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ORD 0511
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ORD 0511
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3/25/2004 9:58:38 AM
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10/20/1999 10:33:20 PM
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CITY CLERK
CITY CLERK - TYPE
ORDINANCES
DOCUMENT NO
ORD 0511
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SECTION 3. COUNCIL MAY DESIGNATE UNDERGROUND UTILITY <br />DISTRICTS BY RESOLUTION. If, after any such public hearing, the <br />Council finds that the public necessity, health, safety or wel- <br />fare requires such removal and such underground installation <br />within a designated area, the Council shall, by resolution, <br />declare such designated area an Underground Utility District and <br />order such removal and underground installation. Such resolution <br />shall include a description of the area comprising such district <br />and shall fix the time within which such removal and underground <br />installation shall be accomplished and within which affected <br />property owners must be ready to receive underground service. <br />A reasonable time shall be allowed for such removal and under- <br />ground installation, having due regard for the availability of <br />labor, materials and equipment necessary for such removal and for <br />the installation of such underground facilities as may be <br />occasioned thereby. <br /> <br /> SECTION 4. UNLAWFUL ACTS. Whenever the Council creates an <br />Underground Utility District and orders the removal of poles, <br />overhead wires and associated overhead structures therein as <br />provided in Section 3 hereof, it shall be unlawful for any person <br />or utility to erect, construct, place, keep, maintain, continue, <br />employ or operate poles, overhead wires and associated overhead <br />structures in the District after the date when said overhead <br />facilities are required to be removed by such resolution, except <br />as said overhead facilities may be required to furnish service <br />to an owner or occupant of property prior to the performance by <br />such owner or occupant of the underground work necessary for <br />such owner or occupant to continue to receive utility service as <br />provided in Section 9 hereof, and for such reasonable time <br />required to remove said facilities after said work has been per- <br />formed, and except as otherwise provided in this ordinance. <br /> <br /> SECTION 5. EXCEPTION, EMERGENCY OR UNUSUAL CIRCUMSTANCES. <br />Notwithstanding the provisions of this ordinance, overhead <br />facilities may be installed and maintained for a period, not to <br />exceed ten (10) days, without authority of the City Engineer in or <br />to provide ernergency service. The City Engineer may grant special <br />permission, on such terms as the City Engineer may deem appropriat <br />in cases of unusual circumstances, without discrimination as to <br />any person or utility, to erect, construct, install, maintain, use <br />or operate poles, overhead wires and associated overhead structure <br /> <br /> SECTION 6. OTHER EXCEPTIONS. In any resolution adopted <br />pursuant to Section 3 hereof, the City may authorize any or all <br />of the following exceptions: <br /> <br /> (a) Any municipal facilities or equipment installed <br />under the supervision and to the satisfaction of the City Engineer <br /> <br /> (b) Poles, or electroliers used exclusively for street <br />lighting. <br /> <br /> (c) Overhead wires (exclusive of supporting structures) <br />crossing any portion of a District within which overhead wires <br />have been prohibited, or connecting to buildings on the perimeter <br />of a District, when such wires originate in an area from which <br />poles, overhead wires and associated overhead structures are not <br />prohibited. <br /> <br /> (d) Poles, overhead wires and associated overhead <br />structures used for the transmission of electric energy at nominal <br />voltages in excess of 34,500 volts. <br /> <br /> <br />
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