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t Ordinance 2010-444 <br />Underground Utilities <br />around homes and buildings where overhead feeds are connected and (3) orderly development in <br />the city. Location and relocation, installation and reinstallation of facilities in the right-of-way <br />must be made in accordance with this section. <br />Sec. 82-352. Undergounding of Facilities. <br />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 <br />applicable construction standards. This section is intended to be enforced consistently with state <br />and federal law regulating right-of-way users, specifically including but not limited to Minnesota <br />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 />Sec. 82-353. Undergounding of New Facilities. <br />A new facility or a permanent extension of facilities must be installed and maintained <br />underground when supplied to: <br />(1) Any new installation of buildings, signs, streetlights or other structures; <br />(2) Any new subdivision of land; <br />(3) Any new development or industrial park containing new commercial or industrial <br />buildings; or <br />All owners, developers, persons submitting plats to the city for approval as well as any <br />utility company serving said developments are responsible for complying with the terms and <br />provisions of this ordinance and prior to final approval of any plat, subdivision or development <br />plan shall submit to the city a written statement from the appropriate utility company (ies) <br />showing that all necessary arrangements with said companies for underground service and <br />installation have been made. To the extent practical all underground work shall be completed <br />prior to street surfacing. <br />Sec. 82-354. Undergrounding of Permanent Replacement, Relocated or Reconstructed <br />Facilities. <br />Any permanent replacement, relocation or reconstruction of a facility of more than 300 <br />feet must be located, and maintained underground, with due regard for seasonal working <br />conditions. For the purposes of this section, reconstruction means any substantial repair of or <br />any improvement to existing facilities. Undergrounding is required whether a placement, <br />relocation or reconstruction is initiated by the right-of-way user owning or operating the <br />facilities, or by the city in connection with (1) the present or future use by the city or other local <br />government unit of the right-of-way for a public project, (2) the public health or safety, or (3) the <br />safety and convenience of travel over the right-of-way. If not feasible to be placed underground, <br />the lines shall be placed whenever possible on two -legged or single -pole structures of metal or <br />wood or other structure, upon approval of the city council. <br />2 <br />