§ 47-268. When authorized.

(a)

A facility shall not be abandoned unless:

(1)

The utility official first proposes such abandonment; and

(2)

The facility is determined by the utility official to be surplus or is determined by a hearing examiner and the city council to be seriously substandard.

(b)

A facility is surplus if no customer receives utility service directly from the facility.

(c)

A facility is seriously substandard if:

(1)

Because of age, wear or defects in materials or workmanship, the facility is subject to excessive leaks or sudden failure, or both;

(2)

The facility lacks sufficient capacity to provide adequate service meeting general city standards for similarly situated facilities;

(3)

The location of the facility aggravates problems of contamination of the facility or of adjacent areas; or

(4)

The location of the facility prevents or hinders access for repairs, replacements or maintenance.

(Code 1968, § 49-603; Ord. No. 81-494, § 1, 3-17-81; Ord. No. 90-635, § 153, 5-23-90)