[Ord. No. 3149, 11-15-2022]
A. 
All existing ROW-users must register within thirty (30) days of the effective date of this Chapter.
B. 
Any person who is not an ROW-user prior to the effective date of this Chapter and who wishes to become an ROW-user must first register with the City before commencing any use of the right-of-way.
C. 
No ROW-user shall be authorized to use the right-of-way in any capacity or manner without registering with the City and obtaining any necessary license, right-of-way permit or temporary traffic control permit from the City Engineer.
D. 
The ROW-user shall be responsible for all costs incurred by the City due to the failure to provide any information to the City required for registration, including all costs of enforcement to obtain such information which includes, but is not limited to, attorney's fees.
E. 
No ROW-user may attach to a City-owned facility, structure or use equipment housing facilities without an attachment agreement approved by Board of Aldermen. An attachment agreement approved by Board of Aldermen may be used for all attachments within the City on City-owned property provided the terms and conditions apply to all locations individually, including any charge for use of the property to which the ROW-user is attaching.
F. 
Any ROW-user who has failed to register prior to the passage of this Section and who continues to fail to register in accordance with Subsection (A) of this Section after passage shall be deemed in non-compliance of this Chapter and may be subjected to a requirement for posting higher security in the form of bonds or insurance as well as any other remedy available to City, including ouster.
G. 
The City reserves the right to grant at any time such additional agreements, permits or other rights to use the right-of-way for any purpose and to any other person, including itself, as it deems appropriate, subject to all valid and applicable laws. The granting of a permit shall in no manner create a property interest in any ROW or public lands. All agreements to use the ROW shall be deemed to incorporate the terms and conditions of this Chapter.
H. 
Unless otherwise provided, use or installation of any utility facilities or other structure in or over non-right-of-way public property or public lands shall be permitted without a lease agreement or separate written agreement that is negotiated and approved by the Board of Aldermen and on such reasonable terms, including compensation, as the City may require.
[Ord. No. 3149, 11-15-2022]
An ROW-user shall report any changes in its registration within sixty (60) days of the change or upon application for a right-of-way permit or temporary traffic control permit, whichever occurs first. Failure to report any change shall be a violation of this Chapter.
[Ord. No. 3149, 11-15-2022]
A. 
The valid registration shall be on the form provided by the City and at a minimum shall include the following:
1. 
Identity and legal status of the ROW-user.
2. 
Name, address, telephone number, fax number and email address of each officer, agent, or employee responsible for the accuracy of the registration statement. Each officer, agent or employee shall be familiar with the local facilities of the ROW-user, shall be the person(s) to whom notices shall be sent, and shall be responsible for facilitating all necessary communications.
3. 
Name, address, telephone number, fax number and email address of the local representative of the ROW-user who shall be available at all times to act on behalf of the ROW-user in the event of an emergency.
4. 
Proof of any necessary permit, license, business license, certification, grant, registration, franchise agreement or any other authorization required by any appropriate governmental entity, including, but not limited to, the FCC or the Commission.
5. 
Description of the ROW-user's intended or proposed use of the right-of-way.
6. 
Information which identifies reseller service providers as provided hereinafter.
7. 
A list of authorized agents, contractors or subcontractors eligible to obtain permits on behalf of the ROW-user. A registration may be updated to add such person at the time of permit application if the updated registration is submitted by an authorized representative of the ROW-user.
8. 
Information sufficient to determine the amount of net assets of the ROW-user.
9. 
Proposed means of security to be provided to the City which is consistent with, or functionally equivalent to, the same type of security provided by law or by similar development owners within the State of Missouri and the City of Parkville which may include a bond, cash deposit or a deed granting the City rights to property on which the City may execute for payment of any costs to abate any nuisance or pay for costs to remove infrastructure or restore the right-of-way to the same pre-use condition.
10. 
Proof of permission to use any structure in the right-of-way not owned by the applicant, including an attachment agreement setting out the terms and conditions of use.
11. 
Documentation to the satisfaction of the City Engineer that applicable Design Standards for the right-of-way installation use and maintenance of all structures, facilities and equipment will be met or for those users not the applicant, shall not be interfered with. If City-owned structures are to be replaced that the City's preferred vendor, specifications and Design Standards are being met and no City use, current or planned, will be interfered with.
12. 
Proof through engineering studies or similar professionally prepared and sealed document indicating that whatever structure or facility an ROW-user intends to use is sufficient structurally and will support what is to be attached under whatever circumstances identified by the City Engineer related to structural integrity such as wind and ice loading.
13. 
Proof to the satisfaction of the City Engineer that the ROW-user (or its tenant) is authorized to provide the service the excavation, structure, facility or equipment or has a tenant that is authorized to do so.
14. 
Proof to the satisfaction of the City Engineer and Community Development Director that use of the ROW is consistent and in compliance with the zoning regulations applicable to the ROW and the abutting property.
15. 
Information sufficient to the satisfaction of the City Attorney to determine if the ROW-user is subject under applicable law to franchising, service regulation, payment of compensation for the use of the ROW, taxation or other requirements of the City.
[Ord. No. 3149, 11-15-2022]
Except as provided in this Chapter, or as otherwise required by law, no registration may be transferred without the written consent of the City. Any person not named on a valid registration, including any affiliates or successors in interest to a registered ROW-user, must register in accordance with this Chapter or receive written authorization to transfer the registration. Written authorization to transfer a registration shall be granted according to the same standards for a registration. The City shall not unreasonably withhold its consent to transfer as provided herein. In the event the City shall grant consent to a transfer, the transferee shall be subject to the terms and conditions of this Chapter.