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2. Undergrounding of Facilities. Unless otherwise agreed in a franchise between the applicable right-of-way
<br />user and the City, facilities places in the public right-of-way must be located, relocated, and maintained
<br />underground pursuant to the terms and conditions of this section and in accordance with applicable
<br />construction standards.
<br />3. Undergrounding of New Facilities. A new facility or a permanent extension of facilities must be installed
<br />and maintained underground when supplied to:
<br />1. a new installation of buildings, sings, streetlights, or other structures.
<br />2. a new subdivision of land; or
<br />3. a new development containing new commercial or industrial buildings.
<br />4. Undergrounding of Permanent, Relocated or Reconstructed Facilities. A permanent replacement,
<br />relocation, or reconstruction of a facility of more than 300 feet must be located, and maintained
<br />underground, with due regard for seasonal working conditions. For purposes of this section, reconstruction
<br />means any substantial repair of or any improvement to existing facilities. Undergrounding is required
<br />whether a replacement, relocation or reconstruction is initiated by the right-of-way user owning or
<br />operating the facilities, or by the City in connection with (1) the present or future use by the City or other
<br />local government unit of the right-of-way for a public project, (2) the public health or safety, or (3) the
<br />safety and convenience of travel over the right-of-way.
<br />5. Corridors. The City may assign specific corridors within the right-of-way, or any particular segment
<br />thereof as may be necessary, for each type of facilities that is or, pursuant to current technology, the City
<br />expects will someday be located within the right-of-way. All excavation, obstruction, or other permits
<br />issued by the City involving the installation or replacement of facilities shall designate the proper corridor
<br />for the facilities at issue. Any registrant who has facilities in the right-of-way in a position at variance with
<br />the corridors established by the city shall, no later than at the time of the next reconstruction or excavation
<br />of the area where the facilities are located, move the facilities to the assigned position within the right-of-
<br />way, unless this requirement is waived by the city for good cause shown, upon consideration of such factors
<br />as the remaining economic life of the facilities, public safety, customer service needs, and hardship to the
<br />registrant.
<br />6. Limitation of Space. The City Engineer shall, to the extent possible, accommodate all existing and
<br />potential users of the right-of-way. In doing so, the Administrator shall be guided by consideration of the
<br />public interest, including the public's needs for the particular utility service, the condition of the right-of-
<br />way, the time of year with respect to essential utilities, the protection of existing facilities in the right-of-
<br />way, and future City plans for public improvements and development projects.
<br />7. Nuisance. One year after the passage of this Ordinance, any facilities found in a right-of-way that have not
<br />been registered shall be deemed to be a nuisance. The city may exercise any remedies or rights it has at law
<br />or in equity, including, but not limited to, abating the nuisance, or taking possession of the facilities and
<br />restoring the right-of-way to a useable condition.
<br />Section 20. Retirement of Overhead Facilities. The City Council may determine whether it is in the public interest
<br />that all facilities within the city, or within certain districts designated by the city, be permanently placed and
<br />maintained underground by a date certain or target date, independently of undergrounding required pursuant to
<br />Section 19 of this Ordinance. The decision to underground existing facilities must be preceded by a public hearing,
<br />after notice published for two (2) consecutive weeks and written notice mailed to the utilities affected at least 30
<br />days prior to the hearing. At the hearing, the City Council must consider, at a maximum, all of the issues stated in
<br />17.2 below and make findings. Undergrounding of existing facilities may not take place until the City Council has,
<br />after hearing and notice, adopted a plan in accordance with 20.3 below.
<br />1. Public Hearings. A hearing must be open to the public and may be continued from time to time. At each
<br />hearing, any person interested must be given an opportunity to be heard. The subject of the public hearings
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