§ 21.90.055. Nonconforming overhead lines in dedicated municipal parks—Fees and costs.

A.

Alignment. When a utility proposes to underground an existing overhead utility distribution line located in a dedicated municipal park, and the overhead and underground alignment are identical, no fee shall be assessed to the utility for the value of the easement.

B.

Administrative variances. The director of the project management and engineering department may, upon request by a utility:

1.

Grant an administrative variance from section 21.90.055A., up to five feet on either side of the existing overhead easement center line, to adjust the underground alignment.

2.

An adjustment exceeding five feet on either side of the existing overhead easement center line shall require a new easement, including assessment of a fee for the value of the easement and administrative costs.

C.

The utility shall remain solely responsible for municipal administrative fees and costs associated with the relocation, including but not limited to, a managing department application fee, and document research, review and preparation.

D.

The disposal procedures for interests in municipal land, set out in chapter 25.30, and the variance procedure, set out in section 21.90.030, shall not apply to this section.

(AO No. 2006-151, § 1, 11-14-06)