No person shall make, or cause to be made, any cuts or excavations in, through or under any street, alley, sidewalk, parkway, boulevard or public place in the City, for any purpose whatsoever, without a permit therefor being first obtained from the City Clerk, as the case may be, which permit shall not be issued until the application has complied with Section 550.020. A separate permit shall be obtained for each cut or excavation to be made. Said cut or excavation shall be begun within ten (10) days from the date of the issuance of the permit therefor, and in the event of default thereof, a new permit or extension of the original permit shall be required before the cut or excavation is made.

The sum of twenty-five dollars ($25.00) shall be charged for each and every permit issued. All applications for such permits shall be signed by the person, or his/her duly authorized agent, who desires to do the work designated in said application. Said application shall not be assignable, and no person shall allow his/her name to be used to obtain a permit for any other person. The application for said permit shall designate on the map or diagram to be filed in connection with the application, the location of the proposed cut or excavation to be made in such a manner that the house number or lot number in front of which and the side of the street, alley, sidewalk, parkway, boulevard, or public place on which the same is to be made shall be plainly indicated. The map or diagram shall also show the dimensions and character of the proposed cut or excavation. The application for said permit shall set forth the type of surface through which the cut or excavation is to be made and the number of square feet of street, alley or sidewalk which must be resurfaced as a result of said excavation or cut.

The person making a cut or excavation as herein provided shall make it in the manner designated on the permit obtained for that purpose.

The person making a cut or excavation shall cause the same to be done with the least possible injury to the street, alley, sidewalk, parkway, boulevard or public place, and shall remove the paving material and excavated earth therefor in such a manner as to cause the least possible inconvenience to the public and to permit uninterrupted passage of water along the gutters. The width of the cut or excavation shall be no greater than is necessary for doing the work.

The person making a cut or excavation in, through or under any parkway shall refill the same as soon as practicable after the excavation is ready for refilling. It shall be by one (1) of the following methods:

The person making such refill shall be required to clean up and haul away all surplus earth, rock or rubbish immediately after said refill has been completed, and in the event of default thereof the City shall have the right to remove such earth, rock or rubbish and charge the cost of such removal to the person who received the permit. Such person shall not be issued another permit until said charge has been paid.

In the event of settlement due to defective refill, the City shall have the right to make whatever repairs are required to restore the excavation to a proper condition and to charge the cost thereof to the person to whom the permit was issued, and such person shall not be issued another permit until said cost has been paid.

In the event said excavation is not refilled within a reasonable time after it is ready for refilling, the City Clerk shall notify the person making the excavation that if the same is not filled within four (4) days, it will be filled by the City and charge for the cost of the same shall be paid by the permit holder within ten (10) days after completion and no additional permit shall be issued to that person after that time unless that charge has been paid.

The repaving and resurfacing of said cuts or excavations made in the City streets and alleys shall be the responsibility of the permit holder.

Street cuts shall be made in such a manner to minimize damage to the street and other immediate areas. The person making the excavation shall refill the trench as soon as possible with materials accepted by the City. Surfaces of street cuts shall be replaced as soon as possible to meet City specifications. The permittee shall be responsible for removing any residual materials and clean site. If surface repair is performed by City personnel, the costs of such work as outlined in the Uniform Administrative Code, will be assessed to the permit holder.

Every person who shall for any purpose make, or cause to be made, any cut or excavation in, upon, through, under or adjoining any street, alley, sidewalk, parkway, boulevard or other public place, and shall leave any part or portion thereof open, or shall leave any part or portion thereof obstructed with rubbish, building or other material during the time said work is being done, he/she shall cause the same to be enclosed with good, substantial, and sufficient barriers not less than three (3) feet high, and at nighttime he/she shall cause one (1) red light or flare to be securely and conspicuously posted in or near such cut or excavation, building material or obstruction, provided such obstruction does not extend more than eight (8) feet in length; and if over eight (8) feet and less than sixteen (16) feet in length, two (2) red lights or flares, one (1) at each end, shall be so placed; and if exceeding sixteen (16) feet in length, an intermediate red light or flare shall be placed between the two (2) end lights, and an additional intermediate red light or flare shall be placed for each eight (8) feet of additional length of the cut or excavation, building material or obstruction; and when the cut, excavation, building material or obstruction is made or placed in the direction of travel, a red light shall be placed at each end of the same, when as much as twenty (20) feet and less than fifty (50) feet in length, and when exceeding fifty (50) feet in length, one (1) intermediate light shall be placed for each additional fifty (50) feet, or fraction thereof, and shall keep such lights burning from sunset to sunrise.

The making of said cut or excavation, the placing or repairing of facilities therein, and the refilling parkway way of a cut or excavation shall be done as expeditiously as possible, consistent with good construction practice, and if same is not done, in the opinion of the Code Enforcement Officer, said Code Enforcement Officer shall have the right to perform, or cause to be performed, the remaining work and charge the cost thereof against the deposit of the person to whom the permit was issued.

Whenever a person shall excavate the full width of any street, sidewalk, alley, parkway, boulevard or public place, it shall be his/her duty to maintain a substantial walkway or driveway across said excavation until it is refilled.

It shall be the policy of the City to authorize use of the rights-of-way in a manner that minimizes interference to the public use and minimizes the burden on the rights-of-way physically and aesthetically to the full extent permitted by law. Any use of the rights-of-way by any person shall be subject to the terms and conditions hereof, in addition to all applicable Federal, State or local requirements, and nothing herein shall be enforced or interpreted to contravene any superseding law, including but not limited to §67.1830 et seq., RSMo., to the extent applicable to any given circumstance.

The right granted to a person to use the rights-of-way is limited to the use that the person has filed with the City and approved in accordance with this Article. These rights shall grant non-exclusive use only to that person except where otherwise provided herein or when expressly authorized by the City.

Agreement Or Franchise Required. Except when otherwise authorized by applicable law, no ROW user may construct, maintain, own, control, or use facilities in the rights-of-way without a franchise or ROW agreement with the City as provided herein. All such franchises and agreements shall be approved by ordinance of the Council on a non-discriminatory basis, provided that the applicant is in compliance with all applicable requirements. Such franchises and agreements shall be deemed to incorporate the terms of this Article and other applicable laws of the City, except as may be expressly stated in such agreements and franchises. Reseller service providers shall not be required to obtain a franchise or agreement but shall be required to register with the City on forms provided by the City prior to providing service.

Franchises and Agreements Non-Exclusive. The authority granted by the City in any agreement or franchise shall be for non-exclusive use of the rights-of-way. The City specifically reserves the right to grant, at any time, such additional agreements or other rights to use the rights-of-way for any purpose and to any other person, including itself, as it deems appropriate, subject to all applicable law. The granting of an agreement or franchise shall not be deemed to create any property interest of any kind in favor of the ROW user.

Lease Required For Public Lands. Unless otherwise provided, use or installation of any facilities in, on or over public lands of the City not constituting rights-of-way shall be permitted only if a lease agreement or other separate written approval has been negotiated and approved by the City with such reasonable terms and conditions as the City may require.

Transferability. Except as provided in this Article or as otherwise required by law, no franchise, agreement or permit may be transferred without a written application for transfer consistent with the application provided in Subsection (E) below, and consent of the City based on the requirements and policies of this Article and only after satisfaction of all applicable procedural or substantive requirements established by City Code or other law. The City shall not unreasonably withhold its consent to transfer as provided herein, but any costs incurred by the City in excess of the application fee provided in Subsection (E) below shall be paid by the applicant.

No Cause Of Action. A ROW user shall have no damages remedy or monetary recourse whatsoever against the City for any loss, cost, expense, or damage arising from any of the provisions or requirements of any franchise or agreement, or from the use of the rights-of-way, and any use of the rights-of-way shall be deemed subordinate to the primary public use by the City. Nothing herein shall preclude injunctive or declaratory judgment relief where such relief is otherwise entitled under law and the requirements therefor are otherwise satisfied; provided, however, that the validity of an executed franchise or agreement shall not be subject to challenge. All franchises and ROW agreements shall be deemed to incorporate and accept all provisions of this Article unless as expressly provided to the contrary.

Excavation Permit. No person shall make an excavation within the rights-of-way without first obtaining an excavation permit pursuant to Article I of this Chapter. All excavation permits shall expire after sixty (60) days from the date of issuance, unless otherwise specified in the permit.

Facilities Maintenance Permit (ROW Obstruction In Excess Of Four (4) Hours). No person shall perform facilities maintenance within the rights-of-way without first obtaining a facilities maintenance permit from the ROW Administrator, except where such facilities maintenance is expressly authorized by an existing valid excavation permit for the applicable maintenance location. In addition to the conditions set forth in Section 550.140 below, conditions of a facilities maintenance permit shall be as established in the permit. The ROW Administrator may establish a facilities maintenance permit fee to recover the City's cost in issuing and administering a facilities maintenance permit. All facilities maintenance permits shall expire after (60) sixty days from the date of issuance, unless otherwise specified in the permit.

Emergencies. In case of emergency requiring immediate attention to remedy defects, and in order to prevent loss or damage to persons or property, it shall be sufficient that the person making such excavation or facilities maintenance obtain the necessary permit as soon as possible and may proceed without a permit when such permit cannot be obtained before starting such excavation or facilities maintenance. Notice to the City of the emergency shall be provided at the earliest possible time, and a permit shall be obtained as soon as reasonably possible, or as otherwise directed by the City. Notwithstanding any other time frame or provision herein, a ROW user shall comply with any order of the City relating to an emergency as may be reasonably deemed necessary for the City to address the emergency situation.

Applicable Regulations. All ROW users and persons obtaining an excavation permit shall be subject to the permit conditions in Section 550.140 herein and all rules, regulations, policies, resolutions, and ordinances now or hereafter adopted or promulgated by the City in the reasonable exercise of its police power and are subject to all applicable laws, orders, rules and regulations adopted by governmental entities now or hereafter having jurisdiction. In addition, the ROW users shall be subject to all technical specifications, design criteria, policies, resolutions and ordinances now or hereafter adopted or promulgated by the City in the reasonable exercise of its police power relating to permits and fees, sidewalk and pavement cuts, utility location, construction coordination, surface restoration, and other requirements on the use of the rights-of-way. All persons obtaining a permit shall provide the ROW Administrator certificates of insurance showing proof of liability coverage, as required herein.

Stop Work Orders. Any ROW user found to be working without a permit, failing to provide for required safety and traffic control measures, or otherwise violating any requirements herein, may be directed to stop work until the necessary permit is obtained, the appropriate measures are implemented, or violations are discontinued or remedied in accordance with this Article.

The following conditions shall apply to all excavations and to all permits issued under this Chapter unless specifically stated otherwise in the permit:

Except as provided in this Section, each ROW user shall provide, at its sole expense, and maintain during the term of an agreement or franchise, commercial general liability insurance with a reputable, qualified, and financially sound company licensed to do business in the State of Missouri, and unless otherwise approved by the City, with a rating by Best of not less than "A," that shall protect the ROW user, the City, and the City's officials, officers, and employees from claims which may arise from operations under an agreement or franchise, whether such operations are by the ROW user, its officers, directors, employees and agents, or any subcontractors of the ROW user. This liability insurance shall include, but shall not be limited to, protection against claims arising from bodily and personal injury and damage to property, resulting from all ROW user operations, products, services or use of automobiles, or construction equipment. The amount of insurance for single limit coverage applying to bodily and personal injury and property damage shall be in no event less than the individual and combined sovereign immunity limits established by §537.610, RSMo., for political subdivisions; provided that nothing herein shall be deemed to waive the City's sovereign immunity. An endorsement shall be provided which states that the City is listed as an additional insured and stating that the policy shall not be canceled or materially modified so as to be out of compliance with the requirements of this Section, or not renewed without thirty (30) days' advance written notice of such event being given to the ROW Administrator. If the person is self-insured, it shall provide the City proof of compliance regarding its ability to self-insure and proof of its ability to provide coverage in the above amounts.

A ROW user shall at all times during the term of an excavation permit, and for four (4) years thereafter, maintain a performance and maintenance bond in a form approved by the City Attorney. The amount of the bond will be $5,000.00 or the value of the restoration as determined by the ROW Administrator, whichever is greater, for a term consistent with the term of the permit plus four (4) additional years, conditioned upon the person's faithful performance of the provisions, terms and conditions conferred by this Chapter. Alternatively, unless otherwise established in the excavation permit, an annual bond in an amount of fifty thousand ($50,000.00) automatically renewed yearly during this period shall satisfy the requirement of this Section. The City shall be entitled to recover under the terms of such bond the full amount of any loss and damage occasioned from violation of the permit or provisions of this Chapter. Bonds acquired under this Section will be deemed to satisfy the deposit requirements of Section 550.020 of this Chapter.

A copy of the liability insurance certificate and performance and maintenance bond must be on file with the City Clerk. The insurance and bond requirements in this Section or otherwise shall not apply to a ROW user to the extent and for such period during an agreement or franchise as ROW user is exempted from such requirements pursuant to §67.1830(6)(a), RSMo., and has on file with the City Clerk an affidavit certifying that the ROW user has twenty-five million dollars ($25,000,000.00) in net assets and is otherwise therefore so exempted unless otherwise provided by agreement or franchise. The City reserves the right to waive any and all requirements under this Section when deemed to be in the public interest.

A ROW user shall promptly remove, relocate or adjust any facilities located in the rights-of-way or in public easements as directed by the ROW Administrator for a public improvement or as necessary to eliminate a threat to public 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 ROW Administrator to begin removal, relocation, or adjustment. Where the ROW user facilities are located in whole or in part in private easements outside the rights-of-way, the ROW user shall promptly relocate the facilities if the City has agreed to compensate the ROW user, through the condemnation, purchase process, or other reasonable means for the cost of relocation of the ROW user's facilities.

The City shall provide the ROW user with written notice of required relocations or adjustments, the anticipated bid letting date, if any, of the public improvement, and notice of the deadline for completion of the relocations or adjustments. The ROW user shall respond within ten (10) days with any conflicts and a proposed construction schedule for relocation to be completed in not more than sixty (60) days from date of the notice to the ROW user, unless such other schedule is requested and reasonably approved by the ROW Administrator. If facilities cannot be fully relocated within rights-of-way, the ROW user shall be responsible at its own cost to obtain alternative locations to timely relocate its facilities.

If any facilities are not relocated in accordance with this Section, the City or its contractors may relocate the facilities after notice to the ROW user. The ROW user and its surety shall be liable to the City for any and all costs incurred by the City. In the event the ROW user is required to move its facilities in accordance with this Section, any ordinary permit fee shall be waived. Failure to comply with the relocation schedule set by the ROW Administrator shall be a separate violation for each day subject to penalties as provided for violation of this Article.

A person owning abandoned equipment or facilities in the rights-of-way must remove its facilities and replace or restore any damage or disturbance caused by the removal at its own expense. The ROW Administrator may allow underground facilities or portions thereof to remain in place if the ROW Administrator determines that it is in the best interest of public health, safety, and general welfare to do so.

Abandoned equipment or 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:

The City may send a written notice to the owner of abandoned equipment or facilities, requesting such owner to remove the abandoned equipment or facilities within thirty (30) days of date of the written notice. If the owner of the abandoned equipment or facilities does not remove the abandoned equipment or facilities as requested in the written notice, the Council may conduct a public hearing at which all interested parties shall be entitled to be heard. If the Council finds that the facilities are in fact abandoned equipment or facilities, the Council may at its sole discretion avail itself of any such remedy provided in Subsection (B) above.