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Right-of-Way Ordinance No. 113 14 2. The feasibility and cost of undergrounding all facilities by a date certain as determined by the City Council and the affected unities. 3. The tariff requirements, procedure and rate design for recovery or intended recovery of incremental costs for undergrounding by the utilities from ratepayers within the city. 4. Alternative financing options available if the city deems it in the public interest to require undergrounding by a date certain and deems it appropriate to participate in the cost otherwise borne by the ratepayers. Upon completion of the hearing or hearings, the City Council must make written findings on whether it is in the public interest to establish a plan under which all facilities will be underground, either Citywide or within districts designated by the City. 3. Undergrounding Plan. If the City finds that it is in the public interest to underground all or substantially all facilities in the public right of way, the City must establish a plan for such undergrounding. The plan for undergrounding must include at least the following elem ents: 1. Timetable for the undergrounding. 2. Designation of districts for the undergrounding unless, undergrounding plan is Citywide . 3. Exceptions to the undergrounding requirement and procedure for establishing such expectations. 4. Procedures for the undergrounding process, including but not limited to coordination with City projects and provisions to ensure compliance with nondiscrimination requirements under the law. 5. A financing plan for funding of the incremental costs if the city determines that it will finance some of the undergrounding costs, and a determination and verification of the claimed additional costs to undergrounding incurred by the utility. 6. Penalties or other remedies for failure to comply with the undergrounding. Section 21. Damage to Other Facilities. When the City foes work in the right-of-way and finds it necessary to maintain, support, or move facilities to protect its workers or its project, the City Engineer shall notify the local representative as early as reasonably possible. The costs associated therewith will be billed to that facility owner and must be paid within thirty (30) days from the date of billing. Each facility owner shall be responsible for the cost of repairing any facilities in the right-of-way which it or its facilities damages. Each facility owner shall be responsible for the cost of repairing any damage to the facilities of another caused during the City’s response to an emergency occasioned by that owner’s facilities. Section 22. Right-of-way Vacation. If the City vacated a right-of-way that contains facilities, the facility owner’s rights in the vacated right-of-way are governed by Minnesota Rules 7819.3200. Section 23. Indemnification and Liability. By applying for and accepting a permit under this ordinance, a permittee agrees to defend and indemnify the City in accordance with the provisions of Minnesota Rule 7819.1250. Section 24. Abandoned Facilities. 1. Discontinued Operations. A registrant who has determined to discontinue all or a portion of its operations in the city must provide information satisfactory to the city that the registrant’s obligations for its facilities in the right-of-way under this ordinance have been lawfully assumed by another registrant. 2. Removal. Any registrant who has abandoned facilities in any right-of-way shall remove it from that right- of-way if required in conjunction with other right -of-way repair, excavation, or construction, unless this requirement is waived by the city.