City of Bridgeton, MO
St. Louis County
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Table of Contents
Table of Contents
[Ord. No. 01-06 §1, 1-17-2001]
This Chapter shall be known and may be cited as the "Telecommunications Public Rights-of-Way Usage Code".
[Ord. No. 01-06 §1, 1-17-2001]
Definitions And Usage. For the purposes of this code, the following terms, phrases, words and abbreviations shall have the meanings given herein, unless otherwise expressly stated.
APPLICANT
The specific person applying for and receiving a rights-of-way (or "ROW") permit for ROW work.
APPLICATION
That form which an applicant must use to obtain a ROW permit to conduct ROW work within public rights-of-way.
CITY COUNCIL OR COUNCIL
The Governing Body of the City.
CITY
The City of Bridgeton, Missouri, and its agencies, departments, agents, and employees acting within their respective areas of authority.
COMMODITY
Any telecommunications service or item of commerce including, but not limited to, telephone, cable television, Internet, open video systems, alarm systems, electricity, telegraph, data transmission, or any similar or other telecommunications related service.
DIRECTOR
The City's Administrative Assistant or such other person designated to administer and enforce this code.
FACILITIES
Lines, pipes, wires, cables, fibers, conduit facilities, poles, vaults, pedestals, boxes, appliances, antennas, transmitters, radios, meters, appurtenances or other telecommunications equipment.
GOVERNMENTAL ENTITY
Any county, township, city, town, village, school district, 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 any other State, any agency or instrumentality of the State of Missouri or any other State or the United States, and any cooperative district allowed by law.
PERSON
An individual, partnership, limited liability corporation or partnership, association, joint stock company, trust, organization, corporation, or other entity, or any lawful successor thereto or transferee thereof, but such term does not include the City.
PUBLIC RIGHTS-OF-WAY
The surface, the air space above the surface, and the area below the surface of any public street, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, parkway, waterway, easement or sidewalk in which the City now or hereafter holds any property interest.
RESELLER SERVICE PROVIDER
A service provider that does not own, lease, possess or maintain facilities in the public rights-of-way but instead interconnects with or uses the network elements of a ROW user's facilities.
RIGHTS-OF-WAY (OR "ROW") USER FEES
Compensation that any person having facilities within the public rights-of-way is required to pay the City for the use of the public rights-of-way.
RIGHTS-OF-WAY (OR "ROW") PERMIT
A permit granted by the City to a ROW user for the right to have access to the public rights-of-way.
RIGHTS-OF-WAY (OR "ROW") USER
A person owning, leasing, possessing or maintaining facilities in the public rights-of-way. A ROW user shall not include ordinary vehicular or pedestrian traffic or any governmental entity that has entered into an agreement with the City regarding the use and occupancy of the public rights-of-way.
RIGHTS-OF-WAY (OR "ROW") WORK
Action by a ROW user to install, change, replace, relocate, remove, maintain or repair facilities within the public rights-of-way, or to conduct work of any kind within or adjacent to the public rights-of-way that results in an excavation, obstruction, disruption, damage or physical invasion or impact of any kind to the public rights-of-way or the use thereof.
SERVICE
Delivering a commodity to one (1) or more persons located within or outside of the City using facilities within the public rights-of-way or providing or making available such a system to a reseller service provider.
SERVICE PROVIDER
Any person providing a service that has the requisite certifications and authorizations from applicable governmental entities to provide such service. The term service provider includes both ROW users and reseller service providers. The term does not include the City, the Metropolitan St. Louis Sewer District or any governmental entity unless the entity is acting as a service provider in a proprietary capacity.
SUBSCRIBER
Any person who legally receives any service, and the City in its capacity as a recipient of such service.
WITHIN
"Within" public rights-of-way means in, along, under, over or across public rights-of-way.
[Ord. No. 01-06 §1, 1-17-2001; Ord. No. 07-60 §1, 10-17-2007]
A. 
Registration Required.
1. 
Any person desiring to become a ROW user must register with the City Clerk. A valid registration is necessary for a person to be eligible for the issuance of rights-of-way permits in accordance with this code.
2. 
Any ROW user in operation on the effective date of this code must either register with the City within ninety (90) days thereafter or remove its facilities from the public rights-of-way and restore the affected area to a condition satisfactory to the City.
3. 
Each video service provider, as defined in Chapter 675, the Video Service Regulatory Code, which wishes to use any public right-of-way must register hereunder. Such a person shall also remain subject to its cable franchise, if any, the Video Service Regulatory Code and applicable State law. To the extent that any terms of such person's cable franchise, if any, conflict with the Public Rights-of-Way Usage Code, the terms of the cable franchise shall prevail. To the extent that the provisions of Chapter 675, the Video Service Regulatory Code conflicts with the Public Rights-of-Way Usage Code, the more stringent shall prevail.
4. 
Any person that provides or intends to provide video programming by means of a video service network pursuant to State or Federal authority and intends to use any public right-of-way in connection therewith must register hereunder but shall also remain subject to the applicable provisions of the Video Service Regulatory Code. To the extent that the Video Service Regulatory Code conflicts with the Public Rights-of-Way Usage Code, the more stringent shall prevail.
5. 
As of the effective date of this code, any person having facilities within the public rights-of-way shall register hereunder, but to the extent that any terms of any license or franchise of such person conflicts with the Public Rights-of-Way Usage Code, the terms of the license or franchise shall prevail.
B. 
Effectiveness Of Registration. Registration hereunder by an eligible person shall remain effective for so long as that person remains eligible, unless terminated by the person or the City hereunder. Any registration of an ineligible person shall be void from the date of ineligibility.
C. 
Registered Person Subject To Other Laws.
1. 
A person required to register shall at all times be subject to and shall comply with all applicable Federal, State and local laws and shall at all times be subject to all lawful exercise of the power of the City including, but not limited to, all powers regarding zoning, Building Codes, business licenses and business license taxes, supervision of construction, assurance of equal employment opportunities, control of public rights-of-way, and consumer protection.
2. 
Registration hereunder shall not deprive any person of any rights or obligations imposed by any previously existing franchise, license or other contract, nor shall it impose any obligations on any such person additional to those included in any previously existing franchise, license or other contract, except to the extent allowed by law.
D. 
Failure To Register. Any person who has not registered as required hereunder shall nonetheless be subject to all requirements of this code including, but not limited to, its provisions regarding construction and technical standards and fees, except as otherwise provided herein. In its discretion, the City at any time may:
1. 
Require such person to register within thirty (30) days of receipt of a written notice to such person from the City that registration is required;
2. 
Require such person to remove its facilities from the public rights-of-way and restore the affected area to a condition satisfactory to the City within a specific time period;
3. 
Direct municipal personnel to remove the facilities from the public rights-of-way and restore the affected area to a condition satisfactory to the City and charge the person the costs therefor, including by placing a lien on the person's property as provided in connection with abating nuisances; or
4. 
Take any other action it is entitled to take under applicable law.
Additionally, such person shall be subject to the imposition of penalties as provided herein.
[Ord. No. 01-06 §1, 1-17-2001]
A. 
Requirements And Processing.
1. 
Registration shall be accomplished by filing with the City Clerk a completed registration form provided by the City.
2. 
To be valid, the registration form must be signed by an authorized representative of the registering person, contain all required information and be accompanied by a filing fee approved by the City Council.
3. 
At any time the City Clerk determines a registration form does not comply with this code, the City may return it to a point of contact identified therein with a written explanation of the reason(s) for such return. Filing fees shall not be refunded. Failure to return a registration letter shall not validate an incomplete or otherwise invalid or void registration letter.
B. 
Contents Of Registration Form. A registration form shall contain or be accompanied by the information required herein. All such information received by the City shall remain confidential insofar as permitted by the Missouri Sunshine Act and other applicable State and Federal law. The information required shall include:
1. 
Name, address and legal status of the registering person.
2. 
Name, title, address, telephone number, and fax number of individual(s) authorized to serve as the point of contact between the City and the registering person so as to make contact possible at any time (i.e., twenty-four (24) hours per day, seven (7) days per week).
3. 
Explanation of all services provided or to be provided by the registering person in the City or over facilities located within the public rights-of-way of the City and an explanation of the registering person's legal qualifications to provide such services, including copies of supporting documentation such as relevant certificates or orders from the Federal Communications Commission and/or Missouri Public Service Commission, or pertinent rules or Statutes.
4. 
Name and address of any and all other persons using the registering person's facilities including, but not limited to, persons providing services over the registering person's facilities.
5. 
Current certificates of insurance in accordance with this code.
6. 
Such other information as should be determined by the Director.
C. 
Notice Of Change. Within thirty (30) days of any changes in the information set forth in or accompanying its registration letter, a registered person shall notify the City Clerk of any such change. Such notices shall be submitted and processed in the same manner as an initial registration, except that the filing fee established in Section 561.010(A) shall not be required.
D. 
Registration Index. The City Clerk shall maintain an index of all registered persons and their point(s) of contact.
E. 
Termination Of Registration.
1. 
The City shall have the right to terminate a registration for a substantial and ongoing failure to comply with this code or for defrauding or attempting to defraud the City. To invoke the provisions of this Section, the City shall give the person written notice of such intent. If within thirty (30) calendar days following such written notice from the City the person has not completed corrective action or corrective action is not being actively and expeditiously pursued to the satisfaction of the Director, the Director may commence a proceeding to consider terminating the person's registration, giving written notice of the reasons therefor.
2. 
Prior to terminating a registration, the Director shall hold a hearing, after giving at least ten (10) calendar days' notice to the person, at which time the person shall be given an opportunity to be heard. Following the hearing, the Director may determine whether to terminate the registration based on the information presented at the hearing and other information of record. If the Director determines to terminate a registration, the decision shall be in writing setting forth the reasons therefor. The Director may make such decision conditional on a person's failure to resolve outstanding problems or take appropriate steps to resolve such problems within a specific period of time. A copy of such decision shall be provided to the person.
3. 
Once a registration has been terminated by the Director, the person may not register again except upon express written approval by the Director, which approval shall be withheld absent clear and convincing evidence that the person has remedied all previous violations and is in full compliance with all laws and will not in the future violate this code or defraud the City.
[Ord. No. 01-06 §1, 1-17-2001; Ord. No. 01-38 §1, 7-18-2001]
A. 
ROW Permit Requirement.
1. 
Any person desiring to perform ROW work must first apply for and obtain a ROW permit, in addition to any other building permit, license, easement, franchise or authorization required by law. If any ROW work must be performed on an emergency basis, the person conducting the work shall as soon as practicable notify the City of the location of the work and shall apply for the required ROW permit on the first (1st) business day following the commencement of the work.
2. 
No ROW user failing to register with the City shall be granted a ROW permit, except as otherwise provided by ordinance, franchise, license or written contract with the City.
3. 
All applications for ROW permits shall be submitted to the City Clerk. The Director may design and make available standard forms for such applications, requiring such information as allowed by law and as the Director determines to be necessary and consistent with the provisions of this code and to accomplish the purposes of this code. Each application shall at minimum contain the following information for the proposed ROW work:
a. 
The name, address and telephone number of a representative whom the City may notify or contact at any time (i.e., twenty-four (24) hours per day seven (7) days per week) concerning the work;
b. 
A description of the proposed work, including a conceptual master plan and a route map and an engineering site plan or other technical drawing showing the nature, dimensions and location of the applicant's proposed work or facilities, their proximity to other facilities that may be affected by the proposed work (including all utilities and facilities within any affected public rights-of-way), and the number of street crossings and their locations and dimensions;
c. 
Projected commencement and termination dates and anticipated duration of the work or, if such dates are unknown, a representation that the applicant shall provide the Director with reasonable advance notice of such dates once they are determined;
d. 
If the proposed ROW work involves the installation of new facilities, a description of the anticipated use and user(s) of the new facilities;
e. 
An applicant must provide verification that the applicant has registered with the City and that the information included in that registration is accurate as of the date of the application;
f. 
Copies of any required certificates of insurance or performance/maintenance bonds; and
g. 
Copies of all requisite certificates and authorizations from applicable governmental entities to provide a service.
4. 
Each such application shall be accompanied by the following payments:
a. 
An application fee, as approved by the City Council by separate ordinance, to cover the cost of processing the application; and
b. 
Any other amounts otherwise due to the City from the applicant including, but not limited to, prior delinquent permit fees and costs, delinquent rental fees and any loss, damage or expense suffered by the City because of the applicant's prior excavations of the public rights-of-way or for any emergency actions taken by the City.
B. 
ROW Permit Review And Determination.
1. 
The City Clerk shall review each application for a ROW permit and, unless the application is denied pursuant to paragraph (5) hereof shall issue the ROW permit upon determining that the applicant:
a. 
Has submitted all necessary information;
b. 
The appropriate fees; and
c. 
Is in full compliance with this code and all other City ordinances.
2. 
The City Clerk shall determine the form of the rights-of-way permit which shall include:
a. 
Projected commencement and termination dates or, if such dates are unknown at the time the ROW permit is issued, a provision requiring the ROW user to provide the Director with reasonable advance notice of such dates once they are determined;
b. 
A description of the work to be performed; and
c. 
Such other information as the City Clerk shall determine.
3. 
An applicant receiving a ROW permit shall promptly notify the City Clerk of any changes in the information submitted in the application. The City Clerk may issue a revised ROW permit or require that the ROW user reapply for a ROW permit in accordance with all requirements of this code.
4. 
ROW permits inure to the benefit of the applicant, and the rights granted thereunder may not be assigned or transferred to any other person without the express written consent of the Director.
5. 
The City Clerk shall deny an application for any of the following reasons:
a. 
Delinquent fees, costs or expenses owed by the applicant;
b. 
Failure to return the public rights-of-way to its previous condition under previously issued ROW permits or after prior excavations;
c. 
Lack of capacity of the public rights-of-way to accommodate additional work or facilities;
d. 
Failure to provide required information; or
e. 
The applicant being in violation of the provisions of this code or other applicable City ordinances.
6. 
Applicants may appeal any final decision of the City Clerk to the Director within five (5) business days after such decision, and the Director shall act on the appeal within fifteen (15) business days.
[Ord. No. 01-06 §1, 1-17-2001]
Neither a registration permit nor a ROW permit entitles a person to conduct business in Bridgeton. To do business in Bridgeton, a person must obtain any applicable business license and pay any applicable business license tax under Bridgeton ordinances.
[Ord. No. 01-06 §1, 1-17-2001; Ord. No. 01-38 §3, 7-18-2001]
A. 
Jurisdiction.
1. 
All facilities and ROW work shall be subject to all applicable laws and ordinances. A ROW user shall comply with all ordinances and all reasonable directions of the City with respect to work in, under, on or around the public rights-of-way, and shall pay all applicable charges for permits, applications and inspections, in addition to any other lawful, applicable fee, tax or charge.
2. 
Neither a registration permit nor a ROW permit authorizes any work in the public rights-of-way or the attachment of devices to poles or other structures owned by the City or any person. If the attachment, installation, operation, maintenance, location or removal of the facilities in the public rights-of-way shall require any permits under applicable City ordinances, a ROW user shall apply for the appropriate permits and pay any standard and customary permit fees.
B. 
Installation Of Facilities.
1. 
All new, non-replacement communications transmission lines to be installed in the future shall be placed underground. However, in the event that another person or company is hereafter granted rights to place new, non-replacement private communication transmission lines and equipment on or over the public rights-of-way, a ROW user shall enjoy the same rights of placement.
2. 
For installation of facilities and to the extent authorized by law, existing underground conduits shall be used whenever feasible, and the owner of such existing conduits shall permit the use thereof by other persons to the extent such use is feasible.
3. 
A ROW user's right to use and occupy the public rights-of-way are not exclusive and may be subject to the rights of other and prior private users of the public rights-of-way. A ROW user shall be responsible for coordinating its use of the public rights-of-way with all other persons that may also have the right to use such public rights-of-way, and the City shall have no responsibility or liability for such coordination or any cost or expense relating thereto. The City does have the right to control the locations of a ROW user's facilities in the public rights-of-way. A ROW user's use of the public rights-of-way is subject to all rights of the City with respect to the public rights-of-way.
4. 
In the case of new construction or property development, the developer or property owner shall give to all persons registered hereunder reasonable written advance notice of the particular date on which open trenching will be available for installation of facilities. Costs of trenching and easements required to bring facilities within the development shall be borne by the developer or property owner, except that if the facilities are not installed within five (5) working days of the date the trenches are available, as designated in the notice given by the developer or property owner, then once the trenches are thereafter closed, the cost of new trenching shall be borne by the person installing the facilities.
5. 
Any and all public rights-of-way, public property or private property disturbed or damaged during construction, repair, replacement, relocation, operation or maintenance of the facilities shall be repaired, restored or replaced by ROW user within a reasonable time as specified by the City. A ROW user shall immediately notify the owner or operator of any property disturbed or damaged.
6. 
Underground transmission lines shall be installed by boring only with no trenching or open excavation.
7. 
In connection with the installation of the facilities, there shall be no painting or marking on any streets, sidewalks, driveways, aprons or other facilities located in the public rights-of-way.
8. 
A ROW user shall promptly remove from the public rights-of-way all mud, dirt or other material resulting from any work by a ROW user.
9. 
A ROW user shall not make nor begin any work in any public rights-of-way without first giving notice to and obtaining information from each and every public utility, corporation, or other person having possible underground facilities within such area concerning the possible location of any underground facility. A ROW user agrees to use reasonable and customary means to give such notice and obtain such information.
10. 
A ROW user shall, upon request by any authorized person intending to commence excavation, inform such excavator, as promptly as practical, but in any event within three (3) working days from receipt of notice, unless otherwise mutually agreed, by some reasonable and customary means, of the correct location of underground facilities in or near the area of the excavation so as to enable the person engaged in the excavation to locate the facilities in advance of and during the excavation.
11. 
In the performance and exercise of its rights and obligations under this code, a ROW user shall not interfere in any manner with the existence, operation or use of any and all public and private rights-of-way, roads, streets, sanitary sewers, water mains, storm sewers and drains, gas mains, pole, aerial and underground electric and telephone wires, electroliers, cable television, and other telecommunications, utility and municipal property without the express prior written approval of the owner or owners of the affected property or properties.
C. 
Relocation Of Facilities.
1. 
The City may require relocation of the facilities by delivering written notice to a ROW user. A ROW user shall thereafter relocate such facilities as soon as practicable, but no later than one hundred eighty (180) days after delivery of such notice. The cost of relocation of such facilities shall be born by the ROW user. The City shall not require a ROW user to relocate its facilities to accommodate any private entity which shall also have the right to use the public rights-of-way, as a ROW user and all other private users of the public rights-of-way shall be responsible for coordinating their use of the public rights-of-way.
2. 
In the event of an emergency, or where facilities create or are contributing to an imminent danger to health, safety or property, the City may remove, relay or relocate the pertinent parts of such facilities without prior notice and without charge to the City for restoration and repair.
3. 
At the City's direction, all facilities shall be moved underground and the cost shall be solely the obligation of the owners (or as otherwise required by law).
4. 
Any ROW user shall, on the request of the City or any person authorized by the City, temporarily relocate facilities to permit the moving of buildings or oversized vehicles.
5. 
Any ROW user shall, by a reasonable time specified by the City, protect, support, disconnect, relocate or remove, at its own expense, discrete portions of its facilities when required by the City by reason of traffic conditions, public safety, public rights-of-way construction, maintenance or repair (including resurfacing or widening), change of public rights-of-way grade construction, installation or repair of sewers, drains, water pipes, power lines, signal lines, tracks, or any type of government-owned communications system, public work or improvement or any government-owned utility public rights-of-way vacation or for any other purpose where the convenience of the City would be reasonably served thereby.
6. 
Rather than relocate facilities as requested or directed, a ROW user may abandon the facilities if approved by the City as provided in Subsection (E) hereof.
7. 
No location of any facilities within the public rights-of-way shall be a vested interest. No action hereunder shall be deemed a taking of property, and no person shall be entitled to any compensation therefor.
D. 
Property Repair And Alterations.
1. 
During any ROW work, the person doing the work shall protect any and all existing structures and property belonging to the City and any other person. Any and all public rights-of-way, public property or private property disturbed or damaged during the work shall be repaired or replaced by the person doing the work or the person on whose behalf the work is being done, and such person shall immediately notify the owner of the fact of the damaged property. Such repair or replacement shall be completed within a reasonable time specified by the Director and to the Director's satisfaction.
2. 
Any alteration to the existing water mains, sewerage or drainage system or to any City, State or other public structures or facilities in the public rights-of-way required on account of the construction, installation, repair or maintenance of facilities within the public rights-of-way shall be made at the sole cost and expense of the owner of such facilities.
E. 
Removal, Abandonment And Transfer Of Facilities.
1. 
If a registration is terminated, the City may require that the ROW user remove its facilities from the public rights-of-way at the provider's expense. If ROW user fails to do so within a reasonable period of time, the City may have the removal done at the provider's expense. In removing its facilities the ROW user shall refill, at its own expense, any excavation that shall be made by it and shall leave all public rights-of-way and places in as good condition as prevailed prior to the removal of its facilities. The City shall inspect and approve the condition of the public rights-of-way after removal. The liability, indemnity, insurance and bonding requirements as provided herein shall continue in full force and effect during and after the period of removal and until full compliance by the ROW user with the terms and conditions of this paragraph and the requirements of this code.
2. 
Alternatively, the City may permit the abandonment, without removal, of any facilities as provided herein.
a. 
The City may permit the abandonment, without removal, of the facilities if the Director determines that abandonment will not result in interference with the use or maintenance of the public rights-of-way or if ownership of the facilities is transferred as provided herein.
b. 
The City may decide that the ownership of the facilities shall revert to the City, or to such person as directed by the City. In either case the owner of the facilities shall, if required by City, submit a written instrument satisfactory in form to City, transferring to the City, or to such person as directed by the City, ownership of the facilities. The City may sell, assign or transfer all or part of the facilities reverting to the City.
3. 
If a ROW user discontinues use of any facilities for a continuous period of twelve (12) months, or if any facilities have been installed in the public rights-of-way without complying with the requirements of this code, the facilities may be deemed abandoned. After notice and a reasonable opportunity to cure, the City may remove or transfer the facilities as provided above.
F. 
Restoring The Public Rights-Of-Way.
1. 
The ROW user shall maintain its restoration of any affected public rights-of-way for twelve (12) months following completion of the ROW work and as reasonably determined by the Director. During this period the ROW user shall, upon notification from the Director, correct all restoration work to the extent necessary as required by the Director. Said work shall be completed within a reasonable time, not to exceed thirty (30) calendar days from receipt of the Director's notice unless otherwise permitted by the Director.
2. 
The twelve (12) month guarantee period shall be applicable to failure of the surface of the public rights-of-way as well as failure below the surface.
G. 
Mapping Requirements. After the completion of ROW work, the ROW user shall provide to the City records and as-built drawings, drawn to scale and certified to the City as accurately depicting the location of all facilities constructed pursuant to the ROW permit. When available to the ROW user, maps and drawings provided will be submitted in AUTOCAD.DXF, AUTOCAD.DWG, MICROSTATION DGN (or comparable, as allowed by the Director) automated formats, or in hard copy otherwise.
H. 
Bond.
1. 
Except as provided in Subsection (H)(2) of this Section, a ROW user shall maintain throughout the term of its registration a faithful performance bond running to the City, with good and sufficient surety, in the penal amount of one hundred thousand dollars ($100,000.00) conditioned that a ROW user shall well and truly observe, fulfill and perform each term and condition of this code and that in case of any breach of condition of the bond, the amount thereof shall be recoverable from the principal and sureties by the City for all damages proximately resulting from the failure of a ROW user to well and faithfully observe and perform any provisions of this code. The bond referred to in this Section shall contain an endorsement stating that the bond is extended to cover the liability of a ROW user under the terms of this code and shall further provide that the bond is not cancelable nor shall a renewal be denied, nor coverage reduced, until a timely and satisfactory inspection of the completed project is made by the City or sixty (60) days has passed from the date notice was given to the City indicating completion of the project without an inspection. Upon a ROW user giving written notice to the City of completion of construction of its facilities, the bond may be reduced to ten thousand dollars ($10,000.00), provided that on such reduction date there are no claims of any type outstanding at such time asserted against a ROW user or the City, arising out of any acts or omissions of a ROW user or its contractors. The bond must be approved as to form by the City Attorney, which approval shall not be unreasonably withheld, and the bond shall be filed and maintained with the City Clerk during the term. Any person may execute on the aforesaid bond to collect any judgment entered in favor of the person and against a ROW user for breach or failure to perform any provision of this agreement.
2. 
A ROW user that establishes that it has at least twenty-five million dollars ($25,000,000.00) in net assets and does not have a history of permitting non-compliance within Bridgeton shall not be required to provide a bond hereunder.
I. 
Miscellaneous.
1. 
Upon failure of a ROW user to commence, pursue or complete any ROW work required by law or by the provisions of this code to be done in any street, within the time prescribed and to the reasonable satisfaction of the City, the City may, at its option, after thirty (30) days' notice, cause such work to be done and the ROW user shall pay to the City the cost thereof in the itemized amounts reported by the City to the ROW user within thirty (30) days after receipt of such itemized report.
2. 
Nothing in this code shall be in preference or hindrance to the right of the City and any board, authority, commission or public service corporation of the City to use or occupy the public rights-of-way or to perform or carry on any public works or public improvements of any description.
[Ord. No. 01-06 §1, 1-17-2001]
A. 
Finding And Intent. The City finds that public rights-of-way are valuable public property acquired and maintained at great expense to taxpayers. The City further finds that the grant of permission to locate facilities within the public rights-of-way is a valuable property right and eliminates the need to invest substantial capital. Any person that places facilities within the public rights-of-way after the effective date of this code, and any person that leaves existing facilities within the public rights-of-way more than ninety (90) days after the effective date of this code shall be deemed to have agreed to pay compensation for such use of the public rights-of-way as established herein. It is the intent of this Section that the compensation provided for herein be applied to and be paid by only those persons having a possessory interest in, with right of access to, facilities within the public rights-of-way.
B. 
Payment To City. As compensation for use of the public rights-of-way, any person having facilities within the public rights-of-way shall pay to the City rights-of-way user fees as may be in effect for the period for which such fees are due as provided by ordinance from time to time.
C. 
Not A Tax Or In Lieu Of Any Other Tax Or Fee — Credit.
1. 
Rights-of-way user fees are not a tax, license or fee subject to any requirement of voter approval, but rather constitute a charge for special and individualized use of public property.
2. 
Rights-of-way user fees are in addition to all other fees and all taxes and payments that a person may be required to pay under any Federal, State or local law, including any applicable property and amusement taxes.
3. 
To promote economic development, any person obligated to pay rights-of-way user fees shall be granted a credit for all sums paid to the City by such person for applicable business license taxes, up to the amount of the rights-of-way user fees. In no event shall such a credit result in a refund from the City.
D. 
Payments. The rights-of-way user fees shall be paid in such amounts and in such manner as may be provided from time to time in an ordinance establishing such fees.
E. 
No Accord Or Satisfaction. No acceptance of any payment by the City shall be construed as a release or an accord and satisfaction of any claim the City may have for further or additional sums payable as rental fees under this code or for the performance of any other obligation.
[Ord. No. 01-06 §1, 1-17-2001; Ord. No. 01-38 §4, 7-18-2001]
A. 
Insurance Required. Except for a ROW user that demonstrates it has twenty-five million dollars ($25,000,000.00) of net assets and does not have a history of permitting non-compliance within Bridgeton, all ROW users shall maintain, for the duration of any ROW work and for as long as the ROW user has facilities within the public rights-of-way, at least the following insurance coverage:
1. 
Workers' Compensation and employer liability insurance to meet all requirements of Missouri law.
2. 
Commercial general liability insurance with respect to the construction, operation, and maintenance of the facilities, and the conduct of the ROW user's business in the City, in the minimum amounts of two million dollars ($2,000,000.00) for property damage resulting from any one (1) accident, five million dollars ($5,000,000.00) for personal bodily injury or death resulting from any one (1) accident, and two million dollars ($2,000,000.00) for all other types of liability. Coverage shall include the following extensions:
a. 
Contractual liability.
b. 
Products and completed operations.
c. 
Independent contractors coverage.
d. 
Broad form general liability extensions (or equivalent).
e. 
Coverage for X, C and U hazards.
3. 
Motor vehicle liability coverage for all vehicles used in the course and scope of the Agreement. Limits of liability shall not be less than two million dollars ($2,000,000.00) combined signal limit for bodily injury or property damage.
4. 
Additional insureds. All liability insurance policies shall name the City, its officers, boards, board members, commissions, commissioners, agents, and employees as additional insureds.
5. 
Cancellation notice. Workers' compensation insurance, commercial general liability insurance, and motor vehicle liability insurance as described above shall include an endorsement stating that thirty (30) days' advance written notice of cancellation, non-renewal, reduction and/or material change shall be sent to:
Administrative Assistant
City of Bridgeton
11955 Natural Bridge Road
Bridgeton, Missouri 63044
B. 
Qualifications Of Insurers. All insurance policies shall be in a form approved by the cities and shall be with companies qualified to do business in the State of Missouri, and a minimum rating assigned by A.M. Best and Company's Key Rating Guide of "A" Overall and a Financial Size Category of "X" (i.e., a size of five hundred million dollars ($500,000,000.00) to seven hundred fifty million dollars ($750,000,000.00) based on a capital, surplus and conditional reserves).
C. 
Policies Available For Review And Proof Of Insurance. All insurance policies shall be available for review by the City, and a ROW user having facilities within the public rights-of-way shall keep on file with the City current certificates of insurance showing the City, its entities and representatives as additional primary insureds.
D. 
Indemnification.
1. 
Any ROW user granted a ROW permit, and any ROW user having facilities within the public rights-of-way, as partial consideration for the privilege granted, shall, at its sole cost and expense, indemnify, hold harmless and defend the City, its officials, boards, board members, commissions, commissioners, agents and employees against any and all claims, suits, causes of action, proceedings and judgments for damages or equitable relief arising out of:
a. 
The ROW work including, but not limited to, the construction, maintenance or operation of facilities;
b. 
Failure by the ROW user to secure consents from landowners;
c. 
Invasion of the right of privacy or the defamation of any person;
d. 
Infringements of any copyright, trademark, trade name, service mark, or patent, or of any other similar right of any other person;
e. 
Failure by the ROW user to secure consents from owners, authorized distributors or licensees of information to be delivered over the facilities; or
f. 
The conduct of the ROW user's business in the City.
2. 
The foregoing indemnity provisions include, but are not limited to, the City's reasonable attorneys' fees incurred in defending against any such claim, suit or proceeding prior to the person assuming such defense. The City shall notify a person of claims and suits as soon as practicable, but failure to give such notice shall not relieve a person of its obligations hereunder. Once a person assumes such defense, the City may at its option continue to participate in the defense at its own expense.
3. 
Notwithstanding anything to the contrary contained in this code, the City shall not be so indemnified or reimbursed in relation to any amounts attributable to the City's own negligence, willful misconduct, intentional or criminal acts.
E. 
Relation To Insurance And Indemnity Requirements. Recovery by the City of any amounts under insurance, a performance bond, or otherwise does not limit a ROW user's duty to indemnify the City in any way; nor shall such recovery relieve a ROW user of amounts owed to the City, or in any respect prevent the City from exercising any other right or remedy it may have.
[Ord. No. 01-06 §1, 1-17-2001; Ord. No. 04-50 §9, 10-6-2004]
Any person violating any provision of this code shall, upon conviction, be punished by a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment not to exceed ninety (90) days, or by both such fine and imprisonment. Each day the violation continues may be charged as a separate offense.
[Ord. No. 01-38 §2, 7-18-2001]
A. 
Review. A right-of-way user that has been denied a right-of-way permit, has had its right-of-way permit revoked, believes that the fees imposed on the public right-of-way user by Bridgeton do not conform to the requirements of Section 67.1840, RSMo., or asserts any other issues related to the use of the public right-of-way shall have, upon written request, such denials, revocations, fee impositions, or other disputes reviewed by the Bridgeton City Council. The review request shall be filed within ten (10) days after the user is notified of the decision for which review is sought in order for the decision to be reviewed by the City Council. A decision affirming the denial, revocation, fee imposition or dispute resolution shall be in writing and supported by written findings establishing the reasonableness of the decision.
B. 
Mediation And Arbitration. Upon affirmation by the City Council of the denial, revocation, fee imposition or dispute resolution, the right-of-way user may, if agreed to by Bridgeton, and in addition to all other remedies, have the matter resolved by mediation or binding arbitration. Binding arbitration shall be before an arbitrator agreed to by both the political subdivision and the right-of-way user. The costs and fees of a single arbitrator shall be borne equally by Bridgeton and the right-of-way user. If the parties cannot agree on an arbitrator, the matter shall be resolved by a three (3) person arbitration panel consisting of one (1) arbitrator selected by Bridgeton, one (1) arbitrator selected by the right-of-way user, and one (1) person selected by the other two (2) arbitrators. In the event that a three (3) person arbitrator panel is necessary, each party shall bear the expense of its own arbitrator and shall jointly and equally bear with the other party the expense of the third (3rd) arbitrator and of the arbitration.
[Ord. No. 01-06 §1, 1-17-2001]
A. 
Eminent Domain. Nothing herein shall be deemed or construed to impair or affect, in any way or to any extent, the City's power of eminent domain.
B. 
Exclusive Contracts And Anticompetitive Acts Prohibited.
1. 
No service provider shall enter into or enforce an exclusive contract for the provision of services with any other person, or demand the exclusive right to serve another person or location, as a condition of extending service to that person or location or any other person or location.
2. 
No person shall engage in acts that have the purpose or effect of limiting competition for the provision of services in the City, except for such actions as are expressly authorized by law.
C. 
No Recourse Against The City. Without limiting such immunities as the City or other persons may have under applicable law, no person shall have recourse whatsoever against the City or its official members, boards, commissions, agents or employees for any loss, costs, expense, liability or damage arising out of any action undertaken or not undertaken pursuant to any provision or requirement of this code or because of the enforcement of this code or the City's exercise of its authority pursuant to this code, or other applicable law, unless such recourse is authorized by Statute, this code, or other ordinance.
D. 
Force Majeure. A person shall not be deemed in violation of this code where performance was hindered by war or riots, civil disturbances, floods, or other natural catastrophes beyond the person's control, and a registration shall not be terminated or a person penalized for such non-compliance, provided that the person takes prompt and diligent steps to bring itself back into compliance and to comply as soon as reasonably possible under the circumstances without unduly endangering the health, safety and integrity of employees or property, or the health, safety and integrity of the public, public rights-of-way, public property or private property.
E. 
Public Emergency. In the event of a public emergency or disaster as determined by the City acting through such officials as may be available given the emergency conditions, a ROW user immediately shall make facilities, employees and property, as may be reasonably necessary, available for use by the City or other civil defense or governmental agency designated by the City for the term of such emergency or disaster for emergency purposes. In the event of such use, the ROW user shall waive any claim that such use by the City constitutes a use of eminent domain, provided that the City shall return use of the facilities, employees and property to the ROW user promptly after the emergency or disaster has ended.
F. 
Severability. If any term, condition, clause, sentence or provision of this code shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective. In the event of a subsequent change in applicable law so that the provision which had been held invalid is no longer invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding.