ORD NO 05-1975 ORDINANCE NO. 19
AN ORDINANCE AMENDING ORDINANCE 21 -1973, AN ORDINANCE REQUIRING UTILITIES TO
MOVE UTILITIES OUT OF STREET RIGHT -OF -WAY, PENALTY CLAUSE, POWERS AND Allr AN EMERGENCY.
WHEREAS, we reaffirm the right of the City of Van Buren, Arkansas to control our
streets; and
WHEREAS, the Supreme Court of the State of Arkansas under a different fact situation
in the Case of Arkansas Louisiana Gas Company Vs. City of Little Rock, Arkansas,
et al, in Case Number 72 -237, ruled that the Housing Authority of Little Rock,
Arkansas was not acting as an agent of the City of Little Rock, Arkansas; and
WHEREAS, Ordinance 21 -1973, is currently before the Public Service Commission of the
State of Arkansas, upon complaint of Arkansas Oklahoma Gas Corporation and
Southwestern Bell Telephone Company, same being Docket No. U -2508; and
WHEREAS, the City of Van Buren, Arkansas is familiar with Section 73 -1801 of the
Arkansas Statutes 1947, as amended; and the cases decided under said statutes.
WHEREAS, the City of Van Buren, Arkansas wishes to resolve the question in a fair
manner to all utilities; including Oklahoma Gas and Electric Company.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS:
SECTION I. That Ordinance No. 21 -1973, is amended to read as follows, retroactive
to the effective date of said ordinance:
Section I. That whenever public works or improvements by the City of Van Buren,
Arkansas shall require the relocation of utility lines and fixtures located in
the street right -of -way, that the City shall give the affected utility companies
notice, in writing, to relocate said utility lines and fixtures, either off the
required street surface area or onto a designated utility easement, at the utility
company's expense.
That where work is being undertaken under a Resolution or Ordinance, designating the
Urban Renewal Agency as the body authorized to carry out street or site work in a
City right -of -way under Title I of the Housing Act of 1949, as amended, the Urban
Renewal Agency of the City of Van Buren, Arkansas will pay for relocation of utilities,
including preliminary engineering, less any depreciation allowed under the uniform
systems of accounting prescribed for a particular utility by the appropriate federal
regulatory agency. Where appropriate, an allowance will be made by the utility,
to the City or Agency, for any betterment to the utility's plant; and provided, the
utility will absorb the cost of relocation of its facility under the following
guidelines and conditions:
A
A. The main or line is programmed or determined that it should be programmed
for replacement.
S. B. The main or line is programmed or determined that it should be programmed
for upgrading.
C. The pipeline or main, or other underground utility, is exposed due to natural
erosion in any area other than cross drainage ditches or swales. The utility company
will absorb the cost of relocating and lowering the pipeline or main
a length necessary to obtain normal cover prior to specifications of proposed
changes in grade. Said length necessary to obtain normal cover shall be
ascertained and agreed to by the Agency's engineer and a company engineer.
D. Meter settings are not on private property and it is determined they should
be relocated. Exception— if street right -of —way is expanded through acquisition or
dedication after original installation of meter setting.
That the Agency may contract with any utility company within the framework of the
above guidelines and conditions.
SECTION II. That the City or its Agency shall give, to the affected utility,
a preliminary notice of its intention to require relocation of that utility's facilities,
which notice shall describe, as completely as known to date, the area to be affected.
The planners and engineers for the City or its agency shall from time to time confer
and cooperate with the utility's personnel with regard to the plans and specifications
for the project. The City or its Agency shall give, not less than sixty (60) days after
the preliminary notice, a commencement notice to the affected utility, which
commencement notice shall be attached to a final and complete copy of the plans for the
project. The affected utility shall commence the actual relocation of its utility
lines and fixtures within thirty (30) days of receipt of the commencement notice and
final plans, except where, for good cause, the utility is unable to commence relocation
within the specified period. It shall be the duty of the affected utility to notify
the City in writing, at the earliest possible time, of the cause of the postponement
and its expected duration.
SECTION III. The utility company shall cooperate with the City or its agency and their
contractors in making the said improvements so as not to cause unnecessary delay in the
work being done to improve the street or other public work. All utility relocation
shall comply with applicable State and Local Codes and Standards.'
SECTION IV. DELETED
SECTION V. DELETED
SECTION Va. D E L E T E D
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SECTION VI. That a copy of this ordinance shall be filed with the Arkansas Public
Service Commission and a copy sent to all utilities serving the City of Van Buren,
Arkansas.
SECTION VII. Any person, firm or Corporation intentionally violating the provisions of
the Ordinance will be guilty of a misdemeanor and subject to fine of not more than
twenty -five dollars ($25.00) provided, however, that each day a violation of this
ordinance continues will constitute a seperate offense for which a maximum fine for
which will be $25.00 per day for the second and subsequent days of violation.
SECTION VIII. If any section, sentence, sub division or clause of this ordinance is
for any reason held invalid or to be unconstitutional, such decisions shall not
affect the validity of the remaining portions of the ordinance.
SECTION IX. The powers vested hereby in the City of Van Buren, Arkansas shall be
in addition to and cummulative to any and all other powers of said City of Van Buren,
Arkansas to enforce all laws and ordinances with respect to streets and public utilities.
SECTION X. EMERGENCY CLAUSE: The City Council finds that there is an urgent need
to provide and improve public streets, sidewalks, storm drainage, and similar
public improvements to eliminate an existing hazard to the public health, safety and
welfare of the City of Van Buren, Arkansas, and that a need exists to begin these
public works without delay; therefore, and emergency is found and declared, and this
Ordinance beinglnecessary for the preservation of the public peace, health, safety
and welfare shall be in full force and effect from and after its passage, approval and
publication.
APPROVED AND PASSED THIS 17th day of February 1975.
Mayor
ATTEST:
City Clerk
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