(A) Undergrounding. Unless otherwise permitted by an existing franchise or M.S. § 216B.34, as it may be amended from time to time, or unless existing above-ground equipment is repaired or replaced, new construction and the installation of new equipment and replacement of old equipment shall be done underground or contained within buildings or other structures in conformity with applicable codes.
(B) Corridors.
(1) The Public Works Department may assign specific corridors within the right-of-way, or any particular segment thereof as may be necessary, for each type of equipment that is or, pursuant to current technology, the city expects will someday be located within the right-of-way.
(2) All excavation, obstruction or other permits issued by the Council involving the installation or replacement of equipment shall designate the proper corridor for the equipment at issue.
(3) Any registrant whose equipment is in the right-of-way in a position at variance with the corridors established by the Public Works Department shall, no later than at the time of the next reconstruction or excavation of the area where its equipment is located, move that equipment to its assigned position within the right-of-way, unless this requirement is waived by the Public Works Department for good cause shown, upon consideration of factors as the remaining economic life of the facilities, public safety, customer service needs and hardship to the registrant.
(C) Nuisance.
(1) One year after the passage of this chapter, any equipment found in a right-of-way that has not been registered shall be deemed to be a nuisance.
(2) 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.
(D) Limitation of space.
(1) To protect health and safety, the Council shall have the power to prohibit or limit the placement of new or additional equipment within the right-of-way if there is insufficient space to accommodate all of the requests of registrants or persons to occupy and use the right-of-way.
(2) In making decisions, the Council 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 equipment 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.
(Ord. –, § 301.23, passed 9-2-1997)