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2010.04.05 ORD 2010-444
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2010.04.05 ORD 2010-444
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City Council
Document Type
Ordinances
Meeting Date
4/5/2010
Meeting Type
Regular
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Ordinance 2010-444 <br />Underground Utilities <br />Sec. 82-355. High Voltage Circuits and Transmission lines. <br />All high voltage circuits and transmission lines of 25,000 volts or more which are <br />constructed within the limits of the city must obtain approval from the city council. If not <br />feasible to be placed underground, the lines shall be placed whenever possible on two -legged or <br />single -pole structures of metal or wood or other structure, upon approval of the city council. <br />Sec. 82-356. Retirement of Overhead Facilities. <br />The city council may determine whether it is in the public interest that all facilities within <br />the city, or within certain districts designated by the city, be permanently placed and maintained <br />underground by a date certain or target date, independently of undergrounding required pursuant <br />to Sec. 82-353 and Sec. 82-355 of this Code. The decision to underground must be preceded by <br />a public hearing, after published notices and written notice to the utilities affected. (Two weeks <br />published, 30 days written.) At the hearing the council must consider (1) - (4) in Sec. 82-358 of <br />this Code and make findings. Undergrounding may not take place until the city council has, after <br />hearing and notice, adopted a plan containing (1) - (6) in Sec. 82-359 of this Code. <br />Sec. 82-357. Public Hearings. <br />A hearing shall be open to the public and may be continued from time to time. At each <br />hearing any person interested must be given an opportunity to be heard. The subject of the <br />public hearings shall be the issue of whether facilities in the right-of-way in the city, or located <br />within a certain district, shall be located underground by a date certain. Hearings are not <br />necessary for the undergrounding required under Sec. 82-353, Sec. 82-354 and Sec. 82-355 of <br />the City Code. <br />Sec. 82-358. Public Hearing Issues. <br />The issues to be addressed at the public hearings include but are not limited to: <br />(1) The costs and benefits to the public of requiring the undergrounding of facilities <br />in the right-of-way. <br />(2) The feasibility and cost of undergrounding all facilities by a date certain as <br />determined by the city and the affected utilities. <br />(3) The tariff requirements, procedure and rate design for recovery or intended <br />recovery of incremental costs for undergrounding by the utilities from ratepayers <br />within the city. <br />(4) Alternative financing options available if the city deems it in the public interest to <br />require undergrounding by a date certain and deems it appropriate to participate in <br />the cost otherwise borne by the ratepayers. <br />Upon completion of the hearing or hearings, the city council must make written findings <br />on whether it is in the public interest to establish a plan under which all facilities will be <br />underground, either citywide or within districts designated by the city. <br />
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