Utility facilities existing within the town as of the date of the adoption of this
ordinance pursuant to franchise, license, or agreement with the town shall be required
to be placed underground upon expiration of the franchise, license or agreement with
the town, or in the event of relocation, refurbishment, upgrading, reconstruction,
or restoration of the utility company's facilities or a substantial portion of the
facilities, as defined in section 18-51 above, whichever occurs sooner. Above-ground utility facilities existing as of the
date of the adoption of this article pursuant to a franchise, license or agreement
with the town may be placed underground before expiration of the franchise, license
or agreement with the town, subject to negotiation and agreement with the town and
the utility, or if and to the extent applicable, pursuant to applicable rules of the
Florida Public Service Commission and pursuant to applicable tariffs of a public utility,
as that term is defined in F.S. § 366.02(1), where such tariffs are fully subject
to the regulatory jurisdiction of the Florida Public Service Commission over the rates,
terms, and conditions of such tariffs.
(Ord. No. 247-158-113, § 1, 12-13-10)
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