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4.10.25 Location of Equipment <br /> <br /> Subd. 1. Undergrounding. Unless otherwise permitted by an existing <br />franchise or Minnesota Statute 216B.S436, or unless existing above-ground equipment is <br />repaired or replaced, or unless infeasible such as in the provision of electric service at certain <br />voltages, new construction, the installation of new equipment, and the replacement of old <br />equipment shall be done underground or contained within buildings or other structures in <br />conformity with applicable codes unless otherwise agreed to by the City in writing, and such <br />agreement is reflected in applicable permits. <br /> <br /> Subd. 2. High Density Corridors. The City may assign specific high <br />density corridors within the fight-of-way, or any particular segment thereof as may be necessary, <br />for each type of equipment that is or, pursuant to current technology, the City expects will <br />someday be located within the fight-of-way. Excavation, obstruction, or other permits issued by <br />the City involving the installation or replacement of equipment may designate the proper high <br />density corridor for the equipment at issue and such equipment must be located accordingly. <br /> <br />Any registrant whose equipment is located prior to enactment of this Section in the fight-of-way <br />in a position at variance with the high density corridors established by the City shall, no later that <br />at the time of the next reconstruction or excavation of the area where it's equipment is located, <br />move that equipment to its assigned position within the fight-of-way, unless this requirement is <br />waived by the City for good cause shown, upon consideration of such factors as the remaining <br />economic life of the facilities, public safety, customer service needs and hardship to the <br />registrant. <br /> <br /> Subd. 3. Nuisance. One year after the passage of this ordinance, any <br />equipment found in a fight-of-way that has not been registered shall be deemed to be a nuisance. <br />The City may exercise any remedies or rights it has at law or in equity, including, but not limited <br />to, abating the nuisance or taking possession of the equipment and restoring the fight-of-way to a <br />usable condition. <br /> <br /> Subd. 4. Limitation of Space. To protect health, safety and welfare, the <br />City shall have the power to prohibit or limit the placement of new or additional equipment <br />within the right-of-way if there is insufficient space to accommodate all of the requests of <br />registrants or persons to occupy and use the fight-of-way. In making such decisions, the City <br />shall strive to the extent possible to accommodate all existing and potential users of the right-of- <br />w:,:y, but shall be guided primarily by considerations of the public interest, the public's needs for <br />the particular service, the condition of the fight-of-way, the time of year with respect to essential <br />utilities, the protection of existing equipment in the right-of-way, and future City plans for public <br />improvements and development projects which have been determined to be in the public interest. <br /> <br />4.10.26 Relocation of Equipment. The person must promptly and at its own expense, <br />with due regard for seasonal working conditions, permanently remove and relocate its equipment <br />and facilities in the right-of-way whenever the City requests such removal and relocation, and <br /> <br />22 325 <br /> <br /> <br />