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MINUTES <br />CITY COUNCIL <br />MAY 14, 1997 <br />Carson indicated that most cities he is familiar with do not allow the <br />installation of new overhead wires. <br />Fahey asked if the City had the legal authority to require that new wires be <br />buried. The City Attorney replied that the City probably had that <br />authority. <br />The City Administrator pointed out that right -of -way legislation is <br />pending. The Administrator did think that the City could require <br />underground installation. <br />Carson pointed out that the issue here is with a fiber, not a heavy electrical <br />line. <br />Fahey pointed out the disorganization of buried utilities within the rights - <br />of -way. Fahey also felt that overhead utilities was a part of our society <br />and indicated that they provide the services we need. <br />The Administrator estimated that about half of the proposed Brooks <br />system in the City would be buried, and the other half overhead. <br />Fahey asked if the City had a solid legal opinion on the issue of requiring <br />the burying of lines. <br />The City Attorney replied that he has not researched the issue, but felt the <br />issue of use of public rights -of -way will ultimately end up in the Supreme <br />Court. <br />Scalze pointed out that Brooks -Fiber has indicated that their fiber can be <br />buried, but it is 110% more expensive than hanging it on the existing <br />poles. <br />Pedersen pointed out that there is the issue of the next utility company that <br />comes in asking to install overhead wires to consider. Pedersen suggested <br />that one additional wire may not be a problem, but the addition of several <br />more would be. Scalze indicated that her greater fear was if Broolcs -Fiber <br />is allowed overhead installation, how would the City say no to the next <br />utility company making the same request. <br />Carson pointed out that the overhead wires in town now provide electric, <br />phone, and cable TV service to the residents of the City. Brooks -Fiber is <br />just passing through Little Canada and will not be providing a service to <br />residential property owners. Carson pointed out that since Brooks -Fiber is <br />just passing through Little Canada, they will want to do so in the least <br />expensive way they can. <br />Page 14 <br />