7.22 - Location and Relocation of Equipment § 7.22
Section 7.22: Location and Relocation of
Equipment
Subdivision 1. Undergrounding
Unless otherwise agreed in a franchise between the applicable right-of-way user
and the City, Facilities in the right-of-way must be located or relocated and
maintained underground in accordance with this Chapter
Subdivision 2. Corridors
The City may assign specific areas within the right-of-way, or any particular
segment thereof as may be necessary, for each type of facilities or equipment that
is or, pursuant to current technology, the City expects will someday be located
within the right-of-way. All excavation, obstruction, or other permits issued by the
City involving the installation or replacement of equipment shall designate the
proper corridor for the equipment at issue.
Any registrant who has facilities in the right-of-way in a position at variance with
the corridors established by the City shall, no later than at the time of the next
reconstruction or excavation of the area where its facilities are located, move those
facilities to their assigned position within the right-of-way, unless this requirement
is waived by the City for good cause shown, upon consideration of such factors as
the remaining economic life of the facilities, public safety, customer service needs
and hardship to the registrant.
Subdivision 3. Nuisance
One year after the passage of this Chapter, any facilities found in a right-of-way
that have not been registered shall be deemed to be a nuisance. The City may
exercise any remedies or rights it has at law or in equity, including, but not limited
to, abating the nuisance or taking possession of the equipment and restoring the
right-of-way to a useable condition.
Subdivision 4. Limitation of Space
To protect health and safety and welfare of the public or when necessary to protect
the right-of-way and its current use, the City Manager or his/her designee shall
have the power to prohibit or limit the placement of new or additional facilities
within the right-of-way. In making such decisions, the City shall strive to the extent
possible to accommodate all existing and potential users of the right-of-way, but
shall be guided primarily by considerations of the public interest, the public's needs
for the particular utility service, the condition of the right-of-way, the time of year
with respect to essential utilities, the protection of existing facilities in the right-of-
way, and future City plans for public improvements and development projects
which have been determined to be in the public interest.
Source: Ordinance No. 239, 2nd Series
Effective Date: 3-15-01
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