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"Section 12.04.070 Right-of-way management," thereby amending said section so as to impose
<br />rights, duties and obligations on all users of the City's rights-of-way; so that said section, as so
<br />amended, shall read as follows:
<br />
<br />Section 12.04.070 Right-of-Way Management
<br />A. Applicability and Administration
<br />This section shall apply to all persons desiring to construct, reconstruct, restore, repair, replace,
<br />operate, maintain, excavate or occupy, or obtain any easement, on any public rights-of-way
<br />within the City. The director of public works is authorized to administer right-of-way permits
<br />for work, occupation, and excavations made in the right-of-way, and is authorized to adopt and
<br />of promulgate rules and regulations to interpret and implement the provisions of this section to
<br />secure the intent thereof and to promote the public health, safety and general welfare. The rights
<br />granted to use the right-of-way shall be for the sole use of the ROW-user and are limited to the
<br />use as set forth by the ROW-user in its permit application and related documents filed with the
<br />Public Works Department in accordance with this section. Except as otherwise expressly
<br />permitted by state or federal law, no other person may use the ROW-user's right, unless
<br />authorized by the City. All ROW-users shall be subject to all rules, regulations, policies,
<br />resolutions, and ordinances now or hereafter adopted or promulgated by the City in the
<br />reasonable exercise of its police power, and are subject to all applicable laws, orders, rules and
<br />regulations adopted by governmental entities now or hereafter having jurisdiction. In addition,
<br />the ROW-users shall be subject to all technical specifications, design criteria, policies,
<br />resolutions and ordinances now or hereafter adopted or promulgated by the City in the
<br />reasonable exercise of its police power relating to permits and fees, sidewalk and pavement cuts,
<br />utility location, construction coordination, surface restoration, and other requirements on the use
<br />of the right-of-way.
<br />
<br />B. Definitions and Word Usage
<br />For the purposes of this section, the following terms, phrases, words, and abbreviations shall
<br />have the meanings given herein:
<br /> (1) "Abandoned facilities" means those facilities owned by the ROW-user that are not
<br />in use and will not be utilized by the owner in the future.
<br /> (2) "Applicant" means any person requesting permission to occupy, use or to excavate
<br />the right-of-way.
<br /> (3) "City" means the City of University City, Missouri, a municipal corporation and,
<br />any duly authorized representative thereof.
<br /> (4) "Construct" means to construct, install, erect, build, affix or otherwise place any
<br />fixed structure or object, in, on, under, through or above the right-of-way. (5) "Day" means calendar day unless otherwise specified.
<br /> (6) "Director of public works" means the public works director for the City, or any
<br /> authorized representative.
<br />(7) "Emergency" means an unexpected or unplanned outage, cut, rupture, break, leak
<br /> or any other public hazard condition (i.e., sewage backup) or as specifically defined by state law
<br /> for utilities.
<br /> (8) "Excavate" means any cutting, digging, excavating, tunneling, boring, grading or
<br />other alteration of the surface or subsurface material or earth in the right-of-way.
<br /> (9) "Facility" or "facilities" means lines, pipes, irrigation systems, wires, cables,
<br />conduit facilities, poles, towers, vaults, pedestals, boxes, appliances, antennae, transmitters,
<br />gates, meters, rails, appurtenances, or other equipment.
<br /> (10) "Pavement" means and includes Portland cement concrete pavement, asphalt
<br />concrete pavement, asphalt treated road surfaces and any aggregate base material.
<br /> (11) "Permittee" means any person to whom a right-of-way permit is issued.
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