[Ord. No. 1017, 8-1-2018]
For purposes of this Chapter the following words and phrases shall have the meaning given herein:
ABANDONED FACILITIESThose facilities owned by the ROW-user that are not in use and are not likely to be utilized by the owner in the future.
AFFILIATEAny person controlling, controlled by or under the common control of a "service provider."
APPLICANTAny person requesting permission to occupy, lease or operate facilities using the right-of-way, or to excavate the right-of-way.
AREA OF INFLUENCEThat area around a street excavation where the pavement and sub-grade is impacted by the excavation and is subject to more rapid deterioration.
CITYThe City of Buckner, Missouri, a municipal corporation, and any duly authorized representative.
CITY CLERKThe City Clerk of the City of Buckner, Missouri, or the authorized representative.
CONSTRUCTIncludes construct, install, erect, build, affix or otherwise place any fixed structure or object, in, on, under, through or above the right-of-way.
DAYCalendar day unless otherwise specified.
EMERGENCYA condition that: (a) poses a clear and immediate danger to life or health, or of a significant loss of property; or (b) requires immediate repair or replacement in order to restore service to a user.
EXCAVATEIncludes any cutting, digging, excavating, tunneling, boring, grading or other alteration of the surface or subsurface material or earth in the right-of-way.
EXCAVATION FEEThe fee charged by the City for each street or pavement cut which is intended to recover the costs associated with construction and repair activity of the ROW-user and its contractors and/or subcontractors.
FACILITYLines, pipes, irrigation systems, wires, cables, conduit facilities, poles, towers, vaults, pedestals, boxes, appliances, antennas, transmitters, gates, meters, appurtenances, or other equipment.
FCCFederal Communications Commission.
FRANCHISE ORDINANCEAn ordinance passed by the City in accordance with Missouri law and granting a person the right to use the right-of-way or provide service to the City's residents and providing compensation to the City that is in addition to the fees and charges for registering service providers, right-of-way permit fees, inspection fees, building permit fees, excavation fees or other administrative fees.
GOVERNING BODYThe Mayor and the Board of Aldermen of the City of Buckner, Missouri.
GOVERNMENTAL ENTITYAny 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.
PARKWAYThe area between a property line and the street curb, sometimes called boulevard, tree-shelf or snow-shelf.
PAVEMENTIncludes Portland cement concrete pavement, asphalt concrete pavement, asphalt treated road surfaces and any aggregate base material.
PERMIT AND INSPECTION FEEThe fee charged by the City to recover its cost incurred for right-of-way management; including, but not limited to, costs associated with registering applicants; issuing, processing, and verifying right-of-way permit applications; inspecting job sites and restoration of improvements; determining the adequacy of right-of-way restoration; revoking right-of-way permits and, other costs the City may incur in managing the provisions of this Chapter.
PERMITTEEAny person to whom a right-of-way permit is issued to excavate a right-of-way.
PERSONAny natural or corporate person, business association or business entity, including, but not limited to, 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 IMPROVEMENTAny project undertaken by the City 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, street lights, public facilities, public building or public lands.
PUBLIC LANDSAny real property owned by the City that is not right-of-way.
PUBLIC WORKS DIRECTORThe Public Works Director of the City of Buckner, Missouri, or such other official designated by the City Administrator.
REGISTRATIONThe application process of a service provider, the approval of the application by the City, and the authorization of the service provider to use any portion of the right-of-way within the City to provide service both within and beyond the City limits.
REPAIRThe temporary construction work necessary to make the right-of-way usable.
REPAIR AND RESTORATIONThose costs associated with repairing and restoring the public right-of-way because of damage caused by the ROW-user and its contractors and/or subcontractors in the right-of-way.
RESTORATIONThe process by which an excavated right-of-way and surrounding area, including pavement and foundation, is returned to the same condition, or better than, that existed before the commencement of the work.
RIGHT-OF-WAYThe areas within the City on, below or above public or private property shown as right-of-way for public use on present and future recorded plats or dedicated as right-of-way by deed of dedication. It also includes the area on, below or above City streets, curbs, alleys, bridges, parkways, and public utility easements.
RIGHT-OF-WAY PERMITThe authorization to excavate for the construction, installation, repair or maintenance of any type of facility within the right-of-way.
ROW-USERA person, its successors and assigns, that uses the right-of-way for purposes of work, excavation, provision of services, or to install, construct, maintain, repair facilities thereon, including, but not limited to, landowners and service providers.
SERVICEA commodity provided to a person by means of a delivery system that is comprised of facilities located or to be located in the right-of-way, including, but not limited to, gas, telephone, cable television, internet services, open video system, alarm systems, steam, electric, water, telegraph, data transmission, petroleum pipelines, or sanitary sewerage.
SERVICE PROVIDERAny person owning, possessing or having an interest in facilities in the right-of-way that are used for the provisions of a service for or without a fee; provided, that this definition shall also include persons owning, possessing or having an interest in facilities in the right-of-way that are used by, may be used by or are intended for use by another person, in whole or in part, to provide a service for or without a fee, regardless of whether the actual facility owner provides any service as defined herein.
STREETThe pavement and sub-grade of a City residential, collector or arterial roadway.