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to <br />users, specifically including but not limited d 2l 6B 36 land Statutes, <br />the Teiecc� tmtnunications <br />237.162, 237.163, 300.03. 222.37, 238.08dn <br />Act of 1996, Title 47. USC Section 253. <br />Undergrounding of New Facilities. A new Facility or a permanent extension of <br />Facilities must be installed and maintained underground when supplied to: <br />(a) a new installation of buildings, signs, streetlights or other stiuctures: <br />(b) a new subdivision of land: or <br />(c) a new development or industrial park containing new ; ommercial or <br />industrial buildings. <br />Undergrounding of Permanent Replacement, Rca fed o Rec a facilityof tr C�a 30li feet <br />A permanent replacement, relocation or reconstruction <br />must be located. and maintained underground. with due regard for seasonal Working <br />conditions. For purposes of this section, reconstruction means atiy substantial repair of or <br />any improvement to existing Facilities. Undcrgroutiding is required whether a <br />replacement, relocation or reconstruction is initiated by the light -of -Way user owning or <br />operating the Facilities, or by the city in connection with (1) the present of future use by <br />the city or other local government unit of the right-of-way for a public project. (2) the <br />public health or safety, or (3) the safety and convenience of travel over the: right-of-way. <br />Retirement of Overhead Facilities. The city council may determine whether it is in the <br />public interest that all Facilities within the city. underground within <br />certain <br />districts <br />certain designated <br />by <br />the city. be permanently placed and maintainpursuant sections -----(new Facilities) <br />date, independently of undergrounding required <br />and -----(replacement Facilities) of this Code. The dcciswritten notto ice to the und mutilities <br />preceded by a public hearing, after published notice and ' <br />affected. (Two weeks published: 30 days written.) At the hearing the council must <br />consider item (1) — (4) in section of has, der hearing and notde and make e e, adopted a plan <br />may not take place until city council <br />of this Code_ <br />containing items (1) — (6) of section - <br />Public Hearings. A hearing must be open to the public and may be cone inued from time <br />to time. At each hearing any person interested must be given an opportunity to be heard. <br />The subject of the public hearings shall be the <br />trict shall ali be located underground by a <br />sue of whether Facilities in the right-of- <br />way in the city, or located within a certain d s rEd under sections <br />date certain. Hearings are not necessary for the undergtounding required <br />and of the City Code - <br />Public Heariisg Issues. <br />not limited to: <br />sip-16a129 <br />MVZ1O•ta <br />The issues to be addressed at the public hearings include but are <br />M-d WEi'd 91E-1 OIEB1EE+ WYND ! A03NUM-W"i 9i:91 BB-BZ-20 <br />