The URL can be used to link to this page

Home My WebLink About0065 ".1 VILLAGE OF LAICEVILLE ORDINA:dCE id0. AN ORDINANCE FOR THE INSTALLATIOPd OF UNDERGROUND .UTILITIES IPd THE VILLAGE OF LAKEVILLE, DAKOTA COUNTY, ?4IPdDTRSOTA The Village Council of the Village of Lakeville ordains as follows: Section 1. Underground Installation of Electric and Telephone Lines in I1ew Developments. All permanent electric and telephone lines, excluding main feeder lines and high voltage elec- tric transmission lines in excess of 15 kilovolts. capacity, and all other communication circuits and services as defined in the National Electric Code shall be placed underground when installed in the fol- lowing areas or when installed for the following types of customers: (a) In all new residential subdivisions or plats containing six (6) or more dwelling units; (b) To all new multiple dwellings of four (4) or more family units; (c) To all new commercial or industrial developments. All owners, platters, or developers of the types of develop- meats listed above are responsible for complying with the requirements. of this section and, prior to the final approval of any plat. or develop- . meat plan, shall submit to the Planning Commissiott-written instruments from the appropriate utility companies showing that all necessary arrangements with said companies for underground installation of such utilities have been made. Section 2. Repair and `4aintenance.of Existing Overhead Installations. Nothing in this ordinance shall be construed to pre- vent the .repair, maintenance, reconstruction, replacement or modifi- cation of existing overhead utility dines. Section 3. Underground Installation of Electric and Telephone Lines in Existing Developments. The Village Council .may by resolution, upon receiving a petition signed by a majority of the owners of-real :property to be benefited, designate any area of the Village as an Underground Utility District, and caithin such a dis- trict all lines and circuits designated in Section 1 shall be re- quired thereby to be placed underground within a period of time set by the Council.. The Council shall also set the time within which affected property owners must. be ready to receive underground service. The cost of such underground installation may be assessed by the Village against benefiting properties as a public improvement following a public hearing and in .full accordance with the provisions of this code. In determining the cost of said installation the applicable utility companies shall be entitled to amounts sufficient to repay them for the following as computed and reflected by the exis- ting regulations and procedures of the Federal Power Commission and the Federal Communications Commission: (a) The original cost less depreciation taken of the existing overhead electric and telephone facilities to be removed; (b) The estimated cost of removing such overhead .electric and telephone facilities less the salvage value of the facilities removed; (c) The cost difference between the estimated cost of constructing new overhead facilities and the cost of constructing the underground facilities, less the cost of the betterment; and (d) The cost of obtaining new easements when technical considerations make it reasonably nec- essary to utilize easements for the underground facilities different from those used for the overhead facilities. Pdo assessment levied under this; ordinance shall be declared void nor shall any such assessment or part thereof be set aside in consequence of any error or irregularity permitted or appearing in any of the proceedings under this ordinance or any other pro- vision of this Code. -2- It shall be the .responsibility of any utility customer within an Underground Utility District to sustain the expense of rewiring in order to accept an underground service which was provided pursuant to this ordinance for that portion of the service which is usually and customarily the responsibility of the customer. If underground installation. in an Underground Utility District is not. to be assessed, the Village shall provide for such installation by direct agreement with the applicable utility companies. Section 4. Exceptions. The requirements of this ordin- ance shall apply unless the Village Council specifically shall find, after study and recommendation by the Planning Commission, that: (a) The placing of utilities underground would not be compatible with the planned, existing or surrounding development; (b) The additional cost of undergroundinq such util- ities would create an undue financial hardship; or (c) Topographical, soil, or any other conditions make the underground installation unreasonable or impractical, Section 5. Penalties. Any person or firm violating any. provision of this ordinance or any official action taken under the authority of this ordinance shall be guilty of a misdemeanor and shall be subject to the applicable penalties therefor. Section 6. Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section 7. Effective Date. This ordinance shall be in full force and effect upon its passage and publication according to law. Adopted by the Village Council of the Village of Lakeville this 17th day of September 1973, Pala ^A-~tyty~-/e s t l"ierk -3- dd►*nn a tlfdAit ? of MINNESOTA, VILLAGE OF LAKEVILLE ss. ORDINANCE NO. 65 ty of Dakota AN ORDINANCE FOR THE INSTALLATION , F. Eakin, being duly sworn, on oath says he is and during all times OF UNDERGROUND UTILITIES IN THE ated has been the publisher andinter of the newspaper known as THE VILLAGE OF LAKEVILLE, DAKOTA COUNTY JLE TIMES and has full knowled a of the facts herein stated as follows: MINNESOTA g The Village Council of the Village of newspaper is printed in the English language in newspaper format and Lakeville ordains as follows: nn and sheet form equivalent in printed space to at least 900 square Section 1. Underground Installation of (2) Said newspaper is a weekly and is distributed at least once each Electric and Telephone Lines in New De- 3) Said newspaper has 50% of its news columns devoted to news of local velopments. All permanent electric and to the community which is purports to serve and does not wholly dupli- telephone lines, excluding main feeder y other publication and is not made up entirely of patents, plate matter lines and high voltage electric transmis- rertisements. (4) Said newspaper is circulated in and near the munici- sion lines in excess of 15 kilovolts capacityWhich it purports to serve, has at least 240 copies regulary delivered and all other communication circuits and ing subscribers, has an average of at least 75% of its total circulation services as defined in the National Elec- tly paid or no more than three months in arrears and has entry as second tric Code shall be placed underground matter in its localpost-office. (5)Said newspaper when installed in the following areas or purports to serve when installed for the following types of illage of Lakeville in the County of Dakota and it has its known office ne in the City of Lakeville in said county, established and open during customers: ular business hours for the (a) In all new residential subdivisions 3 gathering of news, sale of advertisements and or plats containing six (6) or more dwel- >f subscriptions and maintained by the publisher or persons in his employ ling units; ubject to his direction and control during all such regular business hours (b) To all new multiple dwellings of .t which said newspaper is printed. (6) Said newspaper files a copy of issue immediately with the State Historical Society. (7) Said news - four (4) or more family units; (c) To all new commercial or indus- has complied with all the foregoing conditions for at least two years trial developments. ding the day or dates of publication mentioned below. (8) Said news - All owners, platters, or developers of has filed with the Secretary of State of Minnesota prior to January 1, the types of developments listed above and each January 1 thereafter an affidavit in the form prescribed by are responsible for complying with the •cretary of State and signed by publisher of said newspaper and sworn requirements of this section and, prior ore a notary public stating that the newspaper is a legal newspaper. to the final approval of any plat or de- id newspaper was on May 20, 1965 qualified as a medium of official velopment plan, shall submit to the Plan -gal publication and has continually thereafter met the foregoing ning Commission written instruments ions. from the appropriate utility companies anE: 3ckuy”and recommendation e further states on cath that the printed by the Planning Commission, that: (a) The placing of utilities under- , hereto attached as a part hereof was cut from the columns of ground would not be compatible with wspaper, and was printed andpu 1blished therein in the English Ian - the planned, existing or surrounding : once each week development; ( ),� or )successive weeks that was first (b) The additional cost of undergroun- ished on Wednesday the r=2,1 day of ( 19 23 ding such utilities would create an un- ti due financial hardship; or (c) Topographical, soil, or any other day of , 19 and that conditions make the underground in- stallation unreasonable or impractical. I -eafter printed and published on every Wednesday to and Section 5. Penalties. Any person or firm violating any provision of this or- ig the day of 19 and that dinance or any official action taken wing is a printed copy of the lower case alphabet from A to Z, under the authority of this ordinance lusive, and is hereby acknowledged as being the size and kind shall be guilty of a misdemeanor and ised in the composition and publication of said notice, to -wit: shall be subject to the applicable pen- [[[ alties therefor. abcdefghijklmnopgrstuvwxyz Section 6. Severability. If any sec- tion, subsection, sentence, clause or phrase of this ordinance is for any rea- son held invalid, such decision shall not affect the validity of the remain- ing portions of this ordinance. Section 7. Effective Date. This or- > r' v dinance shall be in full force and ef- - d and sworn to before me this day of � Zr , 19 fect upon its passage and publication according to law. / Adopted by the Village Council of the I Village of Lakeville this 17th day of Sep- tem'ber , 1973. Robert Jensen Mayor My commission expires "Notary Public, Dakota County, Minn. Attest: Marceline Hemstrom 7otarial Seal) F Clerk C::" Ex,, 9-26-73 Notary Pubi