[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:
- ABANDONED EQUIPMENT OR FACILITIES
- Any equipment, materials, apparatuses, devices or facilities that are:
- 1. Declared abandoned by the owner of such equipment or facilities; or
- 2. 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.
- ADJOINING PROPERTY OWNER
- 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.
- BOARD OF ALDERMEN
- 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.
- CITY INSPECTOR
- 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:
- 1. 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;
- 2. 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
- 3. 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.
- EXCAVATE, EXCAVATING OR EXCAVATION
- 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:
- 1. Any de minimis displacement or movement of ground caused by pedestrian or vehicular traffic;
- 2. The replacement of utility poles and related equipment at the existing general location that does not involve either a street or sidewalk cut; or
- 3. 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.
- FACILITY OR FACILITIES
- 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.
- FACILITY BASED SERVICE PROVIDER
- A service provider owning or possessing facilities in the right-of-way.
- Federal Communications Commission.
- GOVERNMENTAL ENTITY
- 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.
- MISSOURI ONE CALL
- 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.
- PUBLIC IMPROVEMENT
- 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.
- PUBLIC LANDS
- Any real property of the City that is not a right-of-way.
- RESELLER SERVICE PROVIDER
- 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:
- 1. The airwaves above a public right-of-way with regard to cellular or other non-wire telecommunications or broadcast service;
- 2. Easements obtained exclusively by utilities or private easements in platted subdivisions or tracts;
- 3. Railroad rights-of-way and real property utilized or acquired for railroad facilities; or
- 4. 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.
- RIGHT-OF-WAY PERMIT
- The authorization to work, excavate or locate facilities in the right-of-way.
- ROUTINE SERVICE OPERATION
- Excavation or work that makes no material change to the facilities and does not disrupt traffic.
- ROW USER
- 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.
- SERVICE PROVIDER
- 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.
- WORK OR WORKING
- 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]
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:
Manage the right-of-way to allow efficient location of facilities and maximize services to the citizens of the City.
Allow for the maximum utilization of the City's right-of-way to meet the increasing demands due to technological innovations.
Maintain a competitively neutral policy to ROW users and allow the citizens of the City to receive the benefits of market competition.
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.
Encourage responsible construction and maintenance practices in the City right-of-way.
Ensure proper restoration of the City right-of-way pursuant to construction and maintenance of right-of-way facilities.
Minimize the physical disruption of the right-of-way and maintain the aesthetic quality throughout the City.
Protect the health, safety and welfare of the citizens of the City.