[Ord. No. 2005-1 §1, 2-22-2005]
To the extent permitted by law, this Chapter shall apply to
all persons desiring to construct, operate or maintain facilities
in, along, across, under or over public rights-of-way within the City.
[Ord. No. 2005-1 §1, 2-22-2005]
For the purposes of this Chapter, the following terms, phrases,
words and abbreviations shall have the meanings given herein, unless
otherwise expressly stated. When not inconsistent with the context,
words used in the present tense include the future tense and vice
versa, words in the plural number include the singular number and
vice versa, and the masculine gender includes the feminine gender
and vice versa. The words "shall" and "will" are mandatory and "may" is permissive. Unless otherwise
expressly stated or clearly contrary to the context, terms, phrases,
words and abbreviations not defined herein shall be given the meaning
set forth in the City Code and, if not defined therein, their common
and ordinary meaning. For further convenience, the first (1st) letter
of terms, phrases, words and abbreviations defined in this Chapter
have been capitalized, but an inadvertent failure to capitalize such
letter shall not affect its meaning, nor shall the inadvertent capitalization
of the first (1st) letter of a term, phrase, word or abbreviation
not defined herein affect the meaning thereof.
The specific person applying for and receiving a permit under
this Chapter.
That form designed by the City Code Enforcement Officer which
an applicant must use to obtain a permit to conduct facilities work
across, over or under the City's right-of-way.
The City of Caruthersville, Missouri.
The City Code Enforcement Officer or his designee.
Any act by which earth, asphalt, concrete, sand, gravel,
rock or any other material in or on the ground is cut into, dug, uncovered,
removed or otherwise displaced by means of any tools, equipment or
explosives, except that any de minimis displacement or movement of
ground caused by pedestrian or vehicular traffic or any other activity
which does not disturb or displace surface conditions of the earth,
asphalt, concrete, sand, gravel, rock or any other material in or
on the ground shall not be deemed excavation.
Any conduit, duct, line, pipe, wire, hose, cable, culvert,
tube, pole, receiver, transmitter, satellite dish, micro call, Pico
cell, repeater, amplifier or other device, material, apparatus or
medium useable (whether actually used for such purpose or not) for
the transmission or distribution of any service or commodity installed
below or above ground within the public rights-of-way of the City,
whether used privately or made available to the public. Facilities
shall also include awnings and any support mechanisms for such awnings.
The installation of new facilities or any change, replacement,
relocation, removal, alteration or repair of existing facilities that
requires excavation within the public rights-of-way, except for the
occasional replacement of utility poles and related equipment at the
existing general location that does not involve either a street or
sidewalk cut.
A permit granted by the City Code Enforcement Officer to
do facilities work within the public rights-of-way.
An individual, partnership, association, joint stock company,
trust, organization, limited liability company, corporation or other
entity, or any lawful successor thereto or transferee thereof, but
such term does not include the City.
The surface, the air space above the surface and the area
below the surface of any public street, highway, lane, path, alley,
sidewalk, boulevard, drive, bridge, tunnel, parkway or other similar
property in which the City now or hereafter holds any property interest
which was dedicated as rights-of-way. No reference herein, or in any
permit, to public rights-of-way shall be deemed to be a representation
or guarantee by the City that its interest or other right to control
the use of such property is sufficient to permit its use for such
purposes. Public rights-of-way does not include the airwaves above
the rights-of-way with regard to cellular or other non-wire telecommunications
or broadcast services or easements obtained by utilities or private
easements in platted subdivisions or tracts.
[Ord. No. 2005-1 §1, 2-22-2005]
A.
All
building awnings in the Central Business Zone which extend over the
City's right-of-way shall conform to the following standards:
1.
All awnings shall be attached to and fully supported by the property
owner's building. No awning shall have vertical support structures
attached in any way to the City's sidewalk or right-of-way. No awning
shall have visible support structures extending above such awning.
2.
No part of any awning may extend more than five (5) feet into the
air space above the City's right-of-way and the outside edge of any
awning must be at least four (4) feet from a plane extending vertically
along the back of the adjoining street curb.
3.
The bottom of every awning must be at least nine (9) feet above the
level of the City's sidewalk below such awning.
4.
Every awning shall consist of an internal support frame covered by
either a metal, canvas or vinyl covering.
B.
Awnings
existing on the date of passage of this Chapter that are not supported
by the City sidewalk shall be permitted to remain over the City's
right-of-way, so long as such awnings are safe, remain in a good state
of repair and do not extend into the air space above the City's right-of-way
more than five (5) feet at a location that would cause them to interfere
with the installation of light poles as specified in the City's development
and engineering plan for the improvement of downtown streets and sidewalks.
[Ord. No. 2005-1 §1, 2-22-2005]
A.
Permit Requirements. Any Person desiring to conduct Facilities
Work within Public Rights-of-Way must first apply for and obtain a
Permit, in addition to any other building permit, license, easement
or authorization required by law, unless such Facilities Work must
be performed on an emergency basis, then the Person conducting the
work shall, as soon as practicable, notify the City of the location
of the work and apply for the required Permit by the third (3rd) business
day following the commencement of the Facilities Work.
1.
All Applications for Permits shall be submitted to the City Code
Enforcement Officer. The City Code Enforcement Officer shall design
and make available standard forms for such Applications, requiring
such information as the City Code Enforcement Officer determines to
be necessary, consistent with the provisions of this Chapter, to accomplish
the purposes of this Chapter.
2.
Each such Application shall be accompanied by payment of fees as
designated in this Chapter.
3.
The City Code Enforcement Officer shall review each Application for a Permit and, upon determining that the Applicant has authority to perform the desired Facilities Work and that the Applicant has submitted all necessary information and has paid the appropriate fee, shall issue the Permit, except as provided in Subsection (4). In order to avoid excessive processing and accounting costs to either the City or the Applicant, the City Code Enforcement Officer shall have authority to establish procedures for bulk processing of Applications and periodic payment of fees.
4.
It is the intention of the City that disruption of the Public Rights-of-Way
should be minimized. Upon receipt of an Application for a Permit,
the City Code Enforcement Officer shall do the following:
a.
Evaluate the degree of excavation necessary to perform the Facilities
Work in the Right-of-Way and determine whether the excavation will
be more than minor in nature. If the Applicant can show to the City
Code Enforcement Officer's reasonable satisfaction that the Facilities
Work involves any of the following:
(1)
No significant disruption or damage to the Public Rights-of-Way,
or
b.
For circumstances where the City Code Enforcement Officer determines that there will be significant excavation of the Public Rights-of-Way and no exemption under Subsection (4)(a) or any other provision of this Section applies, the City Engineer may, consistent with the time requirements set forth in Section (3) and in the Permit, direct Permit holders performing Facilities Work in the same area to consult on how they may schedule and coordinate their work to accomplish the goal of this Section.
5.
Each Permit shall include projected commencement and termination
dates or, if such dates are unknown at the time the Permit is issued,
a provision requiring the Permit holder to provide the City Code Enforcement
Officer with reasonable advance notice of such dates once they are
determined; length of Public Rights-of-Way; number of road crossings;
information regarding scheduling and coordination of Facilities Work
if applicable; and location of Facilities.
6.
The City Code Enforcement Officer may include in Permits such conditions
and requirements as are reasonably necessary to protect structures
and Facilities in the Public Rights-of-Way from damage and for the
proper restoration of such Public Rights-of-Way, structures and Facilities
and for the protection of the public and the continuity of pedestrian
and vehicular traffic.
7.
The City may deny a permit application for the following reasons
if deemed in the public's interest:
a.
Undisputed past due fees from prior permits,
b.
Failure to return the right-of-way to its previous condition under
previous permits,
c.
Undue disruption to existing utilities, transportation or City use,
d.
Area is environmentally sensitive as defined by State or Federal
Statute,
e.
Failure to provide required information, and
f.
The applicant is in violation of the provisions of this Chapter.
8.
Applicant may appeal any final decision of the City Code Enforcement
Officer to the Board of Adjustment.
9.
Applicant must pay the following fees: Any fees collected pursuant
to this Section will be used only to reimburse the City for its actual
incurred cost of managing the rights-of-way and will not be used to
generate revenue to the City above such costs. The City may not require
or accept in-kind services in lieu of any fee.
a.
Permit fee. A fee charged to recover the City's
actual costs for an applicant's Facilities Work in the right-of-way
including the costs of processing permits, inspections and administration
of this Chapter, excluding legal fees relating to the interpretation
or enforcement of this Chapter including all such appeals. The permit
fee is one hundred dollars ($100.00).
B.
Applicant Subject To Other Laws, Police Power.
1.
An Applicant shall at all times be subject to all lawful exercise
of the Police powers of the City including, but not limited to, all
powers regarding zoning, supervision of construction and control of
Public Rights-of-Way.
2.
No action or omission of the City shall operate as a future waiver
of any rights of the City under this Chapter.
3.
The City shall have the maximum plenary authority to regulate Applications,
Permits and Facilities Work as may now or hereafter be lawfully permissible.
Except where rights are expressly granted or waived by a Permit, they
are reserved, whether or not expressly enumerated. This Chapter may
be amended from time to time and in no event shall this Chapter be
considered a contract between the City and an Applicant such that
the City would be prohibited from amending any provision hereof.
[Ord. No. 2005-1 §1, 2-22-2005]
A.
Oversight Of Facilities Work.
1.
An Applicant shall construct, operate and maintain Facilities subject
to the supervision of all of the authorities of the City who have
jurisdiction in such matters, and in strict compliance with this Chapter,
all applicable zoning and construction permitting ordinances, departmental
rules and regulations.
2.
Facilities Work shall be subject to periodic inspection by the City.
3.
The City Code Enforcement Officer shall have full access to all portions
of Facilities Work and may issue stop work orders and corrective orders
to prevent unauthorized work. Such corrective or stop work orders
shall state that work not authorized by the Permit is being carried
out, summarize the unauthorized work and provide a period of not longer
than thirty (30) days to cure the problem, which cure period may be
immediate if certain activities must be ceased to protect the public
safety, and may be delivered personally or by certified mail to the
address listed on the Application for Permit or to the person in charge
of the construction site at the time of delivery. Such orders may
be enforced by equitable action in the Circuit Court of Pemiscot County,
Missouri, and if the City prevails in such case, the Person involved
in the Facilities Work shall be liable for all costs and expenses
incurred by the City, including reasonable attorney's fees, in enforcing
such orders, in addition to any and all penalties established in this
Chapter.
4.
Any Person who engages in Facilities Work in the Public Rights-of-Way
and who has not received a valid Permit from the City shall be subject
to all requirements of this Chapter. Except in those instances where
Facilities Work must be performed on an emergency basis, the City
may, in its discretion, at any time until a Permit is secured, order
the Facilities Work ceased and do any of the following: require such
Person to apply for a Permit within thirty (30) days of receipt of
a written notice from the City that a Permit is required; require
such Person to remove its property and restore the affected area to
a condition satisfactory to the City or take any other action it is
entitled to take under applicable law including, but not limited to,
filing for and seeking damages for trespass.
B.
Construction Standards.
1.
The construction, operation, maintenance and repair of Facilities
shall be in accordance with applicable health, safety and construction
codes.
2.
All Facilities shall be installed and located with due regard for
minimizing interference with the public and with other utility users
of the rights-of-way, including the City.
3.
An Applicant shall not place Facilities where they will damage or
interfere with the use or operation of previously installed Facilities
or obstruct or hinder the various utilities serving the residents
and businesses in the City of their use of any Public Rights-of-Way.
4.
Any and all Public Rights-of-Way disturbed or damaged during the
Facilities Work shall be promptly repaired or replaced by the Applicant
to its previous condition.
5.
Any contractor or subcontractor used for Facilities Work must be
properly licensed under laws of the State and all applicable local
ordinances, and each contractor or subcontractor shall have the same
obligations with respect to its work as an Applicant would have hereunder
and applicable laws if the work were performed by the Applicant. The
Applicant shall be responsible for ensuring that the work of contractors
and subcontractors is performed consistent with its Permits and applicable
law, shall be fully responsible for all acts or omissions of contractors
or subcontractors, and shall be responsible for promptly correcting
acts or omissions by any contractor or subcontractor.
[Ord. No. 2005-1 §1, 2-22-2005]
A.
Performance Bond.
1.
Prior to any Facilities Work in the Public Rights-of-Way, an Applicant
shall establish in the City's favor a performance bond in an amount
determined by non-discriminatory regulations promulgated by the City
Code Enforcement Officer as necessary to ensure the Applicant's faithful
performance of the Facilities Work. Differences in bond requirements,
including provisions for self-insurance or provisions for a single
continuing bond where Facilities Work is conducted by the same Applicant
under numerous permits, may be established by regulation based on
the extent or nature of the Facilities Work, the past performance
of the applicant and not based on the characteristics of the applicant.
In lieu of a performance bond, applicant may provide an acceptable
substitute with the approval of the City Code Enforcement Officer.
2.
In the event an Applicant fails to complete the Facilities Work in
a safe, timely and competent manner, there shall be recoverable, jointly
and severally from the principal and surety at the bond, any damages
or loss suffered by the City as a result, plus a reasonable allowance
for attorneys fees, up to the full amount of the bond.
3.
Upon completion of the Facilities Work to the satisfaction of the
City Code Enforcement Officer, the City Code Enforcement Officer shall
eliminate the bond or reduce its amount after a time appropriate to
determine whether the work performed was satisfactory, which time
shall be established by the City Code Enforcement Officer considering
the nature of the work performed.
4.
A performance bond shall be issued by a surety acceptable to the
City and shall contain the following endorsement: "This bond may not
be canceled or allowed to lapse until sixty (60) days after receipt
by the City, by certified mail, return receipt requested, of a written
notice from the issuer of the bond of intent to cancel or not to renew."
5.
Applicant shall, at its sole cost and expense, indemnify, hold harmless
and defend the City, its officials, boards, board members, commissions,
commissioners, agents, and employees against any and all claims, suits,
causes of action or proceedings, and judgments for damages or equitable
relief which are caused by the acts, errors and omissions of Applicant
arising out of the construction and maintenance of its Facilities.
6.
Recovery by the City of any amounts under the performance bond or
otherwise does not limit an Applicant's duty to indemnify the City
in any way, nor shall such recovery relieve an Applicant of its obligations
under a Permit or reduce the amounts owed to the City other than by
the amounts recovered by the City under the performance bond, or in
any respect prevent the City from exercising any other right or remedy
it may have.
B.
Penalties. For each violation of provisions of this Chapter
or a Permit granted pursuant to this Chapter as to which the City
has given notice to Applicant as provided in this Chapter, penalties
may be chargeable to the Applicant at a rate not exceeding one hundred
dollars ($100.00) per day for so long as the violation continues.
[Ord. No. 2005-1 §1, 2-22-2005]
A.
Compliance With Laws. Each Applicant shall comply with all
applicable City ordinances, resolutions, rules and regulations heretofore
and hereafter adopted or established.
B.
Franchises Not Superseded. Nothing herein relieves the City
from any obligations under an existing franchise. Nothing herein shall
be deemed to relieve an Applicant of the provisions of an existing
franchise, license or other agreement or Permit.
C.
Rights And Remedies.
1.
The exercise of one remedy under this Chapter shall not foreclose
use of another, nor shall the exercise of a remedy or the payment
of damages or penalties relieve an Applicant of its obligations to
comply with its Permits. Remedies may be used alone or in combination;
in addition, the City may exercise any rights it has at law or equity.
2.
The City hereby reserves to itself the right to intervene in any
suit, action or proceeding involving any provisions of this Chapter.
3.
No Applicant shall be relieved of its obligation to comply with any
of the provisions of this Chapter by reason of any failure of the
City to enforce prompt compliance.
D.
Incorporation By Reference. Any Permit granted pursuant
to this Chapter shall by implication include a provision that shall
incorporate by reference this Chapter into such Permit as fully as
if copied therein verbatim.
E.
Force Majeure. An Applicant shall not be deemed in violation
of provisions of this Chapter where performance was rendered impossible
by war or riots, civil disturbances, floods or other natural catastrophes
beyond the Applicant's control and a Permit shall not be revoked or
an Applicant penalized for such non-compliance, provided that the
Applicant takes immediate and diligent steps to bring itself back
into compliance and to comply as soon as possible under the circumstances
with its Permit without unduly endangering the health, safety and
integrity of the Applicant's employees or property, the public, Public
Right-of-Way, public property or private property.
F.
Calculation Of Time. Unless otherwise indicated, when the
performance or doing of any act, duty, matter or payment is required
under this Chapter or any Permit, and a period of time is prescribed
and is fixed herein, the time shall be computed so as to exclude the
first (1st) and include the last day of the prescribed or fixed period
of time.
G.
Severability. If any term, condition or provision of this
Chapter shall, to any extent, be held to be invalid or unenforceable,
the remainder hereof shall be valid in all other respects and continue
to be effective. In the event of a subsequent change in applicable
law so that the provision that has been held invalid is no longer
invalid, said provisions shall thereupon return to full force and
effect without further action by the City and shall thereafter be
binding on the Applicant and the City.
[Ord. No. 2005-1 §1, 2-22-2005]
The provisions hereof shall specifically apply to any lands
or property annexed as of the date of such annexation.
[Ord. No. 2005-1 §1, 2-22-2005]
Whenever, by reason of changes in the grade or widening of a
street or in the location or manner of constructing a water pipe,
drainage channel, sewer or other City-owned underground or above ground
structure, it is deemed necessary by the City to move, alter, change,
adapt or conform the underground or above ground facilities of user,
user shall make the alterations or changes on alternative right-of-way
provided by the City, if available, as soon as practicable after being
so ordered in writing by the City without claim for reimbursement
or damages against the City.
[Ord. No. 2005-1 §1, 2-22-2005]
Any standards in this Chapter relating to Facilities Work shall
be fully applicable to work performed by the City and its departments.
[Ord. No. 2005-1 §1, 2-22-2005]
Nothing contained herein shall in any manner be deemed or construed
to alter, modify, supersede, supplement or otherwise nullify any other
ordinances of the City or requirements thereof, whether or not relating
to or in any manner connected with the subject written hereof, unless
expressly provided otherwise herein or hereafter.
