[Ord. No. 1992 §1, 8-17-1998]
No person shall commence or continue with the operation of utility
facilities within the City except as provided in this Chapter.
[Ord. No. 1992 §1, 8-17-1998]
All occupants are obligated to follow any and all applicable
Federal and State standards, laws, rules and regulations governing
the operations of their respective industries. The City is absolved
of any responsibilities or liabilities should any such Federal and
State standards, laws, rules or regulations not be followed.
[Ord. No. 1992 §1, 8-17-1998]
No person shall occupy any space within any right-of-way without
first obtaining either a license or franchise.
[Ord. No. 1992 §1, 8-17-1998]
An occupant or any person acting on their behalf shall take
due care so as not to damage any City property, rights-of-way of the
City, or other property located in, on or adjacent to such properties.
If such damage occurs, the occupant shall cause appropriate repairs
to be made, at the occupant's cost. At a minimum, appropriate repairs
will repair all damage to the same condition as existed before such
damage occurred as judged by the Director.
[Ord. No. 1992 §1, 8-17-1998]
No person may locate or maintain its utility facilities so as
to interfere with the use of the rights-of-way by the City, by the
general public, or by other persons authorized to use or be present
in or upon the rights-of-way. All such facilities shall be moved by
the occupant, temporarily or permanently, at the occupant's cost,
and within an appropriate time frame as determined by the Director.
[Ord. No. 1992 §1, 8-17-1998]
When requested by the Director or his/her designee, each occupant
shall provide the City with an accurate map or maps certifying the
location of their facilities as requested. Said maps will be made
available in AUTOCAD, DXF or AUTOCAD-DWG automated formats if available
and, in any event, a hard copy thereof shall be provided to the City.
[Ord. No. 1992 §1, 8-17-1998]
The City shall have the power to prohibit or limit the placement
of new or additional equipment within the right-of-way if there is
insufficient space to accommodate all of the requests of potential
occupants. In making such decisions, the City shall strive to the
extent possible to accommodate all existing and potential users of
the right-of-way, but shall be guided primarily by considerations
of the public interest, public health and safety, the public's priority
needs for the particular utility service, the condition of the right-of-way,
the time of year with respect to essential utilities, the protection
of existing equipment in the right-of-way, and future City plans for
public improvements and development projects which have been determined
to be in the public interest.
[Ord. No. 1992 §1, 8-17-1998]
A.
Within
ten (10) days unless extended or modified by the Director of a written
request from the City, each person shall furnish the City with information
sufficient to demonstrate that occupant has complied with all requirements
of this Chapter.
B.
All
books, records, maps and other documents maintained by the occupant
with respect to its facilities within the rights-of-way shall be made
available for inspection by the City at reasonable times and intervals.
[Ord. No. 1992 §1, 8-17-1998]
A.
All
occupants are required to cooperate with the City and with each other,
inclusive of the consideration of the following:
1.
Occupants shall provide the City with a schedule of their proposed
construction activities in and around, or that may affect the rights-of-way.
2.
Each occupant shall meet with the City and other occupants and users
of the rights-of-way to schedule and coordinate construction in the
rights-of-way.
3.
All construction locations, activities and schedules shall be coordinated
as ordered by the Director to minimize public inconvenience, disruption
or damages.
[Ord. No. 1992 §1, 8-17-1998]
A.
Missouri One-Call Service. All occupants shall use the Missouri
One-Call services to locate all utilities prior to excavating within
the right-of-way.
B.
Relocation Or Removal Of Facilities. Within thirty (30)
days, unless extended or modified by the Director, following written
notice from the City, an occupant shall, at its own expense, temporarily
or permanently remove or relocate, change or alter the position of
any facilities within the rights-of-way whenever the City has determined
that such removal, relocation, change or alteration is reasonably
necessary for:
C.
Occupant Compensation For Relocation. Any occupant which
needs to relocate its facilities at the request of another occupant
may be compensated for relocation expenses by the occupant requesting
relocation. Appropriate compensation will be determined by the occupants
and will not be a matter for the City to determine.
D.
Removal Of Unauthorized Facilities. Within thirty (30) days,
unless extended or modified by the Director, following written notice
from the City, any occupant or other person that owns, controls or
maintains any unauthorized system, facility or related appurtenances
within the rights-of-way of the City shall, at its own expense, remove
such facilities or appurtenances from the rights-of-way of the City.
A system or facility is unauthorized and may be subject to removal
in the following circumstances:
1.
Upon expiration or termination of an occupant's license or franchise.
2.
Upon abandonment of a facility within the rights-of-way of the City.
3.
If the system or facility was constructed or installed without the
prior grant of a license or franchise.
4.
If the system or facility was constructed or installed without the
prior issuance of any required construction permit after August 17,
1998.
5.
If the system or facility was constructed or installed at a location
not permitted by the occupant's license or franchise after August
17, 1998.
E.
Emergency Removal Or Relocation Of Facilities. The City
retains the right and privilege to cut or move any facilities located
within the rights-of-way of the City, as the City may determine to
be necessary, appropriate or useful in response to any public health
or safety emergency if the utility is unable to timely respond; provided
however, that the City will use only trained and qualified personnel
for the work. The City will notify the affected utilities of any such
actions within a reasonable time thereafter.
F.
Permit Not Required. Removal or relocation of facilities
as described above is exempt from the requirement of obtaining an
excavation permit. However, all requirements regarding restoration
as are anywhere stated in this Chapter, where a permit is required,
are still applicable.
[Ord. No. 1992 §1, 8-17-1998]
A.
Maintenance Of Facilities. Each occupant shall maintain
its facilities in good and safe condition and in a manner that complies
with all applicable Federal, State and local requirements.
B.
Notice Of Work. No occupant nor any person acting on the
occupant's behalf, shall commence any non-emergency excavation work
in or about the rights-of-way of the City without ten (10) working
days' advance notice to the City.
C.
Emergency Authority. Notwithstanding the provisions of this
Section, in the event of an emergency caused by a telephone or power
line break, sewer or water line break or gas line break affecting
service or resulting in major failure of service, where it is essential
for the protection of public property, health and safety, it shall
be permissible to conduct excavations, open manholes, place new utility
poles, backfill, repair operations or paving in the roadway of any
street in the City during any period of the day, provided that the
work is prosecuted continuously until the period of emergency has
terminated, whereupon the provisions of this Section shall again become
effective. The Director shall be the person responsible for declaring
when such emergency has terminated. The Police Department shall be
promptly notified of any emergency work performed herein on any City
street.
D.
Tree Trimming. Any utility with overhead facilities must
have on file with the City a set of tree trimming standards. Utilities
will be allowed to trim trees and shrubbery upon and overhanging streets
and other public property so as to prevent branches and foliage from
coming in contact with the wires, cables and other public facilities
of the utility based upon the preapproved set of standards. Care will
be exercised to prevent unnecessary trimming so as to protect any
aesthetic benefits of the presence of certain trees and shrubbery.
Such trimming shall be at the expense of the utility. Utilities mutually
benefited by such trimming within shared right-of-way may share the
expense in any manner determined by the utilities involved. It shall
be unlawful as a normal practice for any utility, firm or person to
top any tree on public property.
E.
Restoration.
1.
When an occupant or any person acting on its behalf does any work
in or affecting any rights-of-way or City property, it shall at its
own expense promptly restore such ways or property to as good a condition
as existed before the work was undertaken unless otherwise directed
by the City.
2.
If weather or other conditions do not permit the complete restoration
required by this Section, the occupant shall temporarily restore the
affected ways or property. Such temporary restoration shall be at
the occupant's sole expense and the occupant shall promptly undertake
and complete the required permanent restoration when the weather or
other conditions no longer prevent such permanent restoration.
F.
Limitation Of Liability. Unless directly caused by the willful,
intentional or malicious acts by the City, the City shall not be liable
for any damage to, or loss of any facility within the rights-of-way
of the City as a result of, or in connection with, any public works,
public improvements, construction, excavation, grading, filling, or
work of any kind in the rights-of-way by, or on behalf of the City.
