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Show 4.0 COSTS OF UNDERGROUND lNSTALLATlON 4.1 The cost of underground electrical connections shall be born by the individual property owner and is not intended to be born by the electrical utility company. 4.2 In the case of future realignment or replacement of the primary electrical supply system, the Town of Castle Valley and the electric utility company shall negotiate an equitable cost sharing basis if the Town of Castle Valley requires the primary power supply to be relocated underground. 4.3 The Town of Castle Valley may negotiate with the electrical utility company to have the branch primary lines installed underground. 4.4 Cost of underground installation shall not be considered a major reason for granting an exception to these requirements. 5.0 NOTICE REQUIRED SJ. The electric utility company will give the Town of Castle Valley immediate notice of any plans to make major modifications to the primary electrical supply system. such as increasing the system capacity. relocation of the primary lines. or additional demands on the system which could affect the reliability of the system. 32 Notification of such major modifications shall be given to the Castle Valley at least six months before such work shall commence, of Town unless such requirement of notice is waived by the Town Council. 6.0 ENFORCEMENT 6.1 EFFECTIVE DATE: This ordinance shall become effective upon adoption by the Town Council and upon posting on the Town bulletin board at the entrance to the Town of Castle Valley. Notice of the adoption of an ordinance requiring the underground installation of electric service shall be published in a local newspaper. The notice of adoption of this ordinance shall include instructions on how a resident may obtain a copy of this Notice of adoption of this ordinance and a copy of this ordinance. ordinance shall be conveyed to the office of the local electric utility company. . 6.2 SEVERABILITY: This ordinance and the various parts. sections and clauses are declared to be severable. If any part, section, paragraph, sentence, clause or phrase is judged to be unconstitutional or invalid, it is hereby declared that the remainder of this ordinance shall not be affected thereby. 6.3 EACH DAY A VIOLATION of this ordinance is committed or permitted to continue shall constitute a separate offence and shall be punishable as such. 6.4 VIOLATIONS OF THIS ORDINANCE shall be prosecuted as a class B misdemeanor in a court of competent jurisdiction. 6.6 RECOVERING COSTS: At the direction of the Town Council an action may be brought in the name of the Town to enjoin a violation of this ordinance, to require compliance therewith and to recover all costs of such action including court costs and reasonable fees to reimburse the Town for the services of legal counsel and other necessary expenses. PASSED BY THE TOWN COUNCIL OF THE TOWN OF CASTLE VALLEY THIS __l__DAY OF JULY, 1992. (Text complete—~Signatures deleted for copying purposes) |