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2010 01-19 CCP
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2010 01-19 CCP
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ADM 00500
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ADM 00500
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PERMANENT
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SECTION 17. 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, be <br />permanently placed and maintained underground by a date certain or target date, independently of <br />undergrounding required pursuant to Section 16 of this Ordinance. The decision to underground existing <br />facilities must be preceded by a public hearing, after notice published for two consecutive weeks and <br />written notice mailed to the utilities affected at least 30 days prior to the hearing. At the hearing the City <br />Council must consider, at a minimum, all of the issues stated in 17.2 below and make findings. <br />Undergrounding of existing facilities may not take place until the City Council has, after hearing and <br />notice, adopted a plan in accordance with 17.3 below. <br />17.1. 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 under Section 16 of this Ordinance. <br />17.2. Public Hearing Issues. The issues to be addressed at the public hearings include but are <br />not limited to: <br />(a) The costs and benefits to the public of requiring the undergrounding of all facilities <br />in the right-of-way. <br />(b) The feasibility and cost of undergrounding all facilities by a date certain as <br />determined by the City and the affected utilities. <br />(c) The tariff requirements, procedure and rate design for recovery or intended recovery <br />of incremental costs for undergrounding by the utilities from ratepayers within the City. <br />(d) Alternative financing options available if the City deems it in the public interest to <br />require undergrounding by a date certain and deems it appropriate to participate in the <br />cost otherwise borne by the ratepayers. <br />Upon completion of the hearing or hearings, the City Council must make written findings on <br />whether it is in the public interest to establish a plan under which all facilities will be <br />underground, either Citywide or within districts designated by the City. <br />17.3. Undergrounding Plan. If the City finds that it is in the public interest to underground all <br />or substantially all facilities in the public right of way, the City must establish a plan for such <br />undergrounding. The plan for undergrounding must include at least the following elements: <br />(a) Timetable for the undergrounding. <br />(b) Designation of districts for the undergrounding unless, undergrounding plan is <br />Citywide <br />(c) Exceptions to the undergrounding requirement and procedure for establishing such <br />exceptions. <br />(d) Procedures for the undergrounding process, including but not limited to coordination <br />with City projects and provisions to ensure compliance with nondiscrimination <br />requirements under the law. <br />
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