[Ord. No. 3149, 11-15-2022]
A. This Chapter shall be construed in a manner consistent with all applicable
Federal, State, and local laws. Notwithstanding any other provisions
of this Chapter to the contrary, the construction, operation and maintenance
of the ROW-user's facilities shall be in accordance with all
laws and regulations of the United States, the State and any political
subdivision thereof, or any administrative agency thereof, having
jurisdiction.
B. In addition, the ROW-user shall meet or exceed the most stringent
technical standards set by regulatory bodies, including the City,
now or hereafter having jurisdiction.
C. The ROW-user's rights are subject to the police powers of the
City to adopt and enforce ordinances necessary to the health, safety,
and welfare of the public. The ROW-user shall comply with all applicable
laws and ordinances enacted pursuant to that power.
D. Failure of the ROW-user to comply with any applicable law or regulation
may result in a forfeiture of any permit, registration or authorization
granted in accordance with this Chapter.
[Ord. No. 3149, 11-15-2022]
The City's failure to enforce or remedy any non-compliance
of the terms and conditions of this Chapter or of any right-of-way
permit or temporary traffic control permit granted hereunder shall
not constitute a waiver of the City's rights nor a waiver of
any person's obligation as herein provided.
[Ord. No. 3149, 11-15-2022]
A. In addition to any rights specifically reserved to the City by this
Chapter, the City reserves unto itself every right and power which
is required to be reserved by a provision of any ordinance under any
registration, permit or other authorization granted under this Chapter.
B. The City shall have the right to waive any provision of this Chapter
or any registration, permit or other authorization granted thereunder,
except those required by Federal or State law, if the Board of Aldermen
determines as follows:
1.
That it is in the public interest to do so; and
2.
That the enforcement of such provision will impose an undue
hardship on the person.
C. To be effective, such waiver shall be evidenced by a statement in
writing signed by a duly authorized representative of the City. Further,
the City hereby reserves to itself the right to intervene in any suit,
action or proceeding involving the provisions herein.
D. The City reserves unto itself always the right to charge for the
use of the right-of-way as permitted by valid Missouri law and only
restricted by valid and applicable law found to be applicable and
valid by a Court of last resort.
E. Notwithstanding anything to the contrary set forth herein, the provisions
of this Chapter shall not infringe upon the rights of any person pursuant
to any valid and applicable State or Federal statutes, including,
but not limited to, the right to occupy the right-of-way.
[Ord. No. 3149, 11-15-2022]
In the event of any conflict between a franchise or license
entered into following adoption of this Chapter or any of its amendments,
this Chapter shall control.
[Ord. No. 3149, 11-15-2022]
If any provision of this Chapter, or any franchise or license
issued hereunder, is held by any Federal, State or local court of
competent jurisdiction, to be invalid as conflicting with any valid
and applicable Federal or State statutes, or is ordered by a court
to be modified in any way in order to conform to the requirements
of any such law and all appellate remedies with regard to the validity
of the ordinance provisions in question are exhausted, Board of Aldermen
shall determine whether or not said section shall be considered a
separate, distinct, and independent part of this Chapter, franchise
or license, and such holding shall determine the validity and enforceability
of all other provisions thereof and any rights or privileges granted
hereunder. In the event that such law is subsequently repealed, rescinded,
amended or otherwise changed, so that the provision which had been
held invalid or modified is no longer in conflict with such law the
provision in question shall return to full force and effect and shall
again be binding on City and any ROW-user without further action of
the Board of Aldermen, provided that the City Engineer shall give
the ROW-user sixty (60) days, or a longer period of time as may be
reasonably required for an ROW-user comply with such a rejuvenated
provision, written notice of the change before requiring compliance
with such provision.