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<br />CitY of I\IJdunclsVi~w
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<br />ORt.1NANeE NO. 635
<br />CITY OF MOUNDS VIEW
<br />. COUNTY OF RAMSEY
<br />STATE OF MINNESOTA
<br />
<br />'"). ,'. . . \ ,.....,--.
<br />AN ORDINANCE TO. ENACT A NEW CHAPTER OF THE MOUNDS VIEW CODE OF ORDINANCES TO ADMINISTER AND REG-
<br />ULATE THE LOCATION, RELOCATION, INSTALLATION AND REINSTALLATION OF FACILITIES IN THE PUBLIC RIGHT OF
<br />WAY IN THE PUBLIC INTEREST -
<br />
<br />THE COUNCIL OF MOUNDS VIEW ORDAINS:
<br />SECTION 1. Title 900 of the Mounds View Municipal-Code shall be amended"by the addition of an entirely new Chapter 911, to
<br />read as follows: .
<br />
<br />CHAPTER 911
<br />LOCATION, RELOCATION, INSTALLATION AND REINSTALLATION
<br />OF FACILITIES IN THE RIGHT-OF-WAY
<br />
<br />SECTION
<br />911.01. Purpose
<br />911.02. Definitions
<br />911.03. Undergrounding of Facilities
<br />911.04. Undergrounding of New Facilities
<br />911.05. Undergrounding of Permanent Replacement, Relocateo or Reconstructed Facilities
<br />911.06. Retirement of Overhead Facilities
<br />911.07. Public Hearings
<br />911.08. Public Hearing Issues
<br />911.09. Undergrounding Plan
<br />
<br />911.01. Purpose. The purpose of this section is to promote the health, safety anQ general welfare of the public and is intended
<br />to foster (i) safe travel over the right-of-way, (ii) non-travel related safety around homes and buildings where overhead feeds are
<br />connected and (Iii) orderly development in !he city. Location and relocation, installation and reinstallation of Facilities in the right-
<br />of-way must be made in accordance with this section.
<br />91 i .02. Definitions.. The terms used in this section have the meanings given them.
<br />Commission. "Commission" means the Minnesota Public Utilities Commission.
<br />Facility. "Facility" means tangible asset in the public right-of-way required to" provide utility service. The term does not include
<br />Facilities to the extent the location and relocation of such Facilities are preempted by Minnesota Statutes, Section 161.45, govern-
<br />ing utility facility placementih state trunk highways. Facility does not mean electric transmission lines, as distinguished from elec-
<br />tric distribution lines. '
<br />Public right-of-way. "Public right-of-way" has the meaning given it in Minnesota Statutes, section 237.162, subdivision 3. "
<br />Right-of-way user. "Right-of-way user" means (1) a telecommunications right-of-way user as defined by Minnesota Statutes,.
<br />Section 237.162, subdivision 4; or (2) a person owning or controlling a facility, in the right-of-way, thatis used or intended tobe
<br />used for providing utility service, and who has a right lln~er law, franchise or ordinance to use the public right-of-way.
<br />Utility service. "Utility service" means and includes: (1) service provided by a public utility as defined in Minnesota Statutes,
<br />Section 216B.02, subdivisions 4 and 6; (2) services of a telecommunications right-of-way user, including the transporting of voice
<br />or data inform,ation; (3) services provided by a cable communications system as defined in Minnesota Statutes, Section 238.02,
<br />subdivision 3;(4) " natural gas or electric energy or telecommunications services provided by a local government unit; (5) services.
<br />provided by a cooperative electric association organized under Minnesota Statutes, chapter 308A; and (6) water, sewer, steam,
<br />cooling or heating services.
<br />911.03. Undergrounding of Facilities. Facilities placed in the public right-of-way must be located, relocated and maintained
<br />underground pursuant to the terms and conditions of this section and in accordance with applicable construction standards. This
<br />section is intended to be enforced consistently with state and federal law regulating right-of-way users, specifically including but not
<br />limited to Minnesota Statutes, Sections 161.45., 237.162, 237.163, 300.03, 222.37, 238.084 and 216B.36 and the
<br />Telecommunications Act of 1996, Title 47, USC Section 253. ,
<br />911.04. Undergrounding of New Facilities. A new Facility or a permanent extension of Facilities must be installed and main-
<br />tained underground when supplied to:
<br />(a) a new installation of buildings, signs, streetlights or other structures;
<br />(b) a new subdivision of land; or
<br />(c) a new development or industrial park containing new commercial or industrial buildings.
<br />The city counci.1 in its discretion may deviate from the requirementSl of this sections in situationSl where undergrounding Is not
<br />technically or economically feasible. .
<br />911.05. Undergrounding of Permanent Replacement, Relocated or Reconstructed Facilities. A permanent replacement,
<br />relocation or reconstruction of a Facility of more than 300 feet must be located, and maintained underground, with due regard for
<br />seasonal working conditions. For purposes of thiSl section, reconstruction means any substantial repair of or any-improvement to
<br />existing Facilities. Undergrounding iSl required whether a replacement, relocation or reconstruction is initiated by the right-of-way
<br />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 gov-'
<br />ernment 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
<br />the right-of-way. The city council in its discretion may deviate from the requirements of this sections in situations where under-
<br />grounding is nottechnically or econQmically feasible. . . '.' ..' .... '.' . ...... . . '."
<br />911.06. Retirement of Overhead Facilities. The city councfl may determine whether it is in the publiC interesftillit":aOfilt:1IitieSl
<br />within the city, or within certain districts designated by the city, be permanently placed and maintained underground by a date cer-
<br />tain or target date, independently of undergrounding required pursuant to sections 911.04 and 911.05 of this Code. The decision to
<br />underground must be preceded by a public hearing, and must be proceeded by two weeks' published notice and not less than 30
<br />days written notice to the utilities affected. At the hearing the council must consider items (1)- (4) in section 911 ;08 ofthis Code
<br />and make findings. Undergrounding may not take place until the city council has, after hearing and notice, adopted a plan contain-
<br />ing items (1) - (6) of section 911.09 of this Code.
<br />911,07. Public Hearings. A hearing must be open to the publiC and may be conti.nued from time to time. At each hearing any'
<br />person interested must be given an opportunity to be heard. The subject of the public hearings shall be the issue of whether
<br />Facilities in the right-of-way in the 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 sections 911.04.and 911.05 of the City Code.
<br />911.08. Public Hearing Issues. The issues to be addressed at the public hearings include but are not limited to:
<br />(1) The costs and benefits to the public of requiring the undergrounding of all Facilities in the right-of-way.
<br />(2) The feasibility and cost of undergrounding all Facilities by a date certain aSl determined by the city and the affected
<br />utilities.
<br />(3) The tariff requirements, procedure and rate design for recovery or intended recovery of incremental costs for
<br />undergrounding by the utilities from ratepayers within the city.
<br />(4) Alternative financing options available if the city deems it in the public interest to require undergrounding by, a date
<br />certain and deems it appropriate to participate in the cost otherw.iseborne by the ratepayers.
<br />Upon completion of the hearing or hearings, the city council must make written findings on whether it is in the public interest to
<br />establish a plan under which all Facilities will. be underground, either citywide or within districts designated by the city:
<br />911.09. Undergrounding. Plan. If the council finds that it is in the publiC interest to underground all or substantially all Facilities
<br />in the public right of way, the council must establish a plan for such undergrounding. The plan for undergrounding must include at
<br />least the following elements:
<br />(1) Timetable for the undergrounding.
<br />(2) Designationof districts for the undergrounding unless, undergrounding plan is citywide.
<br />(3) Exceptions to the undergrounding requirement and procedure for establishing such exceptions.
<br />(4) Procedures for the undergrounding process, including but not limited to coordination with city projects and provisions to
<br />ensure compliance withoon-discriminationrequirements under the law. .' -
<br />(5) A fina'ncing plan for funding of the incremental costs if the city determines that It will finsn<Je scme af thQ~' ,
<br />costs, and a determination and verification of the claimed additional costs to underground incurred by the utility.
<br />(6) Penalties or other remedies for failure to comply with theundergrounding.
<br />
<br />SECTION 2. This ordinance takes effect 30 d1iYs after its publication.
<br />
<br />Read by the City Council of the City of Mounds View this _ day of _, 1999.
<br />
<br />Read and passed by the City Council' of the city of Mounds View this ~ day of September, 1999
<br />
<br />/s/ D~n P. Coughlin
<br />Dan Coughlin, Mayor
<br />
<br />/s/ Charles S. WhIting
<br />Charles S. Whiting, City Clerk/Administrator
<br />
<br />
<br />APPROVED AS TO FORM:
<br />Is! by Scott Riggs. Asst. City Attorney for
<br />Robert C. Long, City Attorney
<br />
<br />~-- 11, 2000) Mounds Vi.ew, New ~r.ighton, St, Anthony Focus News
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