[Ord. No. 1527 §1, 8-7-2006]
The following words, terms and phrases, when used in this Chapter,
shall have the meanings given to them in this Section, except where
context clearly indicates a different meaning:
Any equipment, materials, apparatuses, devices or facilities
that are:
Declared abandoned by the owner of such equipment or facilities;
or
No longer in active use, physically disconnected from a portion
of the operating facility or any other facility that is in use or
in service and no longer capable of being used for the same or similar
purpose for which the equipment, apparatuses or facilities were installed.
A person owning or legally occupying any land abutting a
public right-of-way.
Any person requesting permission to occupy or operate facilities
using the right-of-way or to work, excavate or locate facilities in
the right-of-way.
The Board of Aldermen of the City of Oak Grove, Missouri.
The City of Oak Grove, Missouri, a municipal corporation
and any duly authorized representative.
The City Inspector of Oak Grove, Missouri, or an authorized
representative.
The Code of Ordinances of the City of Oak Grove, Missouri.
The Missouri Public Service Commission.
Includes construct, install, erect, build, affix or otherwise
place any fixed structure or object in, on, under, through or above
the right-of-way.
Calendar day unless otherwise specified.
Includes, but is not limited to, the following:
An unexpected or unplanned outage, cut, rupture, leak or any
other failure of a ROW user facility that prevents or significantly
jeopardizes the ability of a ROW user to provide service to customers;
An unexpected or unplanned outage, cut, rupture, leak or any
other failure of a ROW user facility that results or could result
in danger to the public or a material delay or hindrance to the provision
of service to the public if the outage, cut, rupture, leak or any
other such failure of ROW user facilities is not immediately repaired,
controlled, stabilized or rectified; or
Any occurrence involving a ROW user facility that a reasonable
person could conclude under the circumstances that immediate and undelayed
action by the ROW user is necessary and warranted.
Any act by which earth, asphalt, concrete, sand, gravel,
rock or any other material in or on the ground is cut into, dug, uncovered,
removed, tunneled into, bored into, graded or otherwise displaced
by means of any tools, equipment or explosives, except that the following
shall not be deemed excavation:
Any de minimis displacement or movement of ground caused by
pedestrian or vehicular traffic;
The replacement of utility poles and related equipment at the
existing general location that does not involve either a street or
sidewalk cut; or
Any other activity which does not disturb or displace surface
conditions of the earth, asphalt, concrete, sand, gravel, rock or
any other material in or on the ground.
Lines, pipes, irrigation systems, wires, cables, conduit
facilities, poles, towers, vaults, pedestals, boxes, appliances, antennas,
transmitters, gates, meters, appurtenances or other equipment used
for or related to providing service.
A service provider owning or possessing facilities in the
right-of-way.
Federal Communications Commission.
Any County, Township, City, Town, Village, school district,
public library district, road district, drainage or levee district,
sewer district, water district, fire district or other municipal corporation,
quasi-municipal corporation or political subdivision of the State
of Missouri or of any other State of the United States and any agency
or instrumentality of the State of Missouri or of any other State
of the United States or of the United States.
The procedural requirements for excavation and utility safety
established by Sections 319.010 et seq., RSMo., as amended.
The area between a property line and the street curb or the
edge of pavement, sometimes called boulevards, tree shelves or snow
shelves.
Includes Portland cement concrete pavement, asphalt concrete
pavement, asphalt treated road surfaces and any aggregate base material.
Any natural or corporate person, business association or
business entity including, but not limited to, a corporation, a partnership,
a sole proprietorship, a political subdivision, a public or private
agency of any kind, a utility, a successor or assign of any of the
foregoing or any other legal entity.
Any project undertaken by the City or its agents, contractors
or subcontractors for the construction, reconstruction, maintenance
or repair of any public infrastructure and including, without limitation,
streets, alleys, bridges, bikeways, parkways, sidewalks, sewers, drainage
facilities, traffic control devices, street lights, public facilities,
public buildings or public lands.
Any real property of the City that is not a right-of-way.
A ROW user providing service within the City that does not
have its own facilities in the right-of-way, but instead uses the
right-of-way by interconnecting with or using the network elements
or facilities of another ROW user utilizing the right-of-way and/or
by leasing excess capacity from a facility based service provider.
The process by which an excavated right-of-way and surrounding
area, including pavement and foundation, is returned to the same condition
that existed before the commencement of the excavation or work.
Generally public property vested in the City in trust for
the citizens, in fee or easement, to which the public has a right
to access and use for the purpose intended by the dedication including,
but not limited to, the area on, below or above a public roadway,
highway, street or alleyway in which the City has an ownership interest,
but not including:
The airwaves above a public right-of-way with regard to cellular
or other non-wire telecommunications or broadcast service;
Easements obtained exclusively by utilities or private easements
in platted subdivisions or tracts;
Railroad rights-of-way and real property utilized or acquired
for railroad facilities; or
Poles, pipes, cables, conduits, wires, optical cables or other
means of transmission, collection or exchange of communications, information,
substances, data or electronic or electrical current or impulses utilized
by a utility owned or operated by a governmental entity pursuant to
Chapter 91, RSMo., or pursuant to a Charter City form of government.
The authorization to work, excavate or locate facilities
in the right-of-way.
Excavation or work that makes no material change to the facilities
and does not disrupt traffic.
A person, its successors and assigns that uses the right-of-way
for purposes of work, excavation, provision of services or to install,
construct, maintain, repair facilities, equipment or structures thereon
for which a right-of-way permit is required including, but not limited
to, landowners and service providers. A ROW user shall not include
ordinary vehicular or pedestrian traffic.
A commodity provided to a person by means of a delivery system
that is comprised of facilities located or to be located in the right-of-way
including, but not limited to, gas, telephone, cable television, Internet
services, open video systems, alarm systems, steam, electric, water,
telegraph, data transmission, petroleum pipelines, storm sewerage
or sanitary sewerage.
Any person that is a provider of a service for or without
a fee that has the requisite certifications and authorizations from
applicable governmental entities, including the FCC, to provide such
service including, but not limited to, every cable television service
provider, pipeline corporation, gas corporation, electrical corporation,
rural electric cooperative, telecommunications company, water corporation,
heating or refrigerating corporation or sewer corporation under the
jurisdiction of the Public Service Commission; every municipally owned
or operated utility pursuant to Chapter 91, RSMo., or pursuant to
a Charter City form of government or cooperatively owned or operated
utility pursuant to Chapter 394, RSMo.; every street light maintenance
district; every privately owned utility; and every other entity, regardless
of its form of organization or governance, whether for profit or not,
which in providing a public utility type of service for members of
the general public utilizes pipes, cables, conduits, wires, optical
cables, poles or other means of transmission, collection or exchange
of communications, information, substances, data or electronic or
electrical current or impulses in the collection, exchange or dissemination
of its product or services through the public rights-of-way. Service
provider includes both facility based service providers and reseller
service providers.
The pavement and subgrade of a City alley, residential, collector
or arterial roadway.
The construction, installation, repair or maintenance of
any type of facility within the right-of-way, unless an exemption
as provided in this Chapter applies to the routine maintenance of
the facility.
[Ord. No. 1527 §1, 8-7-2006]
A.Â
This
Chapter is enacted to define the authority of the City and its officers
and employees with regard to public ownership, control and management
of the right-of-way. The right-of-way is a valuable public resource
that has required and will continue to require substantial investment
by the City. In particular, this Chapter is enacted to:
1.Â
Manage the right-of-way to allow efficient location of facilities
and maximize services to the citizens of the City.
2.Â
Allow for the maximum utilization of the City's right-of-way to meet
the increasing demands due to technological innovations.
3.Â
Maintain a competitively neutral policy to ROW users and allow the
citizens of the City to receive the benefits of market competition.
4.Â
Facilitate orderly construction and maintenance of facilities in
the right-of-way, reduce damage to the facilities of ROW users and
minimize disruption of service to the citizens of the City.
5.Â
Encourage responsible construction and maintenance practices in the
City right-of-way.
6.Â
Ensure proper restoration of the City right-of-way pursuant to construction
and maintenance of right-of-way facilities.
7.Â
Minimize the physical disruption of the right-of-way and maintain
the aesthetic quality throughout the City.
8.Â
Protect the health, safety and welfare of the citizens of the City.
