FINAL ORDINANCE NO. 97-057 - Laserfiche WebLink

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Sec. 1415.23. Location of Facilities. Subd.l. Undererounding. Unless otherwise permitted by an existing franchise or Minn. Stat. §216B.34, or unless existing above -ground facilities are repair or replaced, new construction and the installation of new facilities and replacement of old facilities shall be done underground or contained within buildings or other structures in conformity with applicable codes. Subd.2. Corridors. The Administrator may assign specific corridors within the right-of-way, or any particular segment thereof as may be necessary, for each type of facility that is or, pursuant to current technology, the Administrator expects will someday be located within the right-of- way. All excavation, obstruction, or other permits issued by the Administrator involving the installation or replacement of facilities shall designate the proper corridor for the facilities at issue. Any registrant whose facility is in the right-of-way in a position at variance with the corridors established by the Administrator shall, no later than at the time of the next reconstruction or excavation of the area where the facility is located, move that facility to its assigned position within the right-of-way, unless this requirement is waived by the Administrator 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 Section, any facility found in a right-of-way that has not been registered shall be deemed to be a nuisance. The City may exercise any remedies or rights it has at law or in equity, including, but not limited to, abating the nuisance or taking possession of the facility and restoring the right-of-way to a useable condition. Subd.4. Limitation of Space. To protect health and safety, the Administrator shall have the power to prohibit or limit the placement of new or additional facilities within the right-of-way if there is insufficient space to accommodate all of the requests of registrants or persons to occupy and use the right-of-way. In making such decisions, the Administrator shall strive to the extent possible to accommodate all existing and potential users of the right-of-way, but shall be guided primarily by considerations of the public interest, the public's needs for the particular utility service, the condition of the right-of-way, the time of year with respect to essential utilities, the protection of existing equipment in the right-of-way, and future City plans for public improvements and development projects which have been determined to be in the public interest. Sec.1415.24. Relocation of Facilities. A Registrant must promptly and at its own expense, with due regard for seasonal working conditions, permanently remove and relocate its equipment and facilities in the right-of-way whenever the Administrator requests such removal and relocation, and shall restore the right-of-way to the same condition it was in prior to said removal or relocation. The Administrator may make such request to prevent interference by the Company's equipment or facilities with (i)a present or future City use of the right-of-way, (ii) a public improvement undertaken by the City, (iii) an economic development project in which the City has an interest or investment, (iv) when the public health, safety, and welfare require it, or (v) when necessary to prevent interference with the safety and convenience of ordinary travel over the right-of-way. Notwithstanding the foregoing, a person shall not be required to remove or relocate its equipment from any right-of- way which has been vacated in favor of a non -governmental entity unless and until the reasonable costs thereof are first paid to the person therefor. 14