HomeMy WebLinkAbout17-85 RESOLUTIONRESOLDTION NO. 17-85
A RESOLUTION EXPRESSING THE POLICY OF THE CITY
OF FAYEITEVILLE, ARKANSAS FOR PAYING THE COST
OF RELOCATING PUBLIC UTILITY LINES IN CONNECTION
WITH OJMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS.
WHEREAS, the United States Supreme Court ruled in Norfolk Redevelop-
ment and Housing Authority v. Chesapeake and Potomac Telephone Conpany
of Virginia', U.S. , 104 S. Ct. 304, 78 L. Ed 2d 29 (1983)
that the Uniform Relocation Assistance Act, 42 U.S.C. §4601 et seq.,
"did not change the long-established common law principle that a utility
forced to relocate from a public right-of-way must do so at its own
expense; it is not a 'displaced person' as that term is defined in
the Act"; and
WHEREAS, §105(a)(11) of the Housing and Community Development
Act of 1974,"as amended, and 24 CFR §570.606(b) grant localities receiving
Community Development Block Grant funds the discretion to provide
utility relocation payments and assistance as they determine appropriate,
subject only to the adoption of a written policy setting forth the
payments and assistance plan, and to the requirement that persons
in like circumstances receive like treatment; and
WHEREAS, the Fayetteville Board of Directors has determined that
the following policy should be adopted regarding the payment of utility
relocation costs necessitated by Community Development Block Grant
projects.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECDORS OF THE
CITY OF FAWITEVILtE, ARKANSAS:
Section 1.. When utility relocation is necessitated by a Community
Development' Block Gtant project and 'is requested by the City of
Fayetteville, the City shall' pay 100% of .the verified, actual costs
incurred by all publid utilities in relocating their facilities; provided,
the facilities being relocated meet the following criteria:
(a) The facility is not located more than 7 feet inside
the right-of-way line;
(b) If the facility being relocated is a cross line, the
line is buried a minimum of 2.5 feet below the low
points of the roadway cross section, or 3.5 feet
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below the bottom of surfacing (top of sub -grade), whichever
gives the greater depth; if the facility being relocated
is a parallel (longitudinal) line,the line is buried a
minimum depth of 2.0 feet; and
(c) Where the facility being relocated is a pedestal or
other above ground utility appurtenance, the appurtenance
has been located at or near the right-of-way line,
well outside of the street maintenance operation area.
Section 2. If it is necessary to relocate facilities which
do not meet the criteria in Section 1 above, the cost of relocation
shall be borne entirely by the affected utility.
PASSED AND APPROVED this 19th day of February
, 1985.