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2011-015
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Last modified
10/17/2024 12:11:22 AM
Creation date
12/14/2011 9:02:11 AM
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Ordinance 2011-015
General - Type
Ordinance 2011-015
Category
Ordinance 2011-015
Subject
Chapter 10 Utilities
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existing facilities. Undergrounding is required whether a replacement, relocation or <br /> reconstruction is initiated by the right-of-way user owning or operating the facilities, or by the <br /> city in connection with: <br /> A. The present or future use by the city or other local government unit of the right- <br /> of-way for a public project; <br /> B. The public health or safety; or <br /> C. The safety and convenience of travel over the right-of-way. <br /> Subd. 6 Retirement of Overhead Facilities. The City Council may determine whether it is in the <br /> public interest that all facilities within the City, or within certain districts designated by the City, <br /> be permanently placed and maintained underground by a date certain or target date, <br /> independently of undergrounding required pursuant to this code. The decision to underground <br /> must be preceded by a public hearing, after published notice and written notice to the utilities <br /> affected. (Two weeks published: 30 days written.) At the hearing, the Council must consider <br /> items and make findings. Undergrounding may not take place until City Council has, after <br /> hearing and notice, adopted a plan. <br /> Subd. 7 Public Hearings. A hearing must be open to the public and may be continued from time <br /> to time. At each hearing any person interested must be given an opportunity to be heard. The <br /> subject of the public hearings shall be the issue of whether facilities in the right-of-way in the <br /> City, or located within a certain district, shall all be located underground by a date certain. <br /> Hearings are not necessary for the undergrounding required. <br /> Subd. 8 Public Hearing Issues. <br /> A. The issues to be addressed at public hearings include,but are not limited to: <br /> 1. The costs and benefits to the public of requiring the undergrounding of <br /> all facilities in the right-of-way; <br /> 2. The feasibility and cost of undergrounding all facilities by a date certain <br /> as determined by the City and the affected utilities; <br /> 3. The tariff requirements, procedure and rate design for recovery or <br /> intended recovery of incremental costs for undergrounding by the <br /> utilities from ratepayers within the city. <br /> 4. Alternative financing options available if the City deems it in the public <br /> interest to require undergrounding by a date certain and deems it <br /> appropriate to participate in the cost borne by the ratepayers. <br /> B. Upon completion of the hearing or hearings, the Council must make written <br /> findings on whether it is in the public interest to establish a plan under which all <br /> facilities will be underground. <br /> Subd. 9 Undergrounding Plan. If the Council finds that it is in the public interest to underground <br /> all or substantially all facilities, the Council must establish a plan for such undergrounding. The <br /> plan for undergrounding must include at least the following elements: <br />
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