from
the general common law rules; and
WHEREAS, such departure will prevent the construction of
many badly needed streets because the city does not have
sufficient revenues to pay the cost of relocating public
utility facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF JACKSONVILLE, ARKANSAS:
That the Jacksonville City Council strongly urges the
General Assembly of the State of Arkansas to enact a bill
reinstating the general common law rule that a public utility
is required to bear its own relocation costs when changes are
required by public necessity.
PASSED AND APPROVED this 19th day of February , 1981.
APPROVED:
r'IR
ATTEST:
•
APPROVED AS TO FORM:
C
ITY ATTORNEY