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<br /> <br />RESOLUTION NO. 8415 <br /> <br />CITY OF MOUNDS VIEW <br />COUNTY OF RAMSEY <br />STATE OF MINNESOTA <br /> <br />RESOLUTION APPROVING AN EXEMPTION TO CENTURYLINK TO <br />AERIALLY DEPLOY FIBER OPTIC FACILITIES IN THE CITY OF MOUNDS VIEW <br /> <br />WHEREAS, Section 911.05 of the Mounds View City Code requires that “permanent <br />replacement, relocation or reconstruction of utilities be located and maintained underground; <br />and, <br /> <br />WHEREAS, Section 911.05 of the Code provides discretion to the City Council to allow <br />exemptions to the requirements in situations where undergrounding is not technically or <br />economically feasible; and, <br /> <br /> WHEREAS, CenturyLink asserts that it would not be economically feasible to deploy fiber <br />facilities underground while their copper facilities would remain above ground and requested <br />Council support for the exemption pursuant to Section 911.05; and, <br /> <br />WHEREAS, the City Council agrees that economic feasibility challenges would exist and <br />persist by maintaining two separate and redundant facilities in the City, one above ground and <br />the other below ground. <br />NOW, THEREFORE BE IT RESOLVED THAT the Mounds View City Council approves <br />an exemption for CenturyLink, pursuant to its authority to do so in Section 911.05 of the Mounds <br />View City Code, to allow for fiber optic facilities to be deployed aerially in the City, subject to the <br />following: <br /> <br />1. CenturyLink, its subsidiaries, contractors, or subcontractor working on the company’s <br />behalf, shall obtain Right of Way Permits from the City for each contiguous build out <br />area, shall pay the required fees and shall work in compliance with all permit and City <br />Code requirements. <br />2. This exemption shall not apply where CenturyLink’s facilities are already located <br />underground or where CenturyLink facilities do not presently exist, except where <br />CenturyLink’s facilities are located in rear yard easement areas where utility poles <br />already exist. <br />3. This exemption shall not supersede or take precedence over any subsequent lawful <br />action that would otherwise require undergrounding of utilities. <br />4. This exemption only applies to the proposed work being conducted in 2015. <br /> <br />Adopted this 8th day of June, 2015. <br /> <br /> _______________________________ <br /> Joe Flaherty, Mayor <br /> <br />ATTEST: <br /> _______________________________ <br />James Ericson, City Administrator <br /> <br />(seal)