05/05/2008 Council Packet - Laserfiche WebLink

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(b) a new subdivision of land; or (c) a new development or industrial park containing new commercial or industrial buildings. Undergrounding of Permanent Replacement, Relocated or Reconstructed Facilities. A permanent replacement, relocation or reconstruction of a facility of more than 300 feet must be located, and maintained underground, with due regard for seasonal working conditions. For purposes of this section, reconstruction means any substantial repair of or any improvement to existing facilities. Undergrounding is required whether a replacement, relocation or reconstruction is initiated by the right -of -way user owning or operating the facilities, or by the city in connection with (1) the present or future use by the city or other local government unit of the right -of -way for a public project, (2) the public health or safety, or (3) the safety and convenience of travel over the right -of -way. Retirement of Overhead Facilities. The city council may determine whether it is in the public interest that all facilities within the city, or within certain districts designated by the city, be permanently placed and maintained underground by a date certain or target date, independently of undergrounding required pursuant to sections (new Facilities) and (replacement facilities) of this code. The decision to underground must be preceded by a public hearing, after published notice and written notice to the utilities affected. (Two weeks published: 30 days written.) At the hearing the council must consider item (1) — (4) in section of this code and make findings. Undergrounding may not take place until city council has, after hearing and notice, adopted a plan containing items (1) — (6) of section of this code. Public Hearings. A hearing must be open to the public and may be continued from time to time. At each hearing any person interested must be given an opportunity to be heard. The subject of the public hearings shall be the issue of whether Facilities in the right -of -way in the city, or located within a certain district, shall all be located underground by a date certain. Hearings are not necessary for the undergrounding required under sections and of the city code. Public Hearing Issues. The issues to be addressed at the public hearings include but are not limited to: (1) The costs and benefits to the public of requiring the undergrounding of all facilities in the right -of -way. (2) The feasibility and cost of undergrounding all facilities by a date certain as determined by the city and the affected utilities. (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. 38