The following words, terms, and phrases,
when used in this Article, shall have the meanings given to them in
this Section, except where context clearly indicates a different meaning:
ABANDONED EQUIPMENT OR FACILITIES
Any equipment, materials, apparatuses, devices or facilities
that are:
1.
Declared abandoned by the owner of
such equipment or facilities;
2.
No longer in active use, physically
disconnected from a portion of the operating facility or any other;
or
3.
Facility that is in use or in service,
and no longer capable of being used for the same or similar purpose
for which the equipment, apparatuses or facilities were installed.
APPLICANT
Any person requesting permission to occupy or operate facilities
using the rights-of-way, or to work, excavate, or locate facilities
in the rights-of-way.
CHARTER
The Charter of the City of Blue Springs, Missouri.
CITY
The City of Blue Springs, Missouri, a municipal corporation
and any duly authorized representative.
CITY COUNCIL
The City Council of the City of Blue Springs, Missouri.
CITY ENGINEER
The City Engineer of Blue Springs, Missouri, or an authorized
representative.
CODE
The Code of Ordinances of the City of Blue Springs, Missouri.
COMMISSION
The Missouri Public Service Commission.
CONSTRUCT
Includes construct, install, erect, build, affix or otherwise
place any fixed structure or object, in, on, under, through or above
the rights-of-way.
CONDUIT
A tube or for protecting electric wiring. Synonyms: pipe,
duct, chase, chute.
DAY
Calendar day unless otherwise specified.
DESIGN AND CONSTRUCTION MANUAL
The official document adopted by the City of Blue Springs
to regulate the construction of public infrastructure improvements
within the City including the design and construction of streets,
water lines, sanitary sewers, and storm sewers.
DIRECTOR
The Director of Public Works or their specified designee.
When another Director of the City is intended, that Director shall
be referred to with the department they oversee.
EMERGENCY
Includes, but is not limited to, the following:
1.
An unexpected or unplanned outage,
cut, rupture, leak or any other failure of a ROW-user facility that
prevents or significantly jeopardizes the ability of a ROW-user to
provide service to customers;
2.
An unexpected or unplanned outage,
cut, rupture, leak or any other failure of a ROW-user facility that
results or could result in danger to the public or a material delay
or hindrance to the provision of service to the public if the outage,
cut, rupture, leak or any other such failure of ROW-user facilities
is not immediately repaired, controlled, stabilized or rectified;
or
3.
Any occurrence involving a ROW-user
facility that a reasonable person could conclude under the circumstances
that immediate and undelayed action by the ROW-user is necessary and
warranted.
EXCAVATE, EXCAVATING or EXCAVATION
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, tunneled into, bored into, graded, or otherwise displaced,
by means of any tools, equipment or explosives, except that the following
shall not be deemed excavation:
1.
Any de minimis displacement or movement
of ground caused by pedestrian or vehicular traffic;
2.
The replacement of utility poles
and related equipment at the existing general location that does not
involve either a street or sidewalk cut; or
3.
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.
FCC
Federal Communications Commission.
FACILITY or FACILITIES
Lines, pipes, irrigation systems, wires, cables, conduit
facilities, poles, towers, vaults, pedestals, boxes, appliances, antennas,
transmitters, gates, meters, appurtenances, or other equipment used
for or related to providing service.
GOVERNMENTAL ENTITY
Any County, Township, City, Town, Village, school district,
library district, road district, drainage or levee district, sewer
district, water district, fire district or other municipal corporation,
quasi-municipal corporation or political subdivision of the State
of Missouri or of any other State of the United States and any agency
or instrumentality of the State of Missouri or of any other State
of the United States or of the United States.
MANUAL
The Design and Construction Manual adopted, approved, maintained
and modified from time to time by the Director of Public Works.
MISSOURI ONE CALL
The procedural requirements for excavation and utility safety
established by Section 319.010 et seq., RSMo., as amended from time
to time.
PARKWAY
The area between a property line and the street curb or the
edge of pavement, sometimes called boulevards, tree-shelves or snow-shelves.
PAVEMENT
Includes portland cement concrete pavement, asphalt concrete
pavement, asphalt treated road surfaces and any aggregate base material.
PERSON
Any natural or corporate person, business association or
business entity, including, but not limited to, a corporation, a partnership,
a sole proprietorship, a political subdivision, a public or private
agency of any kind, a utility, a successor or assign of any of the
foregoing, or any other legal entity.
PUBLIC IMPROVEMENT
Any project undertaken by the City, or its agents, contractors,
or subcontractors, for the construction, reconstruction, maintenance,
or repair of any public infrastructure, and including without limitation,
streets, alleys, bridges, bikeways, parkways, sidewalks, sewers, drainage
facilities, traffic control devices, streetlights, public facilities,
public buildings or public lands; provided that projects undertaken
by the City for the construction, reconstruction, maintenance, or
repair of any public infrastructure funded by, or substantially by,
user fees imposed upon those using the public infrastructure shall
not be deemed "public improvements" and shall not be exempt from the
permit requirements of this Article.
PUBLIC LANDS
Any real property of the City that is not rights-of-way.
PUBLIC WORKS COMMITTEE
The committee comprised of the Director of Public Works,
the City Engineer, the Director of Community Development and the Deputy
City Administrator which shall conduct routine business for the Public
Works Department of the City of Blue Springs, Missouri, with respect
to implementing this Article.
RESELLER SERVICE PROVIDER
A rights-of-way (ROW) user providing service within the City
that does not have its own facilities in the rights-of-way, but instead
uses the rights-of-way by interconnecting with or using the network
elements of another ROW-user utilizing the rights-of-way, and/or by
leasing excess capacity from a facility based service provider.
RESTORATION
The process by which an excavated rights-of-way and surrounding
area, including pavement and foundation, is returned to the same or
better condition than existed before the commencement of the excavation
or work as determined by the Director of Public Works.
RIGHTS-OF-WAY or ROW
Generally public property vested in the City in trust for
the citizens, in fee or easement, to which the public has a right
to access and use for the purpose intended by the dedication, including,
but not limited to, the area on, below or above a public sidewalk,
roadway, highway, street or alleyway in which the City has an ownership
interest, but not including:
1.
The airwaves above a public rights-of-way
with regard to cellular or other non-wire telecommunications or broadcast
service;
2.
Easements obtained by utilities or
private easements in platted subdivisions or tracts;
3.
Railroad rights-of-way and ground
utilized or acquired for railroad facilities to the extent the City
may provide for protection of same or the railroad rights-of-way are
adjacent to or within City rights-of-way; or
4.
Poles, pipes, cables, conduits, wires,
optical cables, or other means of transmission, collection or exchange
of communications, information, substances, data, or electronic or
electrical current or impulses utilized by a utility owned or operated
by a governmental entity pursuant to Chapter 91, RSMo., or pursuant
to a charter form of government.
RIGHTS-OF-WAY PERMIT
The authorization to work, excavate, or locate facilities
in the rights-of-way.
ROW-USER
A person, its successors and assigns, that uses the rights-of-way
for purposes of work, excavation, provision of services, or to install,
construct, maintain, repair facilities, equipment, or structures thereon
or adjacent to, for which a rights-of-way permit and/or a temporary
traffic control permit is required, including, but not limited to,
landowners and service providers. A ROW-user shall not include ordinary
vehicular or pedestrian traffic.
SERVICE
A commodity provided to a person by means of a delivery system
that is comprised of facilities located or to be located in the rights-of-way,
including, but not limited to, gas, telephone, cable television, internet
services, open video systems, alarm systems, steam, electric, water,
telegraph, data transmission, petroleum pipelines, or sanitary sewerage.
SERVICE PROVIDER
Any person that is a provider of a service for or without
a fee that has the requisite certifications and authorizations from
applicable governmental entities, including the FCC, to provide such
service, including, but not limited to, every cable television service
provider, pipeline corporation, gas corporation, electrical corporation,
rural electric cooperative, telecommunications company, water corporation,
water district, heating or refrigerating corporation or sewer corporation
under the jurisdiction of the public service commission; every municipally
owned or operated utility pursuant to Chapter 91, RSMo., or pursuant
to a charter form of government or cooperatively owned or operated
utility pursuant to Chapter 394, RSMo.; every streetlight maintenance
district; every privately owned utility; and every other entity, regardless
of its form of organization or governance, whether for profit or not,
which in providing a public utility type of service for members of
the general public, utilizes pipes, cables, conduits, wires, optical
cables, poles, or other means of transmission, collection or exchange
of communications, information, substances, data, or electronic or
electrical current or impulses, in the collection, exchange or dissemination
of its product or services through the public rights-of-way. "Service
provider" includes both facility based service providers and reseller
service providers.
STREET
The pavement and sub-grade of a City local, collector, commercial,
industrial, or arterial roadway and alleys.
TEMPORARY TRAFFIC CONTROL
The temporary management of motorized and non-motorized traffic
through the use of official traffic control devices as called for
in the MUTCD (Manual on Uniform Traffic Control Devices) as amended
from time to time, including, but not limited to, signs, markings,
fence, barricades, lights, delineators, and channelizers, as necessary
when the construction, repair, removal, excavation, work, events,
or other activity, whether within or adjacent to the public rights-of-way,
impacts normal traffic conditions.
TEMPORARY TRAFFIC CONTROL PERMIT
The written authorization for a ROW-user to act in a manner
that narrows, closes, or otherwise impacts the normal flow of vehicular
traffic or pedestrian traffic on any public street or sidewalk.
WORK or WORKING
The construction, installation, repair or maintenance of
any type of facility within the rights-of-way, unless an exemption
as provided in this Article applies to the routine maintenance of
the facility.