HomeMy WebLinkAbout20-81 RESOLUTIONRESOLUTION NO. cm -en
A RESOLUTION URGING. THE GENERAL ASSEMBLY TO ADOPT
A BILL REINSTATING THE COMMON LAW RULE THAT A
PUBLIC UTILITY BEAR ITS OWN RELOCATION COSTS WHEN
CHANGES ARE REQUIRED BY PUBLIC NECESSITY.
WHEREAS, many streets in the city are in need of
widening, straightening or other improvement; and
WHEREAS, many new streets need to be constructed
throughout the city; and
WHEREAS, such construction will in many instances require
the relocation of public utility poles, wires, meters, pipes,
or other facilities so that said facilities do not impair
or obstruct traffic; and
WHEREAS, under the general common law rule a public
utility is required to bear its own relocation costs when
changes are required by public necessity; and
WHEREAS, the Arkansas Supreme Court has departed from
the general common law rule; and
WHEREAS,.such.departure will prevent the construction of
many badly needed streets because the city does not have
sufficient revenues to pay the cost of relocating public
utility facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
OF THE CITY OF FAYETTEVILLE, ARKANSAS:
That the Board of Directors strongly urges the General
Assembly to enact a bill reinstating the general common law
rule that a public utility is required to bear its own
relocation costs when changes are required by public necessity,
except to the extent that federal funds are made available to
pay said costs.
PASSED AND APPROVED this j(,,t( day of
471
,,.. -ATTEST;
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. rCITYf CLERK
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APPROVED:
1981.
MICROFILMED:
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l�..ctilaw
City Cle
and Ex-Otlicio Recorder