[Ord. No. 2141, 2-22-2024]
A.
It
shall be the policy of the City to authorize use of the rights-of-way
in a manner that minimizes interference to public use and minimizes
the burden on the rights-of-way physically and aesthetically to the
full extent permitted by law. Any use of the rights-of-way by any
person shall be subject to the terms and conditions hereof, in addition
to all applicable Federal, State or local requirements, and nothing
herein shall be enforced or interpreted to contravene any superseding
law, including but not limited to Section 67.1830, RSMo., et seq.,
to the extent applicable to any given circumstance.
B.
The
right granted to a person or entity to use the rights-of-way is limited
to the use that the person has filed with the City and approved in
accordance with this Chapter. These rights shall grant non-exclusive
use only to that person except where otherwise provided herein or
when expressly authorized by the City.
[Ord. No. 2141, 2-22-2024]
The following definitions shall apply to this Section, except
that where the definitions set forth in Section 67.1830, RSMo., as
may be amended, are required by law to apply to specific uses of the
rights-of-way, such definitions shall apply to such circumstances.
Those facilities owned by a ROW-user that are not in use
or cannot be utilized by the owner in the future.
Any person or entity required to apply for a rights-of-way
permit.
The City of Marshfield, Missouri, a municipal corporation,
and any duly authorized representative.
The City Administrator, Marshfield, Missouri, or his or her
authorized representative.
The City of Marshfield Technical Specifications and Design
Criteria for Public Improvement Projects as may be amended from time
to time by the authority of the City Administrator establishing such
specifications and procedures consistent with the requirements and
purposes of this Chapter.
Includes construct, install, erect, build, affix, or otherwise
place any fixed structure or object, in, on, under, through or above
the rights-of-way.
To surround tightly or incorporate.
Any incident that requires immediate intrusion and work within
the rights-of-way to restore service to a user.
Any removal of the surface, or subsurface earth or boring
or tunneling activity within the public rights-of-way.
All/any lines, pipes, irrigation systems, wires, cables,
conduit facilities, poles, towers, vaults, pedestals, boxes, or other
equipment owned or controlled by an entity other than the City.
A service provider owning or possessing facilities in the
rights-of-way.
The Federal Communications Commission.
The Board of Aldermen of the City of Marshfield, Missouri.
Any subdivision of the governments within the United States
of America.
The improved surface of the public way with concrete, asphalt,
aggregate or other treated materials.
An individual, person, or body natural or corporate.
The Missouri Public Service Commission.
Any easement for utilities, access, or other use dedicated
to the City or in the name of the City irrespective of whether the
easement is held in trust by the City for private and public users
and regardless of whether private utilities or others in addition
to or other than the City are actually using the easements.
Any public project undertaken by the City for the public
good.
Any real property owned by the City not used as rights-of-way
or considered to be rights-of-way.
The temporary work necessary to make the rights-of-way useable
for the public.
A person 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.
Returning the right-of-way surface to its original condition,
or better.
The area on, below or above a public roadway, highway, street,
or alleyway in which the City has an ownership interest, and including
such adjacent area of such public ways within such ownership interest
as made available by the City for rights-of-way use herein, but not
including:
Easements obtained by utilities or private easements in platted
subdivisions or tracts;
Railroad rights-of-way and ground utilized or acquired for railroad
facilities; or
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.
The authorization to make excavations or perform work for
the construction, installation, repair, or maintenance of any type
of facility within the rights-of-way.
Such persons and entities maintaining, constructing, or installing
facilities in the public rights-of-way of the City unless otherwise
expressly exempted by law. The term shall not include the City; provided,
that the City shall nevertheless comply with all such requirements
applicable to ROW-users to the extent such compliance is otherwise
required by State or Federal law.
That function provided to property adjoining the public rights-of-way
from a service provider.
Construction, alteration, maintenance, installation, storage,
or location of facilities installed below, on or above ground in the
public rights-of-way, other than excavation, that also:
Causes or threatens to cause any obstruction or interference
to any vehicular or pedestrian traffic or traffic lane in the rights-of-way;
Involves temporary or permanent storage of materials or equipment
on rights-of-way;
Causes or may cause damage to any public improvement within
the rights-of-way; or
Removal, replacement or alteration to any safety feature or requirement within the rights-of-way, including but not limited to removal of manhole covers, altering lighting, traffic signage or signals, placement, or removal of traffic barricades, etc. Work shall not include routine or other maintenance on poles, boxes, or other facilities that does not result in one (1) or more of the circumstances described in Subsections (1) through (4) herein.
[Ord. No. 2141, 2-22-2024]
The City Administrator is the principal City official responsible
for the administration of rights-of-way permits for work and excavations
made in the rights-of-way. The City Administrator may delegate any
or all the duties hereunder.
[Ord. No. 2141, 2-22-2024]
A.
Agreement
Or Franchise Required. Except when otherwise authorized by applicable
law, no ROW-user may construct, maintain, own, control, or use facilities
in the rights-of-way without a franchise or ROW agreement with the
City as provided herein. All such franchises and agreements shall
be approved by ordinance of the Governing Body on a non-discriminatory
basis provided that the applicant is in compliance with all applicable
requirements. Such franchises and agreements shall be deemed to incorporate
the terms of this Chapter and other applicable laws of the City, except
as may be expressly stated in such agreements and franchises. Reseller
service providers shall not be required to obtain a franchise or agreement
but shall be required to register with the City prior to providing
service on forms provided by the City.
1.
Franchise. A franchise agreement shall be required from the City
in conformance with all applicable franchise procedures for any ROW-user
seeking to use the rights-of-way for purposes of providing or distribution
of electricity, gas, water, lighting, telephone, telecommunication,
or sewer public utility service in the City, except where otherwise
provided by law. Such franchise may be granted only after satisfaction
of all applicable procedural or substantive requirements established
by charter or other law.
2.
ROW Agreement. A ROW agreement with the City shall be required for all ROW-users not set forth in Subsection (A)(1).
3.
Incidental Uses. Incidental uses of the public rights-of-way may
be permitted without a franchise or ROW agreement pursuant to a rights-of-way
permit issued by the City Administrator. The City Administrator may
establish such application, requirements, and conditions applicable
to such uses consistent with the purposes of this Chapter or as otherwise
established by law.
B.
Franchises
And Agreements Non-Exclusive. The authority granted by the City in
any agreement or franchise shall be for non-exclusive use of the rights-of-way.
The City specifically reserves the right to grant, at any time, such
additional agreements, or other rights to use the rights-of-way for
any purpose and to any other person, including itself, as it deems
appropriate, subject to all applicable law. The granting of an agreement
or franchise shall not be deemed to create any property interest of
any kind in favor of the ROW-user.
C.
Lease
Required For Public Lands. Unless otherwise provided, use or installation
of any facilities in, on or over public lands of the City not constituting
rights-of-way shall be permitted only if a lease agreement or other
separate written approval has been negotiated and approved by the
City with such reasonable terms and conditions as the City may require.
D.
Transferability.
Except as provided in this Chapter or as otherwise required by law,
no franchise, agreement, or permit may be transferred without the
written application to, and consent of, the City based on the requirements
and policies of this Chapter. The City shall not unreasonably withhold
its consent to transfer as provided herein but any costs incurred
shall be paid by the applicant.
E.
Application
For Franchise Or Agreement Required.
1.
Application. An application for franchise or ROW agreement shall
be presented to the City Administrator, in writing, and shall include
all such information as is required by this Section. The ROW-user
shall be responsible for accurately maintaining the information in
the application during the term of any franchise or agreement and
shall be responsible for all costs incurred by the City due to the
failure to provide or maintain as accurate any application information
required herein.
2.
Application Form. A ROW-user shall submit a completed application
for franchise or ROW agreement on such form provided by the City,
which shall include information necessary to determine compliance
with this Chapter.
3.
Approval Process. After submission by the ROW-user of a duly executed
and completed application and executed franchise or ROW agreement
as may be provided by the City Administrator, or as modified by the
City Administrator, in review of the specific circumstances of the
application, all in conformity with the requirements of this Chapter
and all applicable law, the City Administrator shall submit such franchise
or agreement to the Board of Aldermen for approval. Upon determining
compliance with this Chapter, the Board of Aldermen shall authorize
execution of the franchise or agreement (or a modified agreement otherwise
acceptable to the City consistent with the purposes of this Chapter),
and such executed franchise or agreement shall constitute consent
to use the public rights-of-way; provided, that nothing herein shall
preclude the rejection or modification of any executed franchise or
agreement submitted to the City to the extent such applicable law
does not prohibit such rejection or modification, including where
necessary to reasonably and in a uniform or non-discriminatory manner
reflect the distinct engineering, construction, operation, maintenance,
public work or safety requirements applicable to the applicant.
[Ord. No. 2141, 2-22-2024]
A.
No
person shall make an excavation or perform work within the rights-of-way
without first obtaining a rights-of-way permit from the City Administrator;
provided, that in case of emergency which requires immediate attention
to remedy defects, in order to prevent loss or damage to persons or
property, it shall be sufficient that the person making such excavation
or performing work in streets, alleys or sidewalks obtain a permit
as soon as possible and may proceed without a permit when such permit
cannot be obtained before starting such excavation or work. The person
securing a permit to make an excavation or perform work in any street,
alley or sidewalk is hereby deemed to be the person, or his or her
legal representative, making such excavation or performing such work.
All rights-of-way permits shall expire after sixty (60) days from
the date of issuance, unless extended by the City Administrator.
B.
All
persons shall be subject to all rules, regulations, policies, resolutions,
and ordinances now or hereafter adopted or promulgated by the City
in the reasonable exercise of its police power and are subject to
all applicable laws, order, rules, and regulations adopted by governmental
entities now or hereafter having jurisdiction. In addition, the persons
shall be subject to all technical specifications, design criteria,
policies, resolutions, and ordinances now or hereafter adopted or
promulgated by the City in the reasonable exercise of its police power
relating to permits and fees, sidewalk and pavement cuts, utility
location, construction coordination, surface restoration, and other
requirements on the use of the rights-of-way. All persons obtaining
a permit shall provide the City Administrator certificates of insurance
showing proof of liability coverage for personal injury and property
damage, as required herein.
C.
Any
person found to be working without providing for required safety and
traffic control will be directed to stop work until the appropriate
measures are implemented in accordance with the current edition of
the Manual on Uniform Traffic Control Devices.
[Ord. No. 2141, 2-22-2024]
A.
All
excavations and work shall comply with each and every requirement
set forth in the City specifications.
B.
The
City Administrator may impose reasonable conditions upon the issuance
of a rights-of-way permit and the performance of the ROW-user in order
to protect the public health, safety and welfare, to ensure the structural
integrity of the rights-of-way, to protect the property and safety
of other users of the rights-of-way, and to minimize the disruption
and inconvenience to the traveling public. Each rights-of-way permit
shall be deemed to incorporate the provisions of this Chapter as permit
conditions.
C.
When
a rights-of-way permit is requested for purposes of installing additional
facilities and the performance and maintenance bonds for additional
facilities is determined to be insufficient, the posting of an additional
or larger performance or maintenance bond for the additional facilities
may be required by the City Administrator, except as otherwise provided
in Section 545.140 hereof.
D.
A ROW-user
shall perform all excavations or work in full accord with any and
all applicable engineering codes adopted or approved by the City and
in accordance with applicable Statutes of the State of Missouri, and
the rules and regulations of the Commission or any other local, State
or Federal agency having jurisdiction over the parties. A ROW-user
shall perform all excavations or work in conformance with all applicable
codes and established rules and regulations and shall be responsible
for all excavations or work done in the rights-of-way pursuant to
its rights-of-way permit, regardless of by whom the excavation or
work is done. A ROW-user shall be responsible for all reasonable costs
borne by the City that are directly associated with ROW-user's permit
or use of the rights-of-way thereunder.
E.
Except
in cases of an emergency or with approval of the City Administrator,
no rights-of-way excavation or work may be done in violation of a
stop work order issued by the City Administrator if in his or her
determination conditions are unreasonable for such excavation or work
based on standard engineering and construction practices.
F.
A ROW-user
shall not disrupt rights-of-way such that the natural free and clear
passage of water through the gutters or other waterways is interfered
with. No person may park private vehicles within or next to the work
or excavation area, except for such areas which may be designated
and marked as safe areas for vehicle parking in accordance with an
approved traffic control plan.
G.
If
excavation or work is being done for the ROW-user by another person,
a subcontractor or otherwise, the ROW-user shall be responsible for
ensuring that the excavation or work of said person is performed consistent
with its rights-of-way permit and applicable law and shall be responsible
for promptly correcting acts or omissions by said person.
H.
The
City Administrator may establish in the rights-of-way permit limitations
on the amount of excavation or work which may occur at one (1) time
and the amount of rights-of-way which may be obstructed during construction.
I.
The
ROW-user shall, in the performance of any excavation or work required
for the installation, repair, maintenance, relocation and/or removal
of any of its facilities, limit all excavations or work to that necessary
for efficient operation.
J.
The
ROW-user shall not permit excavation or work to remain open longer
than is necessary to complete the repair or installation, and in no
event may excavation or work remain open beyond the expiration of
the rights-of-way permit or any approved extension. Any excavations
left open overnight on any thoroughfare or collector-type street shall
be securely covered. Unless otherwise approved by the City Administrator,
in writing, all excavations shall be filled in or covered at the end
of each working day. The ROW-user assumes the sole responsibility
for maintaining proper barricades, plates, safety fencing and/or lights
as required from the time of opening of the excavation until the excavation
is surfaced and opened for travel.
K.
The
ROW-user shall perform excavation or work on the rights-of-way at
such times that will allow the least interference with the normal
flow of traffic and the peace and quiet of the neighborhood and shall
not work between the hours of 10:00 P.M. and 7:00 AM.
L.
Whenever
there is an excavation or work by the ROW-user, the ROW-user shall
be responsible for providing adequate traffic control and signage
to the surrounding area as determined by the City Administrator. In
the event that the excavation or work is not completed in a reasonable
period of time, the ROW-user may be liable for actual damages to the
City for delay caused by the ROW-user pursuant to this Chapter.
M.
The
City Administrator may limit the number of conduits or other facilities
that may be installed by each ROW-user based on the reasonable needs
to ensure that no one (1) ROW-user may unreasonably consume a disproportionate
amount of the available rights-of-way to deter competition or deprive
the public or others of the reasonable use of the rights-of-way.
N.
All
underground mains, their service lines with ancillary appurtenances
thereto shall, wherever practicable, be placed between the curb or
pavement edge and sidewalk line in the section of the street known
as the parkway. Where the pavement and sidewalk occupy the entire
street, the underground utilities shall be located under the sidewalk.
O.
The
ROW-user shall notify the office of the City Administrator upon completion
of the excavation or work authorized by the rights-of-way permit.
P.
Every
person who obtains rights-of-way permit and makes an excavation within
the rights-of-way shall guarantee for a period of one (1) year the
restoration of the rights-of-way in the area where such person conducted
an excavation and performed the restoration. Such person shall guarantee
the restoration of the rights-of-way against sagging, buckling, deterioration,
or other premature failures of the restoration.
Q.
The
City Administrator, upon the review and approval of a plan and details
for trimming trees in the rights-of-way, may grant permission by permit
to any person to trim trees upon and overhanging the rights-of-way
so as to prevent the branches of such trees from coming in contact
with facilities of a ROW-user. In the event the person severely disturbs
or damages any tree in the right-of-way to the detriment of the health
and safety of the tree, the person will be required to remove and
replace a tree of like size at the person's cost. The location, size,
and species of any replacement tree shall be as approved by the City
Administrator, and unless the City Administrator approves an equivalent
monetary payment in lieu of replanting. In reviewing any permit application,
the City Administrator may require the Applicant to directionally
bore around or otherwise avoid disturbance to any tree, existing facility,
road, drive, or other protected area in the rights-of-way.
R.
Upon
the approved request of any party having satisfied City procedure
and ordinances, a ROW-user shall remove, raise, or lower its facilities
temporarily to permit the moving of houses or other structures. Except
when required for a City project, the expense of such temporary removal,
raising or lowering shall be paid by the party requesting the same,
and the ROW-user may require such payment in advance. The ROW-user
must be given not less than fifteen (15) days written notice from
the party detailing the time and location of the moving operations,
and not less than twenty-four (24) hours advance notice from the party
advising of the actual operation.
[Ord. No. 2141, 2-22-2024]
A.
All
excavations and work shall be barricaded at the ROW-user's expense
in such a manner as to protect both pedestrians and vehicular traffic.
Such excavations, work and barricades shall be lit at night with danger
signals in such a manner that all traffic may be warned of the existence
and location of such excavations, work, and barricades. All traffic
control devices shall be in compliance with the City Technical Specifications
and the Manual of Traffic Control Devices (MUTCD).
B.
All
signs shall respond to high level warning and low-level guidance devices
around the excavated area. All surplus excavation or work materials,
tools or supplies at the site of the excavation or work shall be barricaded
and lighted at night in the manner described in this Section. No open
excavation may be left in the pavement area without placing street
plates over the opening, unless approved by the City Administrator.
[Ord. No. 2141, 2-22-2024]
A.
When
an excavation has been made within the limits of any rights-of-way
and after the same has been properly backfilled the person making
the excavation shall notify the City Administrator that the same is
ready for final repair. The City Administrator or his or her duly
authorized agent shall immediately inspect the same, and if he or
she finds that such excavation has been properly backfilled, the person
shall complete the restoration of the surface of such rights-of-way,
all in accordance with the City specifications for street restoration.
B.
On
the parkways and the shoulder of unpaved streets, the person making
the excavation shall be responsible for the same for a period of one
(1) year. The judgment of the City Administrator or his or her authorized
agent as to when an excavation has been properly backfilled to permit
final repair shall be conclusive.
[Ord. No. 2141, 2-22-2024]
After inspection and acceptance of excavations by the City Administrator
the person holding the rights-of-way permit shall be responsible for
restoration of excavated surfaces. Immediately after any excavation
or work is completed and prior to expiration of the permit, the ROW-user
shall restore the rights-of-way in a manner complying with applicable
standards and specifications set forth in the City specifications.
[Ord. No. 2141, 2-22-2024]
Rights-of-way permits issued shall be made available by the
ROW-user at all times at the indicated work site and shall be available
for inspection by the City Administrator, other City employees and
the public.
[Ord. No. 2141, 2-22-2024]
A.
The
City Administrator may deny an application for rights-of-way permit
if:
1.
The ROW-user, or any person acting on behalf of the ROW-user, fails
to provide all the necessary information requested by the City for
managing the public rights-of-way.
2.
The ROW-user, or any person acting on the behalf of the ROW-user,
including contractors or subcontractors, has a history of non-compliance
or permitting non-compliance within the City. For purposes of this
Section, "history of non-compliance or permitting non-compliance within
the City" shall include the ROW-user, or any persons acting on the
behalf of the ROW-user, including contractors or subcontractors, who
has failed to return the public rights-of-way to its previous condition
under a previous rights-of-way permit.
3.
The City has provided the ROW-user with a reasonable, competitively
neutral, and non-discriminatory justification for requiring an alternative
method for performing the excavation or work identified in the rights-of-way
permit application or a reasonable alternative route that will not
result in additional installation expense of more than ten percent
(10%) to the ROW-user or a declination of service quality.
4.
The City determines that the denial is necessary to protect the public
health and safety, provided that the authority of the City does not
extend to those items under the jurisdiction of the Public Service
Commission, such denial shall not interfere with a ROW-user's right
of eminent domain of private property, and such denials shall only
be imposed on a competitively neutral and non-discriminatory basis.
In determining whether denial of a rights-of-way permit application
is necessary to protect the public health and safety, the City Administrator
may consider one (1) or more of the following factors:
a.
The extent to which the rights-of-way space where the rights-of-way
permit is sought is available, including the consideration of competing
demands for the particular space in the rights-of-way, or other general
conditions of the rights-of-way.
b.
The applicability of any ordinance, Code provision, or other regulations
that affect the location of facilities in the rights-of-way.
c.
The degree and nature of disruption to surrounding communities and
businesses that will result from the use of that part of the rights-of-way,
including whether the issuance of a rights-of-way permit for the particular
dates and/or times requested would cause a conflict or interfere with
an exhibition, celebration, festival, or any other event.
5.
The area is environmentally sensitive as defined by State Statute
or Federal law or is a Historic District defined by local ordinance.
6.
The failure to comply with applicable City ordinances or any other
violation, unsafe conditions, or damage or threatened harm to the
rights-of-way or public that would constitute a lawful basis for revocation
of a permit.
[Ord. No. 2141, 2-22-2024]
Where an application is made for rights-of-way permit for a
ROW-user to install or repair its facilities, the applicant shall
submit a map or plat of where the work is to take place. Such plat
or map shall be specific as to location and depth of the work, as
to street address or other location. For excavations or work involving
a street or curb, a traffic control plan shall be required and approved
by the City Administrator before beginning work.
[Ord. No. 2141, 2-22-2024]
A.
Except
as provided in this Section, each ROW-user shall provide, at its sole
expense, and maintain during the term of an agreement or franchise,
commercial general liability insurance with a reputable, qualified,
and financially sound company licensed to do business in the State
of Missouri, and unless otherwise approved by the City, with a rating
by Best of not less than "A," that shall protect the ROW-user, the
City, and the City's officials, officers, and employees from claims
which may arise from operations under an agreement or franchise, whether
such operations are by the ROW-user, its officers, directors, employees
and agents, or any subcontractors of the ROW-user. This liability
insurance, shall include, but shall not be limited to, protection
against claims arising from bodily and personal injury and damage
to property, resulting from all ROW-user operations, products, services
or use of vehicles, or construction equipment. The amount of insurance
for single limit coverage applying to bodily and personal injury and
property damage shall be at least two million five hundred thousand
dollars ($2,500,000.00), but in no event less than the individual
and combined sovereign immunity limits established by Section 537.610,
RSMo., for political subdivisions; provided, that nothing herein shall
be deemed to waive the City's sovereign immunity. An endorsement shall
be provided which states that the City is listed as an additional
insured and stating that the policy shall not be cancelled or materially
modified so as to be out of compliance with the requirements of this
Section, or not renewed without thirty (30) days' advance written
notice of such event being given to the City Administrator. If the
person is self-insured, it shall provide the City proof of compliance
regarding its ability to self-insure and proof of its ability to provide
coverage in the above amounts. The insurance requirements in this
Section or otherwise shall not apply to a ROW-user to the extent and
for such period during an agreement or franchise as ROW-user is exempted
from such requirements pursuant to Section 67.1830(6)(a), RSMo., and
has on file with the City Clerk an affidavit certifying that ROW-user
has twenty-five million dollars ($25,000,000.00) in net assets and
is otherwise therefore so exempted unless otherwise provided by agreement
or franchise. The City reserves the right to waive any and all requirements
under this Section when deemed to be in the public interest.
B.
Except
as otherwise may be required by law for ROW-users who have on file
with the City Clerk an affidavit certifying that the ROW-user has
twenty-five million dollars ($25,000,000.00) in net assets and is
otherwise therefore exempted, a person shall at all times during the
term of a rights-of-way permit, and for three (3) years thereafter,
maintain a performance and maintenance bond in a form approved by
the City Attorney. The amount of the bond will be five thousand dollars
($5,000.00) or the value of the restoration as determined by the City
Administrator, whichever is greater, for a term consistent with the
term of the permit plus three (3) additional years, conditioned upon
the person's faithful performance of the provisions, terms and conditions
conferred by this Chapter. Unless otherwise established by the permit,
an annual bond in the amount of five thousand dollars ($5,000.00)
automatically renewed yearly during this period shall satisfy the
requirement of this Section. In the event the City shall exercise
its right to revoke the permit as granted herein, then the City shall
be entitled to recover under the terms of said bond the full amount
of any loss occasioned. A copy of the liability insurance certificate
and performance and maintenance bond must be on file with the City
Clerk.
[Ord. No. 2141, 2-22-2024]
A.
A ROW-user
shall promptly remove, relocate, or adjust any facilities located
in the rights-of-way or in public easements as directed by the City
for public improvement or as necessary to eliminate a threat to public
safety. Such removal, relocation or adjustment shall be performed
by the ROW-user at the ROW-user's sole expense without expense to
the City, its employees, agents, or authorized contractors and shall
be specifically subject to rules, regulations and schedules of the
City pertaining to such. The ROW-user shall proceed with the removal,
relocation, or adjustment of facilities with due diligence upon notice
by the City to begin removal, relocation, or adjustment. Where the
ROW-user facilities are located in whole or in part in private easements,
the ROW-user shall promptly relocate the facilities if the City has
agreed, in writing, to compensate the ROW-user, through the condemnation,
purchase process, or other reasonable means for the cost of relocation
of the ROW-user's facilities.
B.
The
City shall provide the ROW-user with written notice of required relocations
or adjustments, the anticipated bid letting date if any, of the public
improvements and notice of the deadline for completion of the relocations
or adjustments. The ROW-user shall respond within ten (10) days with
any conflicts and a proposed construction schedule for relocation
to be completed in not more than sixty (60) days from the date of
notice to ROW-user unless such other schedule is requested and approved
by the City Administrator. If facilities cannot be fully relocated
within the rights-of-way, the ROW-user shall be responsible at its
own cost to obtain alternative locations to timely relocate its facilities.
C.
If
any facilities are not relocated in accordance with this Section,
the City or its contractors may relocate the facilities after notice
to the ROW-user. The ROW-user and its surety shall be liable to the
City for any and all costs incurred by the City. In the event the
ROW-user is required to move its facilities in accordance with this
Section, any ordinary rights-of-way permit fee shall be waived. Failure
to comply with the relocation schedule set by the City Administrator
shall also subject the ROW-user to penalties as provided for violation
of this Chapter.
[Ord. No. 2141, 2-22-2024]
The City retains the right to vacate any rights-of-way within
the City. The City may condition vacation of its rights-of-way on
granting and recording of an acceptable easement authorizing the City
to use the vacated area, or a portion thereof, for specific purposes
as may be deemed appropriate in the public interest. The City may
also condition such vacation on payment of any relocation costs that
may result from such vacation. In the event that the vacation of rights-of-way
requires relocation of facilities of a ROW-user, such user shall bear
all costs of relocation or removal of its facilities unless otherwise
provided by the party initiating the vacation. In no event shall the
City be obligated to pay for relocation costs due to a vacation of
right-of-way.
[Ord. No. 2141, 2-22-2024]
A.
The
City may, after reasonable notice and an opportunity to cure, revoke
a rights-of-way permit granted to a ROW-user, without a fee refund,
if one (1) or more of the following occurs:
1.
A material violation of a provision of this Chapter or a rights-of-way
permit, including the violation of any provision of this Chapter or
of any additional provisions of a specific permit;
2.
An evasion or attempt to evade any material provision of the rights-of-way
permit, or the perpetration or attempt to perpetrate any fraud or
deceit upon the City or its citizens;
3.
A material misrepresentation of fact in the rights-of-way permit
application;
4.
A failure to complete excavation or work by the date specified in
the rights-of-way permit, unless a rights-of-way permit extension
is obtained or unless the failure to complete the excavation or work
is due to reasons beyond the ROW-user's control;
5.
A failure to correct, within the time specified by the City, excavation
or work that does not conform to applicable national safety codes,
industry construction standards, or applicable City Code provisions
or safety codes that are no more stringent than national safety codes
or provisions, upon inspection and notification by the City of the
faulty condition. If a rights-of-way permit is revoked; the ROW-user
shall also reimburse the City for the City's reasonable costs, including
administrative costs, restoration costs and the costs of collection
and reasonable attorneys' fees incurred in connection with such revocation.
[Ord. No. 2141, 2-22-2024]
Unless otherwise provided herein or by any other governing ordinance
or law, any person aggrieved by a decision, fee or requirement established
or made pursuant to this Chapter shall, prior to seeking any judicial
or Statutory relief, if any, file a written appeal of any such decision,
fee or requirement with the Board of Aldermen within fifteen (15)
days of such decision or imposition of such fee or requirement, specifying
this provision and including specific details of the alleged claim
or grievance, and an evidentiary hearing shall be held on such appeal
by the Board of Aldermen or its designee to render a final decision.
Nothing herein shall deny or preclude any additional applicable appeal
remedy that may be granted by Federal or State law after such final
decision.
[Ord. No. 2141, 2-22-2024]
In addition to any other penalties and remedies for violations
that may exist in law or equity, any person that violates any provision
of this Chapter shall be deemed to have committed an offense punishable
as provided for City Code violations.
