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AN ORDINANCE AMENDING AMENDING CHAPTER 12.04 OF THE <br />UNIVERSITY CITY MUNICIPAL CODE, RELATING TO STREETS AND <br />SIDEWALKS GENERALLY, BY REPEALING SECTION 12.04.070 THEREOF, <br />RELATING TO STREET, ETC., EXCAVATIONS-GENERALLY; PERMIT; <br />BOND, AND ENACTING IN LIEU THEREOF A NEW SECTION TO BE <br />KNOWN AS "SECTION 12.04.070 RIGHT-OF-WAY MANAGEMENT," <br />THEREBY AMENDING SAID SECTION SO AS TO IMPOSE RIGHTS, DUTIES <br />AND OBLIGATIONS ON ALL USERS OF THE CITY'S RIGHTS-OF-WAY; <br />CONTAINING A SAVINGS CLAUSE AND PROVIDING A PENALTY. <br /> <br /> WHEREAS, in the interest of public health, safety and welfare, the fight-of-way of the <br />City of University City, MissoUri is a fixed resource Which needs to be managed to maximize the <br />preservation of essential services to the inhabitants of University City, Missouri; and <br /> <br /> WHEREAS, the City of University City, Missouri experiences demand from the public <br />and private right-of-way users to use, occupy and perform excavation of the right-of-way; and <br /> <br /> WHEREAS, in light of changes in the law and technology, the City of University City, <br />Missouri expects an increase in the use, occupation and excavation of the fight-of-way; and <br /> <br /> WHEREAS, the City 0f University City,~Missouri is in need of recovering the costs <br />incurred in managing its public right-of-way; and <br /> <br /> WHEREAS, the expected increase in the use of the right-of-way requires that the City of <br />University City, Missouri exercise control and regulation of the fight-of-way to protect the public <br />health, safety and welfare; and <br /> <br /> WHEREAS, as part of managing it~ public fight-of-way, the City of University City, <br />MissoUri finds that the demand to perform work in its public right-of-way by service providers <br />can be effectively administered through the issuance of a permit; <br /> <br /> NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY <br />OF UNIVERSITY CITY, MISSOURI, AS FOLLOWS: <br /> <br />Section 1. Chapter 12.04 of the University City Municipal Code, relating to streets and <br />sidewalks generally, is hereby amended by repealing Section 12.04.070 thereof, relating to street, <br />etc., excavations-generally; permit; bond, and enacting therein a new section to be known as <br /> <br /> <br />