[Ord. No. 2195 §2, 8-1-2005]
Whenever a person has been denied a right-of-way permit, had
its right-of-way permit revoked or claims that City has acted in violation
of the provisions of Section 67.1830, RSMo., et seq., the person may
file an appeal as provide for by law.
[Ord. No. 2195 §2, 8-1-2005]
A.
If
a right-of-way user has twenty-five million dollars ($25,000,000.00)
in net assets and does not have a history of non-compliance or permitting
non-compliance within the City, then the right-of-way user shall not
be required to file evidence of liability insurance. The right-of-way
user shall provide all information to the City necessary to determine
the amount of net assets of the right-of-way user. For purposes of
this Section, "history of non-compliance or permitting non-compliance
within the City" shall include past actions of the right-of-way
user, or any persons acting on the behalf of the right-of-way user,
including contractors or subcontractors, who has failed to return
the public right-of-way to its previous condition under a previous
right-of-way permit.
B.
If it is determined pursuant to Subsection (A) that a right-of-way user does not have twenty-five million dollars ($25,000,000.00) in net assets or does have a history of non-compliance or permitting non-compliance within the City, then the right-of-way user shall file with the City evidence of liability insurance with an insurance company licensed to do business in Missouri. The liability insurance shall have an AM Best rating of at least 5/20. The amount of insurance shall be in amounts sufficient to protect the City against all liabilities not protected by the State of Missouri's sovereign immunity Statute and shall name the City as a certificate holder and additional insured. If the right-of-way user is self-insured, it shall provide the City proof of compliance regarding its ability to self-insure and proof of its ability to provide coverage in the above amounts. A copy of the liability insurance certificate must be on file with the City Clerk and shall be in the Acord 25-5(7/97) format.
C.
Contractors, Subcontractors, property owners or other agents performing
work limited to construction, reconstruction or modification of driveways
approaches and sidewalks shall have an insurance amount equal or greater
than one million dollars ($1,000,000.00).
[1]
Editor's Note: Section 1 also changed the title of this
Section from "Insurance" to "Insurance Exceptions."
[Ord. No. 2195 §2, 8-1-2005; Ord.
No. 3535 §2, 4-18-2016; Ord. No. 3701 § 2, 6-19-2017]
Except as provided for in Section 511.200 (A) and (C), any contractor, subcontractor, property owner or other agent performing work in the right-of-way on behalf of a right-of-way user shall file with the City evidence of liability insurance with an insurance company licensed to do business in Missouri. The liability insurance shall have an AM Best rating of at least 5/20. The amount of insurance shall be in amounts sufficient to protect the City against all liabilities not protected by the State of Missouri's sovereign immunity Statute, and shall name the City as a certificate holder and additional insured. If the contractor, subcontractor, property owner or other agent is self-insured, it shall provide the City proof of compliance regarding its ability to self-insure and proof of its ability to provide coverage in the above amounts. A copy of the liability insurance certificate must be on file with the City Clerk and shall be in the Acord 25-5(7/97) format.
[Ord. No. 2195 §2, 8-1-2005]
A.
If
a right-of-way user has twenty-five million dollars ($25,000,000.00)
in net assets and does not have a history of non-compliance or permitting
non-compliance within the City, then the right-of-way user shall not
be required to maintain a performance or maintenance bond. The right-of-way
user shall provide all information to the City necessary to determine
the amount of net assets of the right-of-way user. For purposes of
this Section, "history of non-compliance or permitting non-compliance
within the City" shall include the past actions of the right-of-way
user, or any persons acting on the behalf of the right-of-way user,
including contractors or subcontractors, who has failed to return
the public right-of-way to its previous condition under a previous
right-of-way permit.
B.
If it is determined pursuant to Subsection (A) that a right-of-way user does not have twenty-five million dollars ($25,000,000.00) in net assets or does have a history of non-compliance or permitting non-compliance within the City, then the right-of-way user shall unless otherwise required by the City:
1.
Maintain a performance bond in a form approved by the City Attorney.
The amount of the bond will be five thousand dollars ($5,000.00) or
the value of the restoration, whichever is greater, as determined
by the Public Works Director, for a term consistent with the term
of the right-of-way permit, conditioned upon the right-of-way user's
faithful performance of the provisions, terms and conditions conferred
by this Chapter.
2.
Maintain a maintenance bond in a form approved by the City Attorney.
The amount of the bond will be five thousand dollars ($5,000.00) or
the value of the restoration, whichever is greater, as determined
by the Public Works Director, for a term consistent with the term
of the right-of-way permit plus four (4) additional years, conditioned
upon the right-of-way user's faithful performance of the provisions,
terms and conditions conferred by this Article.
C.
In
the event the City shall exercise its right to revoke the right-of-way
permit as permitted herein, then the City shall be entitled to recover
under the terms of said bonds the full amount of any loss occasioned.
A copy of the maintenance and performance bonds must be on file with
the City Clerk. No maintenance or performance bond will be required
of any residential property owner excavating or working in the right-of-way
adjacent to his/her residence who does not utilize a contractor to
perform the excavation or work.
D.
This Section shall not apply to installation and repair of driveways
and mailboxes.
[Ord. No. 3493 §2, 12-21-2015]
[Ord. No. 2195 §2, 8-1-2005]
As a condition of use of the rights-of-way, right-of-way user
at its sole cost and expense shall indemnify, protect, defend (with
counsel acceptable to the City) and hold harmless the City, its elected
officials, officers, employees and agents from and against any and
all claims, demands, losses, damages, liabilities, fines, charges,
penalties, administrative and judicial proceedings and orders, judgments,
remedial actions of any kind and all cost and expenses of any kind,
including, without limitation, reasonable attorney's fees and costs
of defense arising, directly or indirectly, in whole or in part, out
of the fact that the City approved an agreement or franchise with
right-of-way user, the rights granted to right-of-way user or the
activities performed or failed to be performed by right-of-way user
under the agreement or use of the rights-of-way or otherwise, except
to the extent arising from or caused by the sole or gross negligence
or willful misconduct of the City, its elected officials, officers,
employees, agents or contractors. This indemnification shall survive
the expiration or termination of any agreement or use of the rights-of-way
for a period of five (5) years after the effective date of expiration
or termination.
[Ord. No. 2195 §2, 8-1-2005]
A.
The
City may, after reasonable notice and an opportunity to cure, revoke
a right-of-way permit granted to a right-of-way user without a fee
refund if one (1) or more of the following occurs:
1.
A material violation of a provision of the right-of-way permit including
the violation of any provision of this Chapter or of any additional
provisions of a specific permit;
2.
An evasion or attempt to evade any material provision of the right-of-way
permit or the perpetration or attempt to perpetrate any fraud or deceit
upon the political subdivision or its citizens;
3.
A material misrepresentation of fact in the right-of-way permit application;
4.
A failure to complete excavation or work by the date specified in
the right-of-way permit, unless a right-of-way permit extension is
obtained or unless the failure to complete the excavation or work
is due to reasons beyond the right-of-way user's control;
5.
A failure to correct within the time specified by the City excavation
or work that does not conform to applicable national safety codes,
industry construction standards or applicable City Code provisions
or safety codes that are no more stringent than national safety codes
or provisions upon inspection and notification by the City of the
faulty condition.
B.
If
a right-of-way permit is revoked, the right-of-way user shall also
reimburse the City for the City's reasonable costs, including administrative
costs, restoration costs and the costs of collection and reasonable
attorneys' fees incurred in connection with such revocation.
[Ord. No. 2195 §2, 8-1-2005]
Any person violating any provision of this Chapter is guilty
of a public offense and upon conviction thereof shall be fined in
a sum of not less than two hundred dollars ($200.00) nor more than
five hundred dollars ($500.00). Every day that this Chapter is violated
shall constitute a separate offense. The City shall have all other
available remedies in addition to imposing such penalties.
[Ord. No. 2195 §2, 8-1-2005]
This Chapter shall be construed in a manner consistent with
all applicable Federal, State and local laws. Notwithstanding any
other provisions of this Chapter to the contrary, the construction,
operation and maintenance of the right-of-way user's facilities shall
be in accordance with all laws and regulations of the United States,
the State and any political subdivision thereof, or any administrative
agency thereof having jurisdiction. In addition, the right-of-way
user shall meet or exceed the most stringent technical standards set
by regulatory bodies, including the City, now or hereafter having
jursidiction. The right-of-way user's rights are subject to the Police
powers of the City to adopt and enforce ordinances necessary to the
health, safety and welfare of the public. The right-of-way user shall
comply with all applicable laws and ordinances enacted pursuant to
that power. The failure of the right-of-way user to comply with any
applicable law or regulation may result in a forfeiture of any permit
or authorization granted in accordance with this Chapter.
[Ord. No. 2195 §2, 8-1-2005]
In addition to any rights specifically reserved to the City
by this Chapter, the City reserves unto itself every right and power
which is required to be reserved by a provision of any ordinance under
any registration, permit or other authorization granted under this
Chapter and as may be authorized by Sections 67.1830 — 67.1846,
RSMo., and other authority applicable to regulation of the use of
the right-of-way. Notwithstanding anything to the contrary set forth
herein, the provisions of this Chapter shall not infringe upon the
rights of any person pursuant to any applicable State or Federal Statutes
including, but not limited to, any right that may exist to occupy
the right-of-way.
