City of Oak Grove, MO
Jackson County
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Table of Contents
Table of Contents
[Ord. No. 1527 §1, 8-7-2006]
This Article 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 ROW 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 ROW user shall meet or exceed the most stringent technical standards set by regulatory bodies, including the City, now or hereafter having jurisdiction. The ROW 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 ROW user shall comply with all applicable laws and ordinances enacted pursuant to that power. Finally, failure of the ROW user to comply with any applicable law or regulation may result in a forfeiture of any permit, registration or authorization granted in accordance with this Article.
[Ord. No. 1527 §1, 8-7-2006]
The City's failure to enforce or remedy any non-compliance of the terms and conditions of this Article or of any right-of-way permit granted hereunder shall not constitute a waiver of the City's rights nor a waiver of any person's obligation as herein provided.
[Ord. No. 1527 §1, 8-7-2006]
In addition to any rights specifically reserved to the City by this Article, 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 Article. The City shall have the right to waive any provision of this Article or any registration, permit or other authorization granted thereunder, except those required by Federal or State law, if the City determines as follows:
That it is in the public interest to do so; and
That the enforcement of such provision will impose an undue hardship on the person.
To be effective, such waiver shall be evidenced by a statement in writing signed by a duly authorized representative of the City. Further, the City hereby reserves to itself the right to intervene in any suit, action or proceeding involving the provisions herein. Notwithstanding anything to the contrary set forth herein, the provisions of this Article shall not infringe upon the rights of any person pursuant to any applicable State or Federal Statutes including, but not limited to, the right to occupy the right-of-way.