2010.04.05 ORD 2010-444 - Laserfiche WebLink

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Ordinance 2010-444 Underground Utilities Sec. 82-355. High Voltage Circuits and Transmission lines. All high voltage circuits and transmission lines of 25,000 volts or more which are constructed within the limits of the city must obtain approval from the city council. If not feasible to be placed underground, the lines shall be placed whenever possible on two -legged or single -pole structures of metal or wood or other structure, upon approval of the city council. Sec. 82-356. Retirement of Overhead Facilities. The city council may determine whether it is in the public interest that all facilities within the city, or within certain districts designated by the city, be permanently placed and maintained underground by a date certain or target date, independently of undergrounding required pursuant to Sec. 82-353 and Sec. 82-355 of this Code. The decision to underground must be preceded by a public hearing, after published notices and written notice to the utilities affected. (Two weeks published, 30 days written.) At the hearing the council must consider (1) - (4) in Sec. 82-358 of this Code and make findings. Undergrounding may not take place until the city council has, after hearing and notice, adopted a plan containing (1) - (6) in Sec. 82-359 of this Code. Sec. 82-357. Public Hearings. A hearing shall be open to the public and may be continued from time to time. At each hearing any person interested must be given an opportunity to be heard. The subject of the public hearings shall be the issue of whether facilities in the right-of-way in the city, or located within a certain district, shall be located underground by a date certain. Hearings are not necessary for the undergrounding required under Sec. 82-353, Sec. 82-354 and Sec. 82-355 of the City Code. Sec. 82-358. Public Hearing Issues. The issues to be addressed at the public hearings include but are not limited to: (1) The costs and benefits to the public of requiring the undergrounding of facilities in the right-of-way. (2) The feasibility and cost of undergrounding all facilities by a date certain as determined by the city and the affected utilities. (3) The tariff requirements, procedure and rate design for recovery or intended recovery of incremental costs for undergrounding by the utilities from ratepayers within the city. (4) Alternative financing options available if the city deems it in the public interest to require undergrounding by a date certain and deems it appropriate to participate in the cost otherwise borne by the ratepayers. Upon completion of the hearing or hearings, the city council must make written findings on whether it is in the public interest to establish a plan under which all facilities will be underground, either citywide or within districts designated by the city.