08-13-1997 Council Agenda - Laserfiche WebLink

Home Browse Search

Subd. 2. Information regarding Equipment of Telecommunications Right -of -Way Users constructed or located prior to May 10, 1997, need only be supplied in the form maintained, however, all Telecommunications Right -of -Way Users must submit some type of documentary evidence regarding the location of Equipment within the Rights -of -Way of the City. Subd. 3. At the request of any Registrant, any information requested by the City, which qualifies as a "trade- secret" under Minn. Stat. § 13.37(b) shall be treated as trade secret information as detailed therein. With respect to the provision of Mapping Data, the City may consider unique circumstances from time to time required to obtain Mapping Data. Sec. 1.25. Location of Equipment. Subd. 1. Undergrounding. Unless otherwise permitted by an existing franchise or Minnesota Statute 216B.34, or unless existing abcve - ground Equipment is repaired or replaced, or unless infeasible such as in the provision of electric service at certain voltages, new construction, the installation of new Equipment, and the replacement of old Equipment shall be done underground or contained within buildings or other structures in conformity with applicable codes unless otherwise agreed to by the City in writing, and such agreement is reflected in applicable Permits.' Subd. 2. Corridors. The City may assign specific corridors within the Right -of -Way, or any particular segment thereof as may be necessary, for each type of Equipment that is or, pursuant to current technology, the City expects will someday be located within the Right -of- Way. Excavation, Obstruction, or other Permits issued by the City involving the installation or replacement of Equipment may designate the proper corridor for the Equipment at issue and such Equipment must be located accordingly. Any Registrant whose Equipment is located prior to enactment of this Chapter in the Right -of -Way in a position at variance with the corridors established by the City shall, no later than at the time of the next reconstruction or Excavation of the area where its Equipment is located, move that Equipment to its assigned position within the Right -of -Way, unless this requirement is waived by the City for good cause shown, upon consideration of such factors as the remaining economic life of the facilities, public safety, customer service needs and hardship to the Registrant. Subd. 3. Nuisance. One year after the passage of this ordinance, any Equipment found in a Right -of -Way that has not been registered shall be deemed to be a nuisance. The City may ' This Subsection is optional and could be applied only within certain specified districts of the City, i.e., the Business District, or may be omitted entirely if undergrounding is not a priority objective of the community. Note that the City may specifically agree to exempt Equipment from this requirement. Page 121