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ORDINANCE NO. 19,116
2 AN ORDINANCE TO AMEND LITTLE ROCK, ARKANSAS
3 ORDINANCE NO. 14,984 AS TO THE UTILITY RELOCATION
4 POLICY WITH ENTERGY ARKANSAS, INC.; TO DECLARE
5 AN EMERGENCY; AND FOR OTHER PURPOSES.
6 WHEREAS, the Arkansas Supreme Court noted in Southwestern Bell Telephone v. City of
7 Fayetteville, 271 Ark. 630, 609 S.W.2d 916 (1980), that cities have the ability to negotiate with
8 public utilities for reasonable terms and conditions for the use by utilities of streets and roads,
9 and
10 WHEREAS, the City has set conditions for the use of City rights of way by Arkansas
11 Power & Light Company, now known as Entergy Arkansas, Inc. and (the "Company ") in Little
12 Rock, Arkansas, Ordinance No. 11,683 (December 6, 1965), and
13 WHEREAS, the City has also established terms and conditions for the removal of such
14 facilities from City rights of way at the expense of the Company in Little Rock, Arkansas,
15 Ordinance No. 11,684 (November 5, 1985), which amended Ordinance No.11683, and
16 WHEREAS, there have been questions raised by various parties as to whether the
17 Company is responsible for the costs of particular relocations and in one instance litigation has
18 been filed against the City challenging the right of the City to require such relocation at the
19 expense of the Company, and
20 WHEREAS, the City wishes to clarify how the costs associated with the relocation of
21 Company facilities from City rights of way should be allocated, and
22 WHEREAS, the Company has agreed to the terms and conditions set forth 2 below.
23 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE
24 CITY OF LITTLE ROCK, ARKANSAS:
25 Section 1. Utility Relocation Statement of Policy. In the interest of the public health,
26 safety, and welfare, and consistent with City ordinances, franchise agreements, and various City
[Page 1 of 61
Ordinance
Amending Little Rock Arkansas Ordinance No. 14,984 as to
the utility relocation policy with Entergy Arkansas, Inc.
0
1 master plans, the City may make, or cause to be made, improvements, repairs, replacements,
2 realignments, or relocation of public facilities located within the City rights of way. Such
3 construction activity may require the adjustment or relocation of facilities of public utilities
4 located within the City rights of way. The City declares that the right of public utilities to use
5 the City rights of way is permissive and subordinate to the reasonable exercise of the City's
6 police power.
7 Section 2. Definitions.
8 "City" means the City of Little Rock, Arkansas, a municipal corporation of the first class,
9 acting either alone or in conjunction with other public entities that are created solely by the City
10 such, as the Advertising and Promotion Commission, Wastewater Department, Central
11 Arkansas Library System, Central Arkansas Water, Little Rock National Airport, or
12 Metropolitan Emergency Medical Services ( "MEMS "). However, other public agencies, not
13 directly or indirectly under the sole management of the City, including but not limited to, the
14 Little Rock Housing Authority, shall not be considered the City for purposes of this Ordinance.
15 For purposes of this definition, the geographic limits of the City shall be the corporate limits of
16 the City on the effective date of this Ordinance. No reorganization of any agency existing as of
17 the effective date of this Ordinance shall affect responsibility for relocation costs as established
18 by this Ordinance.
19 "Public Utility" shall mean any person, organization, corporation, partnership, or firm,
20 which performs a public service within the City and which has access to use and locate facilities
21 within City rights of way by virtue of any City ordinance, franchise, commission, contract, or by
22 virtue of common law. The term public utility shall include, but not be limited to, entities that
23 provide electric, gas, water, sewer, railway, transportation, cable television, local or long
24 distance telephone, and telecommunication services designed for the conveyance of voice,
25 picture, or data.
[Page 2 of 61
Ordinance
Amending Little Rock, Arkansas Ordinance No. 14,984 as to
the utility relocation policy with Entergy Arkansas, Inc.
I "Relocation" means the removal of utility facilities located within City rights of way and,
2 if necessary, the replacement of those facilities with other facilities that are functionally the
3 same. Extensions of and upgrades or improvements to utility facilities, even if made in
4 connection with a relocation, are not considered relocations, and the incremental cost of any
5 such extension, upgrade, or improvement shall not be the responsibility of the City unless the
6 City has expressly requested and contracted for the extension, upgrade or improvement.
7 The General Service Rules and Regulations as promulgated by the Arkansas Public
8 Service Commission govern the installation, relocation and provision of electrical service and
9 facilities to city owned buildings. Distribution facilities located on city owned property that are
10 not located in city rights of way or whose purpose is to serve electrical power to the city
11 buildings shall be relocated if necessary for a city building expansion at the Company's expense
12 if the line is not owned by the Company prior to the City's interest and is not evidenced by a
13 utility easement; otherwise the City bears the cost of relocation.
14 Section 3. Application of Ordinance. The Company, upon written notice from the City
15 Manager or the City Director of Public Works, shall promptly, after securing adequate right of
16 way, adjust, relocate, or remove any and all facilities within, upon, under, or above any City
17 rights of way in order to accommodate the construction, improvement, alteration, or
18 maintenance of City rights of way required or authorized by the City, its boards, commissions,
19 or departments. The Company shall make adjustments or relocations at its own expense, except
20 as set forth in 2 Section 5, regardless of the source of funds for the project.
21 Section 4. City Duty to Mitigate Utility Facility Relocation. The City shall
22 seek to minimize current and future installation or relocation costs incurred by the Company
23 through measure such as the:
24 (A) Regular and systematic consultation in public works planning with the Company
25 whenever the Company will be impacted by a public project that is the subject of this
26 Ordinance, or
[Page 3 of 61
Ordinance
Amending Little Rock, Arkansas Ordinance No. 14,984 as to
the utility relocation policy with Entergy Arkansas, Inc.
9
L�
1 (B) Sharing of information and advance engineering proposals, to the extent feasible,
2 with the Company whenever the Company will be impacted by a public street project that is the
3 subject of this Ordinance; or
4 (C) Consideration of the unique needs of the Company in the planning and design of
5 a public project that is the subject of this Ordinance, or
6 (D) Any combination of these measures.
7 Section 5. Reimbursement of Certain Relocation Costs.
8 (A) Federal Fund Reimbursement. The City shall reimburse the Company for the
9 direct cost of required relocations in an amount directly proportionate to any federal funds
10 which the City applies for and receives on such public projects if such reimbursement is
11 specifically provided for as a line item reimbursable allowance for utility relocation or
12 adjustment. The City shall request a utility line item reimbursable allowance whenever the City
13 has reason to believe funds may be available for such reimbursements.
14 (B) Utility Ownership of the Property. The City shall reimburse the Company for
15 direct costs of required relocations when the Company can demonstrate that the Company
16 legally acquired the right of way or otherwise occupied it prior to the dedication of the right of
17 way to the City.
18 (C) Method of Reimbursement. Relocation costs shall be reimbursed, when
19 appropriate, pursuant to an agreement between the City and the Company involved in the
20 particular project. Such agreement shall describe the scope of the Company's relocation work
21 and allocate the costs or the proportional share of the costs for such work. This cost allocation
22 shall not require the City to reimburse the Company for any betterment which is only
23 occasioned by the other adjustments required.
24 Section 6. The Company to Engage in Good Faith Negotiations for Reimbursement.
25 Whenever it is determined that the Company is entitled to be reimbursed by the City for the
26 expense of a relocation, the Company shall make a reasonable determination of the amount of
[Page 4 of 61
Ordinance
Amending Little Rock, Arkansas Ordinance No. 14,984 as to
the utility relocation policy with Entergy Arkansas, Inc.
0 0
1 reimbursable expense and shall engage in good faith negotiations with the party responsible for
2 relocation costs.
3 Section 7. Policy Does Not Impact Other Franchise Requirements.
4 Nothing in this Ordinance shall be construed as altering or amending any of the rights or
5 obligations of either the City or any public utility other than the Company as delineated in any
6 existing franchise agreement or any other agreement between the City and such other public
7 utility. This policy will not govern telecommunications activities if the public utility becomes a
8 telecommunications service provider.
9 Section 8. Failure to Comply with Relocation Policy Constitutes Abandonment of All or
10 Part of the City Franchise. Failure of the Company to comply with the relocation policy set
11 forth in this Ordinance shall be deemed an abandonment by the Company of the Company's
12 right to use City rights of way in those instances and for those projects in which the Company is
13 not in compliance.
14 Section 9. Severability. In the event any title, section, paragraph, item, sentence, clause,
15 phrase, or word of this Ordinance is declared or adjudged to be invalid or unconstitutional,
16 such declaration or adjudication shall not affect the remaining portions of the Ordinance which
17 shall remain in full force and effect as if the portion so declared or adjudged to be invalid or
18 unconstitutional was not originally a part of the ordinance. Further, in the event of such
19 declaration of invalidity, any public utility relocation provision of the ordinances set forth in
20 Section 11 shall be deemed to be immediately reinstated and in full force and effect as if the
21 provisions of Section 11 had never applied to such relocation provision in the first place.
22 Section 10. Repealer. All ordinances, agreements, and part of the same, inconsistent or in
23 conflict with the provisions of this Ordinance are hereby repealed to the extent of any such
24 inconsistency. In addition, the following provision is expressly repealed by the Ordinance:
25 Section 2 of Little Rock Arkansas, Ordinance No. 14,984 (November 5, 1986).
(Page 5 of 61
Ordinance
Amending Little Rock, Arkansas Ordinance No. 14,984 as to
the utility relocation policy with Entergy Arkansas, Inc.
9
0
1 Section 11. Emergency Clause. The ability to properly and promptly assign responsibility
2 for the cost of utility facilities relocation from City street rights of way upon the appropriate
3 party is essential to protect the City rights of way to administer the City's franchise agreement
4 with Company, to identify and avoid the undue delay of new City projects, and to protect the
5 public health, safety and welfare. An emergency is, therefore, declared to exist and this
6 Ordinance shall be in full force and effect from and after the date of its passage.
7 PASSED: May 18, 2004
8 ATTEST: APPROVED:
9
10
11 Nan Wood, ity Clerk Ji ailey, Mayor
12 APPROVED AS TO LEGAL FORM:
13
14'Y"��
15 Thomas M. Carpenter, City Attorney
16 H
17 H
18 H
19 H
20 H
21 H
22 H
23 H
24 H
25 H
26 H
27 H
[Page 6 of 61
Ordinance
Amending Little Rock, Arkansas Ordinance No. 14,984 as to
the utility relocation policy with Entergy Arkansas, Inc.
OPERATING RULES FOR LICENSED ICE CREAM MOBILE UNITS
Ice cream mobile units are prohibited from operating before 11:00 A.M. and after
one half hour after sunset Monday through Saturday. On Sunday, ice cream
mobile units are prohibited from operating before 12:00 noon and after one half
hour after sunset.
2. Ice cream mobile units must make all sales from the curbside of the vehicle and
must be legally parked at the curb. The mechanically operated safety swing -out
arm must be extended whenever the unit is stopped making a sale and the lights
on the top rear of the ice cream mobile unit must be flashing whenever the ice
cream mobile unit is selling ice cream.
3. Ice cream mobile units cannot make or attempt to make sales within 500 feet of
any school while such school is in session unless invited onto school property by
school officials.
4. Ice cream mobile units are prohibited from making or attempting to make sales
within 500 feet of any church while such church is in session unless invited onto
church property by church officials.
5. Ice cream mobile units can only make or attempt to make sales on public streets
that are primarily residential streets where the speed limit is 30 mph or slower.
6. Ice cream mobile unit shall not back to make or attempt a sale.
[PAGE 5 of 51
26204946941
86/11/2804 02:85:18 PH
Filed 8 Recorded in
Official Records of
CAROLYN STALEY
PULASKI COUNTY
ORDINANCE NO. 19,117 CIRCUIT /COUNTY CLERK
Fees $14.80
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED
IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF LITTLE
ROCK, ARKANSAS; AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE
ROCK, ARKANSAS.
SECTION 1. That the zone classification of the following property be and is hereby
changed as indicated:
Z -7621 — Described as the North V. of North %x of South % of NE %4 ofSW V4
of Section 11, T -1 -N, R -13 -W, Pulaski County, Arkansas.
AND
The South %z of North '/z of South % of NE %4 ofSW %4 of Section 11, T -1 -N,
R -13 -W, Pulaski County, Arkansas: From "R -2" Single Family District to
"0-3" General Office District. (2203/2225 Barrow Road).
LESS AND EXCEPT
The East 50 feet of the above described property which is to be zoned "OS"
Open Space District.
SECTION 2. That the map referred to in Chapter 36 of the Code of Ordinances of the
City of Little Rock, Arkansas, and designated district map be and it is hereby amended to the
extent and in the respects necessary to affect and designate the change provided for in Section 1
hereof.
SECTION 3. That this Ordinance shall take effect and be in full force 30 days after the
date of its passage and approval.
SECTION 4. Severability. In the event any title, section, paragraph, item, sentence,
clause, phrase, or word of this ordinance is declared or adjudged to be invalid or
unconstitutional, such declaration or adjudication shall not affect the remaining portions of the
ordinance which shall remain in full force and effect as if the portion so declared or adjudged
invalid or unconstitutional was not originally a part of the ordinance.
SECTION 5. Repealer. All laws, ordinances, resolutions, or parts of the same, that are
inconsistent with the provisions of this ordinance are hereby repealed to the extent of such
inconsistency.
PASSED: JUNE 1, 2004
ATTEST:
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