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