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RESOLUTION NO. 8415 <br /> CITY OF MOUNDS VIEW <br /> COUNTY OF RAMSEY <br /> STATE OF MINNESOTA <br /> RESOLUTION APPROVING AN EXEMPTION TO CENTURYLINK TO <br /> AERIALLY DEPLOY FIBER OPTIC FACILITIES IN THE CITY OF MOUNDS VIEW <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 /> 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 /> 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 /> 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 /> 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 in areas where no other aerial utilities are present. <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 /> Adopted this 8th day of June, 2015. <br /> e Flah <br /> ATTEST: <br /> James Ericson, City Administrator <br /> (seal) <br />