[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.
The specific person applying for and receiving a rights-of-way
(or "ROW") permit for ROW work.
That form which an applicant must use to obtain a ROW permit
to conduct ROW work within public rights-of-way.
The Governing Body of the City.
The City of Bridgeton, Missouri, and its agencies, departments,
agents, and employees acting within their respective areas of authority.
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.
The City's Administrative Assistant or such other person
designated to administer and enforce this code.
Lines, pipes, wires, cables, fibers, conduit facilities,
poles, vaults, pedestals, boxes, appliances, antennas, transmitters,
radios, meters, appurtenances or other telecommunications equipment.
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.
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.
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.
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.
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.
A permit granted by the City to a ROW user for the right
to have access to the public rights-of-way.
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.
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.
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.
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.
Any person who legally receives any service, and the City
in its capacity as a recipient of such service.
"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.
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Additionally, such person shall be subject to the imposition
of penalties as provided herein.
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[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:
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:
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
| |
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11955 Natural Bridge Road
| |
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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.
