[R.O. 1988 § 36-25; Ord. No. 4469 § 1, 2-4-2019]
For purposes of Articles
III through
VI, the following terms, phrases, words, and their derivatives shall have the meanings set forth herein, unless the context clearly indicates that another meaning is intended.
ABANDONED FACILITIESAny equipment, materials, apparatuses, devices, or facilities that are:
(a) Declared abandoned by the owner of such equipment or facilities;
(b) No longer in active use for a period of six (6) months or more, and the owner of such equipment or facilities fails to respond within thirty (30) days to a written notice sent by the City; or
(c) As otherwise may be defined by applicable law.
ANTENNAAny device that transmits and/or receives electromagnetic wireless radio waves or signals for voice, data or video communications purposes including, but not limited to, television, text, AM/FM radio, microwave, cellular telephone, communications service, or otherwise.
APPLICANTAny person who has applied for a ROW use agreement, franchise, license, ROW permit, or any other authorization to install, maintain, repair, or otherwise physically access facilities in the rights-of-way.
COMMUNICATIONS SERVICEThe transmission via facilities, in whole or in part, of any writings, signs, signals, pictures, sounds, or other forms of intelligence through wire, wireless, or other means, including, but not limited to, any telecommunications service, enhanced service, information service, or Internet service, as such terms are now, or may in the future, be defined under applicable law, and including all instrumentalities, facilities, apparatus (communications facilities), and services (among other things, the receipt, forwarding, and delivery of telecommunications) incidental to such transmission or designed to directly or indirectly facilitate or accept such transmission and shall also include "video services" as defined in §
67.2677, RSMo. The term "communications service" does not include the rental of conduit or physical facilities.
EXCAVATION, EXCAVATING, OR EXCAVATEAny 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:
(a) Any de minims displacement or movement of ground caused by pedestrian or vehicular traffic;
(b) The replacement of utility poles and related equipment at the existing general location that does not involve either a street or sidewalk cut; or
(c) 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.
FACILITIES or FACILITYAny equipment, installation, or structure located in the rights-of-way, including without limitation, cables, wires, lines, poles, towers, antenna, conduit facilities, vaults, pedestals, transmitters, meters, fiber, foundations, and any other equipment, infrastructure, structures, or obstruction. Facilities shall not include mailboxes, lawful vehicular parking or use, or lawful minor incidental uses such as driveway aprons, private utility connections, or other incidental facilities which may be permitted by a license issued by the Director of Public Works as provided herein.
FRANCHISEA binding and accepted ordinance for certain ROW users to occupy the rights-of-way for the purpose of providing, transporting, or distributing electricity, gas, water, steam, lighting, energy, or sewer service to any person or area in the City's limits and boundaries.
LICENSEThe executed agreement between the Director of Public Works and a person to use and occupy the rights-of-way for the purpose of installing incidental temporary facilities within the rights-of-way or incidental uses such as ingress and egress facilities, lateral utility lines, or driveway aprons.
OBSTRUCTION PERMITA permit issued by the City for the ROW user to provide maintenance to its facilities or otherwise perform work in the ROW that does not involve excavation but requires the ROW user to occupy or obstruct the ROW.
PERSONA corporation, partnership, proprietorship, individual, organization, governmental entity, or any natural person.
RIGHTS-OF-WAY or ROWThe area on, below, or above a public roadway, highway, street, or alleyway in which the City has an ownership interest or right of management and including such adjacent areas within such public ways within such City control, except as may be limited by law.
ROW USE AGREEMENTThe document granting consent by the City to use the rights-of-way for the purpose of providing communication services or for such other use for which a franchise or license is not applicable as provided for herein.
ROW PERMITAn excavation permit and/or an obstruction permit.
ROW USERAll persons and entities, whether a Missouri Public Service Commission registered utility or otherwise, owning, controlling, leasing, maintaining, using, or installing facilities in the rights-of-way of the City, not otherwise expressly exempted. To the extent permitted by law, a ROW user shall not include the City.