ORD NO 21-1973r.
ORDINANCE 1 1973
AN ORDINANCE REQUIRING UTILITIES TO HOVE UTILITIES OUT OF STREET RIGHT
OF -WAY, PENALTY CLAUSE, SAVING CLAUSE, POWERS AND DECLARING AN EMERGENCY.
WHEREAS, Act No. 324 of 1935 (73 -203) gives the City of Van Buren, Arkansas
juresdiction over it's utilities operating within the city, and
WHEREAS, the City of Van Duren, Arkansas has furnished a right -of -way to
public utilities and made provision for future right -of -way in it's sub- division
ordinance, and
WHEREAS, the amount that the City may charge a utility for franchise without
a sur- charge on our people is set by Arkansas Public Service Commission, and
WHEREAS, The City of Van Buren, Arkansas is engaged in updating it's City
streets, either.out of City funds or by an agency of the City, and
WHEREAS, the cost of moving utility lines and fixtures either must be
borne by the people of Van Buren or by the utility itself, and
WHEREAS, the cost of relocating utility lines and fixtures which obstructs
that part of the street right -of -way needed for or required street surface must
he borne by the utility companies as a conditions and ordinary cost of doing
business, and
WHEREAS, the cost of relocating utility lines and fixtures within utility
easement shall be computed upon actual cost of material and labor and not more
than 10% alocated overhead.
BE IT ORDAINED by the City Council of the City of Van Buren, Arkansas:
Section 1: That whenever public works or improvements by the City of Van Buren
or its agencies shall require the relocation of utility lines and fixtures lo-
cated 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.
SECTION 2: upon receipt of said notice, the utility company shall within a
reasonable time continence relocation as required. 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 dealy in the work being done to
improve the street or other niablic work. All utility relocation shall comply
with applicable state and local codes and standards.
Section 3: A period of twenty days from the delivery.of written notice to re-
locate by the city to the utility company is hereby found and declared to be a
reasonable time for the utility company to commence actual relocation of utility
lines and fixtures as required. Any utility company failing to commence relocation
work within 20 days of receipt of written notice shall he deemed to have failed
to commence work within a reasonable time. The existence of discussions or
disagreement between the utility company and the city or its agency concerning
the cost of relocation or the proper party to bear the cost shall not be a just
cause for not commencing relocation work as required. No party shall be deemed
to have waived any right or privileges by commencing relocation work as required.
Section 4: That the cost of relocating said utility lines and fixtures within
or from street rights -of -way will he borne by the affected utility company, and
said cost of relocation shall not be considered a fee or tax upon the utility.
Such relocation costs are found and declared to be an ordinary and necessary
cost of doing business.
Section 5: That when a utility company has an easement for its existing lines
et
0
Attest:
and fixtures and as installed they comply substantially with state, federal
and local safety codes and regulations and do not constitute a hazard to public
health and safety, then the City or city agency will reimburse, either directly
or through its contractors, the utility company for the actual cost of relocation,
limited to actual outlay for labor, materials, allocated overhead not to exceed
10% of the cost of labor and materials, and where the purchase of a new utility
easement is required, the actual cost of said new easement. The utility company
shall have the burden of furnishing actual proof of said expense to the satis-
faction of the -city or its agency.
Section 5a: That when the existing utility lines or fixtures located on an
existing utility easement which must he relocated do not substantially comply
with state and local safety codes and regulations, and health hazard to the public,
then reimbursement for relocation shall be limited to actual cost of a new utility
easement, which the city may, at its option, provide within existing right -of -way
owned by the city.
Section 6: 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 7: Any person, firm or Corporation violating the provisions of the
Ordinance will be guilty of a misdeamenbr 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 he $25.00 ner day for the second and subsequent days of violation.
Section 8: 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 9: The powers vested hereby in the City of Van Buren, Arkansas shall
be in addition to and cumulative to any and all other powers of said City of
Van Buren, Arkansas to enforce all laws and ordinances with respect to public
utilities.
Section 10: 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, an emergency is found and
declared, and this ordinance being necessary 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 day of October, 1973.
City Clerk
4.(70 L 74
Mayor