[Ord. No. 1527 §1, 8-7-2006]
A.
The
ROW user shall coordinate the placement of facilities in a manner
that minimizes adverse impact on any public improvement as reasonably
determined by the City. Where placement is not regulated, the facilities
shall be placed with adequate clearance from such public improvements
so as not to impact or be impacted by such public improvement.
B.
All
facilities shall be located and laid so as not to disrupt or interfere
with any pipes, drains, sewers, irrigation systems or other structures
or public improvements already installed. In addition, the ROW user
shall, in doing excavation or work in connection with its facilities,
avoid, so far as may be practicable, disrupting or interfering with
the lawful use of the streets, alleys, sidewalks or other public lands
of the City.
C.
All
facilities of the ROW user shall be placed so that they do not interfere
with the use of right-of-way and public lands. The City, through its
City Inspector, shall have the right to consult and review the location,
design and nature of the facility prior to installation.
D.
The
ROW user shall not interfere with the facilities and structures of
the other ROW users without their permission. If and when the City
requires or negotiates to have a ROW user cease using its existing
poles and to relocate its facilities underground, all other ROW users
using the same poles shall also relocate their facilities underground
at the same time. The cost of such relocation shall be borne in accordance
with this Article and the Commission approved applicable tariff governing
that ROW user.
E.
All
facilities and other appurtenances laid, constructed and maintained
by the ROW user shall be laid, constructed and maintained in accordance
with acceptable engineering practice and in full accord with any and
all applicable engineering codes adopted or approved by the City,
the Code, applicable Statutes of the State of Missouri and rules and
regulations of the FCC, the Commission or any other local, State or
Federal agency having jurisdiction over the ROW user.
F.
The
ROW user shall cooperate promptly and fully with the City and take
all reasonable measures necessary to provide accurate and complete
on-site information regarding the nature and location of its facilities
within the right-of-way, both underground and overhead, when requested
by the City or its authorized agent for a public improvement. Such
location and identification shall be at the sole expense of the ROW
user without any expense to the City, its employees, agents or authorized
contractors.
G.
Unless
otherwise agreed to by the City and the ROW user by license, agreement
or permit, the City shall not be liable for any damage to or loss
of any of the ROW user's facilities within the right-of-way unless
the damage is the result of the sole negligence or willful, intentional
or malicious acts or omissions of the City.
[Ord. No. 1527 §1, 8-7-2006]
A.
In
the event that the ROW user shall sell, lease, assign, sublet or dispose
of its facilities or any portion thereof that are located in the right-of-way
or any right, title or interest in the same or transfer any rights
granted by the City to any person either by forced or involuntary
sale or by ordinary sale, consolidation or otherwise, the ROW user
shall notify the City of the same. In such case, the buyer, transferee,
lessee or assignee shall be subject to all provisions of this Article,
including the requirement to register. This provision shall not apply
to the sale of property or equipment in the normal course of business
or to the sale or lease of facilities to reseller ROW users. No notice
to the City shall be required for a transfer in trust, mortgage or
other similar instrument, in whole or in part, to secure an indebtedness
or for a pro forma transfer to a corporation, partnership or other
entity controlling, controlled by or under common control with the
ROW user.
B.
A ROW
user may permit and has the authority to sell, sublet or lease any
use of excess capacity and sell services for resale to any reseller
service provider providing service within the City, including the
ROW user's subsidiary or affiliate. The reseller service provider
shall first register and obtain any necessary permit, license, certification,
grant, registration, franchise agreement or any other authorization
required by any appropriate governmental entity including, but not
limited to, the City, the FCC or the Commission. The ROW user shall
also provide the City, on at least a semi-annual basis, the identity
of entities with which the ROW user has entered into an interconnection
and/or resale agreement within the City.
This notice will not relieve the reseller service provider from
its own obligation to register and obtain any necessary franchise
with the City. Nothing in this Article shall prevent a facility based
service provider from providing to any reseller service provider the
use of the facility based service provider's facilities in the right-of-way
as authorized by Federal or State law.
[Ord. No. 1527 §1, 8-7-2006]
The City Inspector may designate specific utility corridors
by assigning specific locations for each type of facility that is
currently or that the City Inspector expects will someday be located
within the right-of-way. All right-of-way permits issued by the City
Inspector shall indicate the proper location for the ROW user's facilities.
Specific locations may be specified by the City and can include reservation
of space for any planned or future anticipated uses of the City in
its sole discretion.
[Ord. No. 1527 §1, 8-7-2006]
If, in the preparation and planning of a public improvement,
the City Inspector deems it appropriate for a conduit to be constructed
by the City along, across or under the right-of-way, the City Inspector
shall contact all appropriate ROW users for their input on the planning
and design of such conduit. If a ROW user desires to construct, maintain
or operate facilities along such right-of-way concurrently, the City
Inspector may allow the ROW user to use such conduit if the ROW user
agrees to contribute to the expense of such conduit.
[Ord. No. 1527 §1, 8-7-2006]
A.
Applicants
may apply jointly for right-of-way permits to excavate the right-of-way
at the same time and place. Applicants who apply jointly for a right-of-way
permit may share in the payment of the right-of-way permit fee. Applicants
must agree among themselves as to the portion each shall pay.
B.
The
ROW user shall participate in any joint planning, construction and
advance notification of excavation or work, including coordination
and consolidation of excavation or work as required by the City Inspector.
In addition, the ROW user shall cooperate with other ROW users and
the City for the best, most efficient, most aesthetic and least obtrusive
use of the right-of-way.
[Ord. No. 1527 §1, 8-7-2006]
A.
A ROW
user shall promptly relocate or adjust any facilities located in the
right-of-way as directed by the City for a public improvement. The
ROW user shall promptly remove, relocate or adjust any facilities
located in the right-of-way as directed by the City which create a
threat to public safety. Such removal, relocation or adjustment shall
be performed by the ROW user at the ROW user's sole expense without
expense to the City, its employees, agents or authorized contractors
and shall be specifically subject to rules, regulations and schedules
of the City pertaining to such. The ROW user shall proceed with the
removal, relocation or adjustment of facilities with due diligence
upon notice by the City to begin removal, relocation or adjustment.
B.
The
ROW user shall promptly relocate or adjust any facilities located
in private easements for the construction of a public improvement
at the cost of the ROW user if:
1.
The City has condemned the private easement or the City has purchased
from the ROW user the portion of the private easement necessary for
the public improvement; and
2.
The City has compensated the ROW user, through the condemnation,
purchase process or other means of compensation, for the cost of relocation
of the ROW user's facilities.
C.
As
soon as the City has prepared working drawings available for public
improvements that will require the ROW user to relocate or adjust
its facilities, the City shall provide the ROW user with written notice
of required relocations or adjustments, the anticipated bid letting
date of the public improvement and notice of the deadline for completion
of the relocations or adjustments. The ROW user shall respond with
any conflicts and a proposed construction schedule within thirty (30)
days, subject to approval by the City Inspector.
D.
Following
delivery of final design plans for such public improvements, the ROW
user shall relocate or adjust its facilities in accordance with the
schedule set by the City Inspector, provided the project is not delayed
by adverse weather conditions and other factors beyond the control
of the ROW user. The ROW user shall certify to the City, in writing,
that its facilities have been relocated or adjusted in accordance
with project plans provided by the City so as to allow the City and
its contractors to proceed with the public improvement.
E.
If
any facilities are not relocated in accordance with this Section,
the City or its contractors may relocate the facilities. The ROW user
and its surety shall be liable to the City for any and all costs incurred
by the City.
F.
In
the event the ROW user is required to move its facilities in accordance
with this Section, any ordinary right-of-way permit fee shall be waived.
G.
It
is the intent of this Section for both the City and the ROW user to
cooperate with one another so that the need for facility relocation
is minimized and, when required and feasible, relocations may be completed
prior to receipt of bids by the City for a public improvement.
[Ord. No. 1527 §1, 8-7-2006]
A.
A ROW
user owning abandoned facilities in the right-of-way must notify the
City of its intent to abandon the facilities and must either:
1.
Remove its facilities and replace or restore any damage or disturbance
caused by the removal at its own expense. The City Inspector may allow
underground facilities or portions thereof to remain in place if the
City Inspector determines that it is in the best interest of public
safety to do so. At such time, the City may take ownership and responsibility
of such abandoned facilities left in place; or
2.
Provide information satisfactory to the City that the ROW user's
obligations for its facilities in the right-of-way have been lawfully
assumed by another authorized ROW user; or
3.
Submit to the City a proposal and instruments for transferring ownership
of its facilities to the City. If the ROW user proceeds under this
Subsection, the City may, at its option, purchase the equipment, require
the ROW user, at its own expense, to remove it or require the ROW
user to post a bond in an amount sufficient to reimburse the City
for reasonable anticipated costs to be incurred to remove the facilities,
except as otherwise provided herein.
B.
If
the City discovers abandoned facilities in its right-of-way and the
owner of the abandoned facilities fails to respond within thirty (30)
days to a written notice sent by the City stating that the City considers
the facilities abandoned or the City is unable to locate the owner
of the abandoned facilities after reasonable attempts, the City shall
deem the facilities to be abandoned, unless the City receives confirmation
that the ROW user intends to use the facilities. Abandoned facilities
are deemed to be a nuisance. The City may exercise any remedies or
rights it has at law or in equity including, but not limited to:
[Ord. No. 1527 §1, 8-7-2006]
A.
If
the City vacates a right-of-way which contains the facilities of a
ROW user, the vacation requires the relocation of facilities and:
1.
Vacation proceedings are initiated by the ROW user and then the ROW
user must pay the relocation costs.
2.
Vacation proceedings are initiated by the City and then the ROW user
must pay the relocation costs unless otherwise agreed to by the City
and the ROW user.
3.
Vacation proceedings are initiated by a person other than the ROW
user or the City and then such other person must pay the relocation
costs, unless otherwise agreed.
