[Ord. No. 1992 §1, 8-17-1998]
A.
The
purpose and intent of this Chapter is to:
1.
Clarify and regulate conditions of occupancy and construction for
those utilities occupying space within the City's right-of-way given
the anticipated increased use of right-of-way by various utilities
throughout the country;
2.
Treat each utility occupant equitably and also with considerations
that may be unique to the technologies of each particular utility;
and
3.
Minimize disruption or inconvenience to the public.
[Ord. No. 1992 §1, 8-17-1998]
For the purpose of this Chapter, and the interpretation and
enforcement thereof, the following words and phrases shall have the
following meanings, unless the context of the sentence in which they
are used shall indicate otherwise:
Those facilities owned by the occupant that are not in use
and will not be utilized in the future.
The City of Pleasant Valley, Missouri.
Director of Public Works, City of Pleasant Valley, Missouri;
or any person so designated to represent the Director for purposes
of this Chapter.
The creation of a hole or trench within the right-of-way
for the purpose of maintenance, repair, replacement or installation
of any utility facilities underground or the installation of utility
poles.
See "UTILITY" and "UTILITY FACILITIES".
The rights and obligations extended by the City to a person,
corporation, association, firms, partnerships or others to occupy
City rights-of-way for the purpose of providing any form of utility
service to any person or area within the City's limits and boundaries.
The rights and obligations extended by the City to a person,
corporation, association, firms, partnerships or others to use and
occupy City rights-of-way for the purpose of providing any form of
utility service to any person or area outside the City's limits and
boundaries.
Any utility, franchise holder, license holder or person using
any right-of-way for purposes of providing utility services.
Utility poles, utility facilities and telecommunications
facilities located above the surface of the ground, including the
underground supports and foundations for such facilities.
A permit allowing for the construction or installation of
utility facilities within the City's rights-of-way.
Holder of a construction permit for purposes of installing
utility facilities within the City's rights-of-way.
Includes corporations, companies as associations, joint stock
companies or associations, firms, partnerships, limited liability
companies and individuals and includes their lessors, trustees and
receivers.
Any highway, street, alley or other public right-of-way for
motor vehicle travel under the jurisdiction and control of the City
which has been acquired, established, dedicated or devoted to highway
purposes not inconsistent with utilities facilities.
The surface and space above and below a public roadway, highway,
street, cartway, bicycle lane and public sidewalk in which the City
has an interest, including other dedicated rights-of-way for travel
purposes and utility easements of the City.
The State of Missouri.
The transmission, between or among points as specified by
the user, of information of the user's choosing, without change in
the form or content of the information as sent and received.
Utility facilities located under the surface of the ground,
excluding the underground foundations or supports for overhead facilities.
Includes any corporations, companies as associations, joint
stock companies or associations, firms, partnerships, limited liability
companies and individuals and includes their lessors, trustees and
receivers; which provide telecommunications, electric, natural gas,
water or other such services to their customers. For purposes of this
Chapter, this does not include sewer services provided by the City.
Any easement owned by the City and acquired, established,
dedicated or devoted for public utility purposes consistent with telecommunications
facilities.
The plant, equipment and property, including but not limited
to the poles, pipes, mains, conduits, ducts, cables, wires, plant
and equipment located under, on or above the surface of the ground
within the rights-of-way of the City and used or to be used for the
purpose of providing utility services.
[Ord. No. 1992 §1, 8-17-1998]
A.
This
Chapter shall be in addition to any existing franchise agreement except
in those instances where this Chapter and an existing franchise agreement
are specifically inconsistent with like provisions of occupancy or
construction and excavation within the City's rights-of-way until:
[Ord. No. 1992 §1, 8-17-1998]
Unless otherwise provided in a license or franchise agreement,
all utilities are subject to the requirements of this Chapter.
[Ord. No. 1992 §1, 8-17-1998]
Any person found guilty of violating, disobeying, omitting, neglecting or refusing to comply with any of the provisions of this Chapter shall be fined in accordance with Section 100.250 of this Code for each offense. A separate and distinct offense shall be deemed committed each day on which a violation occurs or continues.
[Ord. No. 1992 §1, 8-17-1998]
Nothing in this Chapter shall be construed as limiting any judicial
remedies that the City may have, at law or in equity, for enforcement
of this Chapter.
[Ord. No. 1992 §1, 8-17-1998]
If any Section, Subsection, sentence, clause, phrase or other
portion of this Chapter, or its application to any person is, for
any reason, declared invalid, in whole or in part, by any court or
agency of competent jurisdiction, said decision shall not affect the
validity of the remaining portions thereof.
