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.