74871
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
4r- m m mwm
RESOLUTION NO. 7,487
A RESOLUTION ADOPTING A UTILITY RELOCATION
POLICY FOR THE CITY OF LITTLE ROCK.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
OF THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. The Board of Directors hereby adopts the
attached Exhibit as the City of Little Rock's Utility Relocation
Policy.
: October 15, 1985
ATTEST:
p/ o
CITY &ERK JANE CfiCH
STODOLA, CITY ATTORNEY
APPROVED:
MAYOR THOMAS A. PRINCE
432
r- -q
UTILITY RELOCATION POLICY
CITY OF LITTLE ROCK
M M M M
Exhibit to Res. #7,487
In the interest of the public health, safety and welfare
and consistent with the City's ordinances and master plans, the
City of Little Rock may make or cause to be made improvements,
repairs, or replacements of the public facilities located on
public rights -of -way. Such construction activity commonly
requires adjustment or relocation of installations of public
utilities. The City deems the right of public utilities to use
public rights -of -way to be permissive and subordinate to the
reasonable exercise of the City's police power. Thus, the cost
of relocating a public utility installation should not be borne
by the City.
For purposes of this policy, the term "public utility"
shall mean any organization performing a public service by
authority of the Citv of Little Rock, whether under a franchise
or by a commission.
The policy of the City of Little Rock is to require a
public utility to promptly adjust its facilities in, upon, under
or above any right -of -way administered by the City of Little Rock
and by officials, boards, commissions, and departments of the
City of Little Rock to accommodate construction, improvements,
alterations or maintenance of public facilities when directed to
do so by the Director of Public Works or other officials
433
434
authorized by the City Manager. Utilities shall make adjustments
at their own expense, except as otherwise provided hereinafter,
in connection with any public works project approved and /or
performed by the City regardless of the source of funds for the
project.
As a matter of policy the City will seek to minimize
current and future installation adjustment costs for utilities by
such measures as regular and systematic consultation in public
works planning, advance engineering to the extent feasible, and
careful consideration of public utility needs and installations
in both planning and design.
The City will reimburse a public utility for the direct
cost of required adjustments in an amount directly proportionate
to any federal funds which the City may receive on such projects
that specifically provide for a line item reimbursable allowance
for utility relocation or adjustment.
The City will also reimburse a public utility for the
direct costs of required adjustments when the utility can
demonstrate that the utility acquired the right -of -way or
otherwise occupied it prior to the dedication of the right -of -way
either to the City of Little Rock or to any other unit of local
government. Adjustment costs shall be reimbursed, when
appropriate, under an agreement between the City and the utility
for the particular project. Such agreement shall describe the
scope of the utility's adjustment work and allocate costs. The
I
.... MCM
435
cost allocation shall not require the city to reimburse for
betterments which are only occasioned by the adjustments
required.
All appropriate provisions of this policy will be
incorporated into all future franchise agreements required by the
city.
N