[Ord. No. 3149, 11-15-2022]
A.
The ROW-user shall coordinate the placement of facilities and furnishings
in a manner that minimizes adverse impact on any public improvement,
the use of the ROW by others, including abutting landowners and travelers,
as reasonably determined by the City. Where placement is not regulated,
the facilities shall be placed with adequate clearance from such public
improvements so as not to impact or be impacted by such public improvement
as defined in the City's Design and Construction Manual and Design
Standards.
B.
All facilities and furnishings shall be located and laid so as not
to disrupt or interfere with any pipes, drains, sewers, irrigation
systems or other structures or public improvements already installed
and in compliance with the Design and Construction Manual and the
Design Standards. In addition, the ROW-user shall, in doing excavation
or work in connection with its facilities, avoid disrupting or interfering
with the lawful use of the streets, alleys, sidewalks or other public
lands of the City except as may be specifically authorized by a temporary
traffic control permit.
C.
All facilities and furnishings of the ROW-user shall be placed so
that they do not interfere with the use of right-of-way and public
lands. The City, through its City Engineer, shall have the right to
consult and review the location, design and nature of the facility
prior to installation.
D.
The ROW-user shall not interfere with the facilities, furnishings
and structures of the other ROW-users without their permission. If
and when the City requires or negotiates to have an ROW-user cease
using its existing poles and to relocate its facilities underground,
all other ROW-users using the same poles shall also relocate their
facilities underground at the same time. The cost of such relocation
shall be borne in accordance with this Chapter and the Commission
approved applicable tariff governing that ROW-user.
E.
All facilities and other appurtenances laid, constructed and maintained
by the ROW-user shall be laid, constructed and maintained in accordance
with acceptable engineering practice and in full accord with any and
all applicable engineering codes adopted or approved by the City,
the City's zoning ordinances, the City's Design and Construction
Manual, the Design Standards, applicable statutes of the State of
Missouri, and rules and regulations of the FCC, the Commission, or
any other local, State or Federal agency having jurisdiction over
the ROW-user. Height, spacing, size or other physical restrictions
contained in any other law which are more restrictive than set out
herein shall control, including the placement of vaults or other facilities
or equipment. If such other restriction is believed by the ROW-user
to have the effect of prohibiting competition or provision of services,
it shall have the right of appeal to the Board of Aldermen and the
opportunity to establish to the satisfaction of the Board of its claim
of the prohibition of competition or services.
F.
The ROW-user shall cooperate promptly and fully with the City and
take all reasonable measures necessary to provide accurate and complete
on-site information regarding the nature and location of its facilities
within the right-of-way, both underground and overhead, when requested
by the City or its authorized agent for a public improvement. Such
location and identification shall be at the sole expense of the ROW-user
without any expense to the City, its employees, agents, or authorized
contractors.
G.
Unless otherwise agreed to by the City and the ROW-user by license,
agreement or permit, the City shall not be liable for any damage to
or loss of any of the ROW-users' facilities within the right-of-way
unless the damage is the result of the sole negligence, or willful,
intentional, or malicious acts or omissions of the City.
[Ord. No. 3149, 11-15-2022]
A.
In the event that the ROW-user shall sell, lease, assign, sublet
or dispose of its facilities, or any portion thereof, that are located
in the right-of-way, or any right, title or interest in the same,
or transfer any rights granted by the City to any person either by
forced or involuntary sale, or by ordinary sale, consolidation or
otherwise, the ROW-user shall notify the City of the same. In such
case, the buyer, transferee, lessee or assignee shall be subject to
all provisions of this Chapter, including the requirement to register.
This provision shall not apply to the sale of property or equipment
in the normal course of business or to the sale or lease of facilities
to reseller ROW-users. No notice to the City shall be required for
a transfer in trust, mortgage, or other similar instrument, in whole
or in part, to secure indebtedness, or for a pro forma transfer to
a corporation, partnership, or other entity controlling, controlled
by or under common control with the ROW-user.
B.
An ROW-user may permit and has the authority to sell, sublet, or
lease any use of excess capacity and sell services for resale to any
reseller service provider providing service within the City, including
the ROW-user's subsidiary or affiliate. The reseller service
provider shall first register and obtain any necessary permit, license,
certification, grant, registration, franchise agreement or any other
authorization required by any appropriate governmental entity, including,
but not limited to, the City, the FCC or the Commission. The ROW-user
shall also provide the City, on at least a semi-annual basis, the
identity of entities with which the ROW-user has entered into an interconnection
and/or resale agreement within the City. This notice will not relieve
the reseller service provider from its own obligation to register
and obtain any necessary franchise with the City. Nothing in this
Chapter shall prevent a facility-based service provider from providing
to any reseller service provider the use of the facility based service
provider's facilities in the right-of-way as authorized by Federal
or State law.
[Ord. No. 3149, 11-15-2022]
The City Engineer may designate specific utility corridors,
throughway zones, frontage zones, or furnishing zones, by assigning
specific locations for each type of facility or furnishing that is
currently, or that the City Engineer expects will someday be, located
within the right-of-way. All right-of-way permits issued by the City
Engineer shall indicate the proper location for the ROW-user's
facilities. Specific locations shall be specified in the City's
Design and Construction Manual and/or Design Standards and can include
reservation of space for any planned or future anticipated uses of
the City, in its sole discretion.
[Ord. No. 3149, 11-15-2022]
If, in the preparation and planning of a public improvement,
the City Engineer deems it appropriate for a conduit to be constructed
by the City along, across or under the right-of-way, the City Engineer
shall contact all appropriate ROW-users for their input on the planning
and design of such conduit. If an ROW-user desires to construct, maintain
or operate facilities along such right-of-way concurrently, the City
Engineer may allow the ROW-user to use such conduit if the ROW-user
agrees to contribute to the expense of such conduit.
[Ord. No. 3149, 11-15-2022]
The ROW-user shall participate in any joint planning, construction
and advance notification of excavation or work, including coordination
and consolidation of excavation or work as required by the City Engineer.
In addition, the ROW-user shall cooperate with other ROW-users and
the City for the best, most efficient, most aesthetic, and least obtrusive
use of the right-of-way.
[Ord. No. 3149, 11-15-2022]
A.
An ROW-user shall promptly relocate or adjust any facilities or furnishings
located in the right-of-way as directed by the City for a public improvement.
The ROW-user shall promptly remove, relocate or adjust any facilities
or furnishings located in the right-of-way as directed by the City
which create a threat to public health, welfare or safety. Such removal,
relocation or adjustment shall be performed by the ROW-user at the
ROW-user's sole expense without expense to the City, its employees,
agents, or authorized contractors and shall be specifically subject
to rules, regulations and schedules of the City pertaining to such.
The ROW-user shall proceed with the removal, relocation, or adjustment
of facilities with due diligence upon notice by the City to begin
removal, relocation, or adjustment.
B.
The ROW-user shall promptly relocate or adjust any facilities located
in private easements for the construction of a public improvement
at the cost of the ROW-user if:
1.
The City has condemned the private easement or the City has
purchased from the ROW-user the portion of the private easement necessary
for the public improvement; and
2.
The City has compensated the ROW-user, through the condemnation,
purchase process, or other means of compensation, for the cost of
relocation of the ROW-user's facilities.
C.
As soon as City prepared working drawings are available for public
improvements that will require the ROW-user to relocate or adjust
its facilities or furnishings, the City shall provide the ROW-user
with written notice of required relocations or adjustments, the anticipated
bid letting date of the public improvement, and notice of the deadline
for completion of the relocations or adjustments. The ROW-user shall
respond with any conflicts and a proposed construction schedule within
thirty (30) days, subject to approval by the City Engineer.
D.
Following delivery of final design plans for such public improvements,
the ROW-user shall relocate or adjust its facilities, furnishings
and/or equipment in accordance with the schedule set by the City Engineer,
provided the project is not delayed by adverse weather conditions
and other factors beyond the control of the ROW-user. The ROW-user
shall certify to the City, in writing, that its facilities or furnishings
have been relocated or adjusted in accordance with project plans provided
by the City so as to allow the City, and its contractors, to proceed
with the public improvement.
E.
If any facilities, furnishings and/or equipment are not relocated
in accordance with this Section, the City or its contractors may relocate
the facilities. The ROW-user and its surety shall be liable to the
City for any and all costs incurred by the City in relocating said
facilities including attorneys' fees and costs of litigation
to collect such costs of relocation. The City shall not be liable
to the ROW-user for any damage to its facilities, furnishings, or
equipment or for any loss of business caused or experienced as a result
of the City or its contractors relocating facilities or equipment.
F.
In the event the ROW-user is required to move its facilities, furnishings,
and/or equipment in accordance with this Section, any ordinary right-of-way
permit fee shall be waived.
G.
It is the intent of this Section for both the City and the ROW-user
to cooperate with one another so that the need for facility, furnishings,
or equipment relocation is minimized and, when required and feasible,
relocations may be completed prior to receipt of bids by the City
for a public improvement.
[Ord. No. 3149, 11-15-2022]
A.
An ROW-user owning abandoned facilities in the right-of-way must
notify the City of its intent to abandon the facilities and must either.
1.
Remove its facilities and replace or restore any damage or disturbance
caused by the removal at its own expense. The City Engineer may allow
underground facilities, or portions thereof, to remain in place if
the City Engineer determines that it is in the best interest of public
safety to do so. At such time, the City may take ownership and responsibility
of such abandoned facilities left in place;
2.
Provide information satisfactory to the City that the ROW-user's
obligations for its facilities in the right-of-way have been lawfully
assumed by another authorized ROW-user; or
3.
Submit to the City a proposal and instruments for transferring
ownership of its facilities to the City. If the ROW-user proceeds
under this Subsection, the City may, at its option, purchase the equipment,
require the ROW-user, at its own expense, to remove it, or require
the ROW-user to post a bond in an amount sufficient to reimburse the
City for reasonable anticipated costs to be incurred to remove the
facilities, except as otherwise provided herein.
4.
Permit the City to satisfy the costs of removing such facilities, including any other structure such as a pole or equipment, and restoring the right-of-way to as good a condition as existed at the time of installation or construction of such facilities out of a security posted at the time of abandonment unless security was posted under Section 515.510.
B.
If the City discovers abandoned facilities in its right-of-way and
the owner of the abandoned facilities fails to respond within thirty
(30) days to a written notice sent by the City stating that the City
considers the facilities abandoned, or the City is unable to locate
the owner of the abandoned facilities after reasonable attempts, the
City shall deem the facilities to be abandoned, unless the City receives
confirmation that the ROW-user intends to use the facilities. Abandoned
facilities are deemed to be a nuisance. The City may exercise any
remedies or rights it has at law or in equity, including, but not
limited to,
1.
Abating the nuisance;
2.
Taking possession and ownership of the facility and restoring
it to a useable function;
3.
Requiring the removal of the facility by the ROW-user; or
4.
Removing the abandoned facilities and recovering its costs in
any manner permitted by law, including using any security posted at
the time of construction or installation or any time thereafter.
[Ord. No. 3149, 11-15-2022]
A.
If the City vacates a right-of-way which contains the facilities
of an ROW-user:
1.
The City, at its sole discretion, may reserve a utility easement
or other easements necessary in the City's name to allow the
existing facilities to remain.
2.
If the vacation requires the relocation of facilities, then:
a.
If vacation proceedings are initiated by the ROW-user, then
the ROW-user must pay the relocation costs;
b.
If vacation proceedings are initiated by the City, then the
ROW-user must pay the relocation costs unless otherwise agreed to
by the City and the ROW-user; or
c.
If vacation proceedings are initiated by a person other than
the ROW-user or the City, then such other person must pay the relocation
costs, unless otherwise agreed to.
3.
In no event does the obtaining of a right-of-way permit guarantee
the privilege of an ROW-user to remain in such location(s) approved
past the vacation of the right-of-way or change in needs of the City
for the location where facilities or equipment have been installed.
