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Ordinance 2010-444 <br />Underground Utilities <br />Sec. 82-359. Undergrounding Plan. <br />If the city council finds that it is in the public interest to underground all or substantially all <br />facilities in the public right-of-way, the council must establish a plan for such undergrounding. <br />The plan for undergrounding must include at least the following elements: <br />(1) Timetable for the undergrounding. <br />(2) Designation of districts for the undergrounding unless, undergrounding plan is <br />city wide. <br />(3) Exceptions to the undergrounding requirement and procedure for establishing <br />such exceptions. <br />(4) Procedures for the undergrounding process, including but not limited to <br />coordination with city projects and provisions to ensure compliance with <br />nondiscrimination requirements under the law. <br />(5) A financing plan for funding of the incremental costs if the city determines that it <br />will finance some of the undergrounding costs, and a determination and <br />verification of the claimed additional costs to underground incurred by the utility. <br />(6) Penalties or other remedies for failure to comply with the undergrounding. <br />SECTION 2. Severability <br />If any provision of this ordinance is found to be invalid for any reason by a court of competent <br />jurisdiction, the validity of the remaining provisions shall not be affected. <br />SECTION 3. Effective Date <br />This amendment shall take effect upon its passage and publication. <br />ADOPTED BY THE HUGO CITY COUNCIL ON APRIL 5, 2010 <br />Fran Miron, Mayor <br />ATTEST: <br />Michele Lindau, City Clerk <br />0 <br />