0354 RESOLUTION NO. 354 ( #19 -85)
RESOLUTION OUTLINING THE POLICY OF THE CITY OF JACKSONVILLE,
ARKANSAS FOR PAYING THE COSTS INVOLVED IN THE RELOCATION OF
PUBLIC UTILITY LINES IN CONNECTION WITH COMMUNITY DEVELOPMENT
BLOCK GRANT PROJECTS WITHIN THE CITY LIMITS.
WHEREAS, the United States Supreme Court ruled in Norfolk
Redevelopment and Housing Authority v. Chesapeake and Potomac
Telephone Company of Virginia, U.S. , 104 S.Ct. 304,
78 L.Ed.2d 29 (1983), that the Uniform Relocation Assistance Act,
42 U.S.C. 4601 et. seq., "did not change the long - established
common law principle that a utility forced to relocate from a
public right -of -way must do so at its own expense; it is not a
'displaced person' as that term is defined in the Act. "; and
WHEREAS, Section 105(a)(11) of the Housing and Community
Development Act of 1974, and 24 CFR 570.606(b) grant localities
receiving Community Development Block Grant funds the discretion
to provide utility relocation payments and assistance as they
determine appropriate, subject only to the adoption of a written
policy setting forth the payments and assistance plan, and to
the requirement that persons in like circumstances receive like
treatment; and
WHEREAS, The Jacksonville City Council has determined that
the City should adopt a policy regarding the payment of utility
relocation costs necessitated by Community Development Block
Grant projects.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF JACKSONVILLE, ARKANSAS, THAT:
SECTION 1. When utility relocation is necessitated by a
Community Development Block Grant project and is requested by the
City of Jacksonville, the City shall pay any and all costs
incurred by all public utilities in the relocation of their faci-
lities, subject to the following provisions:
A. All costs must be verified before payment
will be made by the City;
B. The relocated facility is not located more
than seven (7) feet inside the right -of -way line;
C. If the facility being relocated is a cross
line, the line must be buried a minimum of two and
one -half (21/2) feet below the low points of the roadway
cross section, or three and one -half (31/2) feet below
the bottom of surfacing (top of sub - grade), whichever
gives the greater depth; if the facility being relo-
cated is a parallel line, the line must be buried a
minimum depth of two (2) feet; and
D. Where the facility being relocated is a
pedestal or other above ground utility appurtenance,
the appurtenance has been located at or near the right -
of -way line, well outside of the street maintenance ■,
operation area.
SECTION 2. If it is necessary to relocate facilities which
do not meet the criteria in Section 1, the cost of said relocation
shall be borne entirely by the affected utility.
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SECTION 3. Any and all resolutions or parts of resolutions
in conflict herewith are hereby repealed to the extent of said
conflict.
APPROVED AND ADOPTED THIS 15h DAY OF Au ,
1985.
CITY OF JACKSONVILLE, ARKANSAS
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ATTEST:
CI CLERK
APPROVED AS TO FORM:
K I'` VAUGH'N, CAT ATTORNEY
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