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Municipal Ordinances

Chapter 36 - Streets and Sidewalks

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Chapter Contents:

Article I - In General


ARTICLE II. STREET NAMES


ARTICLE III. CONSTRUCTION AND REPAIR

DIVISION 1. GENERALLY


DIVISION 2. FRANCHISE, ROW USE AGREEMENTS, AND LICENSES


ARTICLE IV. ROW PERMITS


ARTICLE V. EXCAVATIONS IN ROW


ARTICLE VI. TREES

ARTICLE VII.  BICYCLE PEDESTRIAN ADVISORY COMMITTEE

§ 36-100.   Duties.
§ 36-101.   Members.
§ 36-102.   Officers.
§ 36-103.   Meetings.
§ 36-104.   Ordinances pertaining to the Bicycle and Pedestrian activities.
§ 36-105.   Limitations.


Chapter 36

Streets and Sidewalks

Article 1 - In General

Sec. 36-1. Demonstrations, exhibitions, etc.

Any person, other than one holding a parade permit under Chapter 27, Article X – Parades of this code, who shall conduct on any street, alley or sidewalk any exhibition or demonstration of any article or thing or process or so use any street, alley or sidewalk for private purposes as to block or obstruct the same or impede or interfere with travel and traffic thereon shall be deemed guilty of a misdemeanor. (Ord. 4004, §1)



Sec. 36-2. Obstructing streets and sidewalks.

Any person who shall deposit, place, paint, write, erect or maintain any structure, material, article, substance, decoration or thing on, in or above any street, curb, gutter, park, parkway, sidewalk or public place of the city, except as specifically authorized by the city council by resolution, or as otherwise provided for by ordinance or this Code, shall be deemed guilty of a misdemeanor; provided, however:

  1. That a person owning or operating a restaurant, coffee shop or other business may provide tables, chairs, plants or seating accommodations for its customers on the sidewalks adjacent to the business subject to the condition that a straight, unobstructed pathway at least sixty (60) inches wide be maintained on the sidewalk along the entire length of the sidewalk used by the business; and

  2. That nothing in this section shall be construed to prevent any merchant or tradesman from placing any packages of merchandise, which the merchant or tradesman may be receiving or sending away, subject to the conditions that a straight unobstructed pathway at least thirty-six (36) inches wide be maintained or remain on the sidewalk for more than two (2) hours. (Ord. 4004, §1)



Sec. 36-3. Disposition of articles placed in any street or sidewalk.

  1. Any article, except abandoned vehicles, placed in or upon any street, sidewalk, alley, thoroughfare or other public place within the city contrary to ordinance, or any such article lost or abandoned in such place, shall be taken up and delivered into the custody of the Chief of Police, who shall notify the owner thereof, if known. Property held for more than six (6) months that has not been claimed by the owner, the owner has refused (or if such owner) is unknown or cannot be found) then the property shall be disposed of in a manner deemed appropriate by the Chief of Police.

  2. Abandoned vehicles shall be subject to the procedures outlined in the Missouri Revised Statues Chapter 304 Traffic Regulations and all other applicable chapters. (Ord. 4004, §1)



Sec. 36-4. Conducting business in streets, sidewalks, etc.

  1. Whoever shall, upon any street, public place or sidewalk, expose or offer any merchandise or other property for show or sale, by auction or otherwise, except newspapers and pamphlets other than magazines, or conduct any business whatsoever, shall be guilty of a misdemeanor unless those persons are conducting business in public sidewalks in the central business district and arts and entertainment district, and have complied with the business licensing and health ordinances and regulations, where applicable.

  2. "Central business district" shall mean that area set out in section 42-194 of this Code and arts and entertainment district set out in section 42.232 of this Code.

  3. These provisions shall not be construed to affect or abrogate section 36-2, prohibiting the erection of structures in city rights-of-way. (Ord. 4004, §1)



Sec. 36-5. Suspending merchandise over.

  1. Whoever shall suspend merchandise or other articles in front of any store or other building which shall extend over the sidewalk, at any height above the sidewalk, shall be deemed guilty of a misdemeanor.

  2. Areas zoned Central City Districts may have permitted signs conforming to Section 42-244, 4(a) of this Code. (Ord. 4004, §1)



Sec. 36-6. Overhanging branches, limbs, etc.

It shall be unlawful for any person occupying, in charge or control of or owning any real estate in the city to permit the trees on such property to hang over the sidewalks, streets and alleys so that the lower limbs thereof shall be closer than fourteen (14) feet to the vehicular traveled portion of any street or alley and shall not hang closer than eight (8) feet to any sidewalk. (Ord. 4004, §1)



Sec. 36-7. Obstructing gutters, etc.

Any person who shall destroy, tear up or otherwise damage any gutter, trench or channel, dug, made or used for the purpose of carrying off water or draining any street, thoroughfare or other public place within the city, or who shall fill up or otherwise obstruct the free passage of water through any such gutter, trench or channel, shall be deemed guilty of a misdemeanor. (Ord. 4004, §1)



Sec. 36-8. Depositing dirt, debris, etc., on city thoroughfares.

  1. It shall be unlawful for any person to place, deposit or dump or to cause or allow the placing, depositing or dumping, washing or eroding of any earth, dirt, rock, clay, sand, shale, building material, debris or rubbish from property or vehicles owned or controlled by them, onto any street, sidewalk or thoroughfare within the city or upon the property of any other person without that person's permission.

  2. If the placing, depositing, dumping, washing or eroding of earth, dirt, rock, clay, sand, shale or any other material upon streets, sidewalks or thoroughfares within the city creates conditions that, in the opinion of the Director of Public Works, are unsafe or pose a hazard to the public, the city shall immediately notify the person responsible for such condition or who owns or controls the land from which such materials came to abate the unsafe or hazardous conditions. If the placing, depositing, dumping, washing or eroding of earth, dirt, rock, clay, sand, shale, or any other material upon streets, sidewalks or thoroughfares within the city is the result of earth moving, construction of buildings or other activities being performed under permits issued by the city, the Director may issue stop work orders and suspend any permits until the unsafe or hazardous conditions are abated and adequate provisions are in place to prevent reoccurrence.

  3. If the city is unable to immediately locate or notify any responsible person pursuant to subsection (b) above, or if upon notification such person is unable or unwilling to abate the hazardous or unsafe conditions, or if such person agrees to abate the conditions but fails to do so, the city may proceed to abate such conditions.

  4. The city shall keep a record of the cost of each unsafe or hazardous condition abated under this section. The city may recover the cost of such abatement by issuing tax bills against the property from which the materials constituting the unsafe or hazardous condition came. Before such tax bills are issued, the Director of Public Works shall give notice to the property owner of any property from which the materials came that the Director intends to recommend that the city council tax bill the property for the cost of abatement. The notice shall state that the property owner may, within seven (7) days of receipt of the notice, request a hearing before the City Council to contest the appropriateness of tax billing the cost of abatement.

  5. Any hearing requested under this section shall be held as soon as possible after the request at the next regularly scheduled bi-monthly meeting of the City Council. All interested parties may appear at such hearing either in person or by attorney and present evidence concerning the matters at issue. If after hearing the City Council finds that the landowner or one acting for his benefit is responsible for the conditions abated, the costs of the abatement shall be tax billed to the land contributing to the conditions abated. (Ord. 4004, §1)



Sec. 36-9. Damaging bridges, sidewalks, culverts, etc.

Any person who shall remove, tear up or otherwise destroy or damage any bridge, culvert, sidewalk, pavement, crosswalk or stepping stones in or upon any street, thoroughfare or ally of the city, without having lawful authority to do so, shall be deemed guilty of a misdemeanor. (Ord. 4004, §1)



Sec. 36-10. Cleaning sidewalks.

All persons are hereby required to keep the sidewalks in front of, or adjacent to, the property or premises owned or occupied by them or under their control, within the city, clear and free from rubbish, filth, refuse, dirt, and from any and all obstructions and dangerous agencies of every kind and description whatsoever; and any person failing to observe the provisions of this section shall be deemed guilty of a misdemeanor. (Ord. 4004, §1)



Sec. 36-11. Traveling on streets closed to travel; removing barricades..

It shall be unlawful for any person to use, travel or drive upon any street within the city in the course of construction or improvement, while the same is closed to public travel. It shall be notice to all that a street is closed to public travel when the same has barricades and street closed signs constructed, erected or placed at the end of such street, and it shall be unlawful for any person to remove any barricade and street closed signs when placed across any street, when the same is placed there for the purpose of showing that the street is closed. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor. (Ord. 4004, §1)



ARTICLE II STREET NAMES

Sec. 36-12. Application for change of street name - Deposit required.

That there is hereby established a requirement that any person seeking to apply to the City of Rolla, Missouri for a change of name of street shall, as part of the process therein, pay to the City of Rolla, Missouri the sum of $300.00 as a deposit to cover the expense of publication, the balance of which, upon the conclusion of the process, will be refunded to the applicant. (Ord. 2732, §1; Repealed by Ord. 4004, §1)



Sec. 36-13. Renaming Gene Street to Chestnut Drive.

The public street known as "Gene Drive", in the City of Rolla, Missouri, said street connecting McFarland Drive and Sycamore Drive, is hereby renamed and declared to be "Chestnut Drive." (Ord. 1951, §1; Repealed by Ord. 4004, §1)



Sec. 36-14. Renaming County Road No. 25 to Chapman Drive.

That all of that portion of County Road No. 25 lying within the corporate limits of the City of Rolla, Missouri, shall be and the same is hereby renamed Chapman Drive, and said road shall henceforth bear the name of and be designated as Chapman Drive in the City of Rolla, Missouri. (Ord. 2250, §1; Repealed by Ord. 4004, §1)



Sec. 36-15. Renaming Woodcrest Drive to Winchester Drive.

That certain road known as Woodcrest Drive located in the Woodcrest Estates Addition to the City of Rolla, Missouri, shall be and the same is hereby renamed Winchester Drive, and said road shall henceforth bear the name of and be designated as Winchester Drive in the City of Rolla, Missouri. (Ord. 2261, §1; Repealed by Ord. 4004, §1)



Sec. 36-16. Renaming Hazelwood Drive to H - J Drive.

That the street known as Hazelwood Drive be renamed H - J Drive. (Ord. 2412, §1; Repealed by Ord. 4004, §1)



Sec. 36-17. Naming of Lion's Club Drive.

That the city council finds it necessary to name that portion of the southeast arterial situated between the intersection of Highway CC and Highway 63 and the intersection of Highway O and the unnamed street commonly known as the proposed southeast arterial as Lion's Club Drive. (Ord. 2629, §1; Repealed by Ord. 4004, §1)



Sec. 36-18. Naming of Southview Drive.

That the city council finds it necessary to name that portion of a proposed unnamed collector situated between the intersection of Highway 72 and a proposed unnamed collector and running south to the city limits as Southview Drive. (Ord. 2629, §2; Repealed by Ord. 4004, §1)



Sec. 36-19. Changing the name of Pine Street (North of Highway 63) to Elm Street.

That the city council finds it necessary to change the name of Pine Street (North of Highway 63) to Elm Street as shown on Exhibit "A". (Ord. 2654, §1; Repealed by Ord. 4004, §1)



Sec. 36-20. Renaming Falling Leaves Lane to Dover Lane.

That the city council finds it necessary to change the name of Falling Leaves Lane to Dover Lane. (Ord. 2655, §1; Repealed by Ord. 4004, §1)



Sec. 36-20.1. Changing the name of Germann Road to Oak Knoll Road and Wildwood Court to Germann Court.

That the city council finds it necessary to change the name of Germann Road to Oak Knoll Road and Wildwood Court to Germann Court. (Ord. 2739, §1; Repealed by Ord. 4004, §1)



Sec. 36-20.2. Changing the name of Lake Vista Court to Del Mar Court and Century Court to LaJolla Court.

That the city council finds it necessary to change the name of Lake Vista Court to Del Mar Court and Century Court to LaJolla Court. (Ord. 2736, §1; Repealed by Ord. 4004, §1)



Sec. 36-20.3 Naming the street (between Brook Drive and Camelot Court in the Meadowbrook Subdivision) Lancelot Drive.

That the street located between Brook Drive and Camelot Court in the Meadowbrook Subdivision be named Lancelot Drive. (Ord. 3047, §1; Repealed by Ord. 4004, §1)



Sec. 36-20.4 Changing the name of HiTech Drive, A.K.A. HiTech Boulevard to Brewer Drive.

That the city council finds it necessary to change the name of HiTech Drive, a.k.a. HiTech Boulevard to Brewer Drive. (Ord. 3048, §1; Repealed by Ord. 4004, §1)



Sec. 36-20.5 Naming of Vista Drive.

  1. That after consideration, the city council has determined that a need exists to name an unnamed street to Vista Drive (see attached exhibit A).
  2. That a resolution was published for a period of seven days to provide notice of the proposed street name change.
  3. That after four weeks of such publication a majority of the resident property owners along the line of such street have not filed with the city clerk their written protest against such proposed naming, that the city council shall consider this ordinance to name the unnamed street to Vista Drive. (Ord. 3089, §§1-3; Repealed by Ord. 4004, §1)


Sec. 36-20.6 Changing the name of Vista Drive to Bluebird Lane.

  1. That after consideration, the city council has determined that a need exists to change the name of Vista Drive to Bluebird Lane (see attached exhibit A).
  2. That a resolution was published for a period of seven days to provide notice of the proposed street name change.
  3. That after four weeks of such publication a majority of the resident property owners along the line of such street have not filed with the city clerk their written protest against such proposed change of name, that the city council shall consider this ordinance to change the name of Vista Drive to Bluebird Lane. (Ord. 3090, §§1-3; Repealed by Ord. 4004, §1)


Sec. 36-20.7 Changing the name of Tucker Lane to Kent Lane.

  1. That after consideration, the City Council has determined that a need exists to change the name of Tucker Lane to Kent Lane.
  2. That a resolution was published for a period of seven days to provide notice of the proposed street name change.
  3. That after four weeks of such publication a majority of the resident property owners along the line of such street have not filed with the City Clerk their written protest against such proposed change of name, that the City Council shall consider this ordinance to change the name of Tucker Lane to Kent Lane. (Ord. 3240, §§1-4; Repealed by Ord. 4004, §1)


Sec. 36-20.8 Changing the names of Carl Line Ave. to Line Ave., Elmwood Dr. to Redwood Dr., Long View Ln. to Longview Ln., Co. Rd. 5110 to Osage Dr., Co. Rd. 5020 to Little Oaks Rd., Co. Rd. 5010 to Rolla St., Co. Rd. 7130 to Hartville Rd., Highway 63 to Bishop Ave., and Hwy CC and Private Rd. 5012 to Lions Club Dr.

  1. That after consideration. the City Council has determined that a need exists to change the name of Carl Line Ave. to Line Ave. Elmwood Dr., to Redwood Dr. Long View Ln. to Longview Lane, Co. Rd. 5110 to Osage Dr., Co. Rd. 5020 to Little Oaks Rd., Co. Rd. 5010 to Rolla St. Co. Rd. 7130 to Hartville Rd. Highway 63 to Bishop Ave. and Hwy CC and Private Rd. 5012 to Lions Club Dr.
  2. That a resolution was published for a period of seven days to provide notice of the proposed street name change.
  3. That after four weeks of such publication a majority of the resident property owners along the line of such street have not filed with the City Clerk their written protest against such proposed change of name, that the City Council shall consider this ordinance to change the names of certain streets in the southside annexation area. (Ord. 3252, §§1-3; Repealed by Ord. 4004, §1)


Sec. 36-20.9 Changing the name of 14th Street, beginning at I-44 and going across Bishop Avenue to State Street, from 14th Street to University Drive.

  1. That after consideration, the City Council has decided to change the name of 14th Street, beginning at I-44 and going across Bishop Avenue to State Street, from 14th Street to University Drive.
  2. That a resolution was published for a period of seven days to provide notice of the proposed street name change.
  3. That after four weeks of such publication a majority of the resident property owners along the line of such street have not filed with the City Clerk their written protest against such proposed change of name, that the City Council shall consider this ordinance to change the name of 14th Street to University Drive.
  4. This Ordinance shall be in full force and effect from and after the date of its passage of approval. (Ord. 3557, §§1-4)


Sec. 36-20.10 Change the street name of Curtis Street to Curtis Drive and Bishop's Alley to State Street. (City of Rolla)

  1. That after consideration, the City Council has decided to change the name of Curtis Street to Curtis Drive and Bishop's Alley to State Street.
  2. That a resolution was published for a period of seven days to provide notice of the proposed street name change.
  3. That after four weeks of such publication a majority of the resident property owners along the line of such street have not filed with the City Clerk their written protest against such proposed change of name, that the City Council shall consider this ordinance to change the name of Curtis Street to Curtis Drive and Bishop's Alley to State Street. (Ord. 3599, §§1-3; Repealed by Ord. 4004, §1)


Sec. 36-20.11 Change the street name of State Route V to Hy Point Industrial Park Drive. (City of Rolla)

  1. That after consideration, the City Council has decided to change the name of State Route V to Hy Point Industrial Park Drive.
  2. That a resolution was published for a period of seven days to provide notice of the proposed street name change.
  3. That after four weeks of such publication a majority of the resident property owners along the line of such street have not filed with the City Clerk their written protest against such proposed change of name, that the City Council shall consider this ordinance to change the name of State Route V to Hy Point Industrial Park Drive. (Ord. 3612, §§1-3; Repealed by Ord. 4004, §1)


Sec. 36-20.12 Change the street name of Halifax Court to Newcastle Court (City of Rolla)

  1. That after consideration, the City Council has decided to change the name of Halifax Court to Newcastle Court.
  2. That a resolution was published for a period of seven days to provide notice of the proposed street name change.
  3. That after four weeks of such publication a majority of the resident property owners along the line of such street have not filed with the City Clerk their written protest against such proposed change of name, that the City Council shall consider this ordinance to change the name of Halifax Court to Newcastle Court. (Ord. 3652, §§1-3; Repealed by Ord. 4004, §1)


Sec. 36-20.13 Change the street name of a portion of El Bosa Nova Lane to Collegiate Boulevard. (UMR)

  1. That after consideration, the City Council has decided to change the name of a portion of El Bosa Nova Lane to Collegiate Boulevard.
  2. That a resolution was published for a period of seven days to provide notice of the proposed street name changes.
  3. That after four weeks of such publication a majority of the resident property owners along the line of such street have not filed with the City Clerk their written protest against such proposed change of name, that the City Council shall consider this ordinance to change the name of a portion of El Bosa Nova Lane to Collegiate Boulevard. (Ord. 3821, §§1-3; Repealed by Ord. 4004, §1)

Sec. 36-20.14     Change the street name from St. John's Parkway to Mercy Parkway (Mercy Medical Clinic)

  1. That after consideration, the Rolla City Council has decided it would be desirable to change the name of St. John's Parkway to Mercy Parkway. (Ord. 4078, §1)

  2. That after the prescribed review/comment period of four weeks following such publication a majority of the resident property owners along the line of such street have not filed with the City Clerk their written protest against such proposed change of name, the City Council shall consider an ordinance to change the name of St. John's Parkway to Mercy Parkway. (Ord. 4078, §2)

  3. The ordinance shall be in full force and effect from and after the date of its passage and approval by City Council. (Ord. 4078, §3)

Sec. 36-20.15     Naming a street segment, located between White Columns Road and Fraternity Drive, as International Village Drive” (Rolla City Council).

  1. That after consideration, the City Council has decided it would be desirable to designate the street segment located between White Columns Road and Fraternity Drive as “International Village Drive.” (Ord. 4173, §1)

  2. This ordinance shall be in full force and effect from and after the date of its passage and approval.
    (Ord. 4173, §2)

(Return to Contents)

Sec. 36-20.16      Change the street name from Eagleson Drive to Silverstone Drive.

  1. That after consideration, the City Council approved the request to change the name of the street that begins at the intersection of Vichy Road and the area between the northeast sides of Lot 1 and Lot 2 of the Arwood Hills No. 1 Subdivision and ends at the rim of the cul-de-sac that connects Lot 1, Lot 3, and Lot 4 of the Rolla Skilled Nursing Home Facility Plat No. 2 be changed from Eagleson Drive to Silverstone Drive. (Ord. 4442, §1)

  2. That this Ordinance shall be in full force and effect from and after the date of its passage and approval. (Ord. 4442, §2)

Sec. 36-20.17      Change the name of the west end of 12th Street that is situated between 14th Street and the vacated section of 12th Street, which is currently part of the parcel that is identified by the Phelps County Assessor Account Number of 7071, to Finch Street. (12th to Fitch Street)

  1. That after consideration, the City Council approved the request to change the west end of 12th Street that is situated between 14th Street and the vacated section of 12th street, which is currently part of the parcel that is identified by the Phelps County Assessor Account Number of 7071 to Fitch Street. (Ord. 4471, §1)

  2. That this Ordinance shall be in full force and effect from and after the date of its passage and approval. (Ord. 4471, §2)

Sec. 36-20.18      Change the name of Fraternity Circle to Spruce Drive. (STR 22-01)

  1. That after consideration, the City Council approved the request to change the name of Fraternity Circle to Spruce Drive between State Hwy E and Fraternity Drive. (Ord. 4707, §1)
  2. This Ordinance shall be in full force and effect from and after the date of its passage and approval. (Ord. 4707, §2)

Sec. 36-20.19   Change the name of a portion of University Drive to Tim Bradley Way (STR 22-02)

  1. That after consideration, the City Council approved the request to change the name of University Drive to Tim Bradley Way between that portion of Tim Bradley Way which has been dedicated by the Bradley Addition plat and the roundabout north of I-44, where Naggogami Rd and White Columns Drive terminate. (Ord. 4708, §1)
  2. This Ordinance shall be in full force and effect from and after the date of its passage and approval. (Ord. 4708, §2)

Sec. 36-20.20   Change the name of a portion of Kingshighway and Ridgeview Road to Highway 72 (STR 22-03)

  1. That after consideration, the City Council approved the request to change the name of Kingshighway to Highway 72 between the roundabout north of I-44, where Old Wire Outer Road terminates and that portion of Highway 72 which was dedicated by the Highway 72 Extension West plat. (Ord. 4709, §1)
  2. That after consideration, the City Council approved the request to change the name of Ridgeview Road to Highway 72 between Bishop Avenue and that portion of Highway 72 which was dedicated by the Highway 72 Extension plat. (Ord. 4709, §2)
  3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. (Ord. 4709, §3)

ARTICLE III - RIGHTS-OF-WAY MANAGEMENT

DIVISION 1. GENERALLY

Sec. 36-21. Work to be done in accordance with standard plans and specifications.

Any person who shall do any work for which a permit is required hereunder shall conduct such work in accordance with standard plans and specifications on file in the office of the Director of Public Works. (Ord. 4004, §1; Ord. 4469, §1)



Sec. 36-22. Operations under supervision of Director of Public Works.

All operations for which a permit is granted pursuant to this article shall be under the direction and supervision of the Director of Public Works.  (Ord. 4004, §1; Ord. 4469, §1)



Sec. 36-23. Authority of Director of Public Works.

Whenever the use, convenience or necessity of the public shall require it, the Director of Public Works shall have the authority to order the owners or agents in charge of property adjacent to which curb cuts, sidewalks, curbs, or driveways are maintained upon the rights-of-way, alter such improvement in such manner as he shall find reasonably necessary under the circumstances, if such improvement fails to conform to the aforesaid standard plans and specifications. The Director shall allow a reasonable period of time for such alteration to be made. It shall be unlawful for any person to maintain such nonconforming curb cut, sidewalk, curb or driveway after the expiration of such time. (Ord. 4004, §1; Ord. 4469, §1)



Sec. 36-24.  Applicability – preemption.

  1. Applicability. Except as provided for herein and where limited by applicable law, Articles III-VI shall apply to all excavations and use, construction, operation, and maintenance of facilities or structures, in the ROW of the city.  No person shall commence or continue with the operation of any facilities or structures in the ROW except as provided and in compliance with Articles III-VI.  Because numerous types of users and uses of the ROW may be subject to various or changing regulatory schemes under federal or state law, any such limitation or qualification that may be applicable to less than all users and uses of the ROW are not duplicated herein, but are nevertheless incorporated herein, whenever application is so required by law, including but not limited to applicable provisions of Chapter 67 RSMo. and other applicable state and federal law.  

  2. Preemption.  No provision of this chapter shall apply to any circumstance in which such application shall be unlawful under superseding federal or state law and furthermore, if any section, subsection, sentence, clause, phrase, or portion of this chapter is now or in the future superseded or preempted by state or federal law or found by a court of competent jurisdiction to be unauthorized, such provision shall be automatically interpreted and applied as required by law.  (Ord. 4469, §1)


DIVISION 2. PERMITS

Sec. 36-25. DEFINITIONS.

For purposes of Articles III-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 Facilities - Any equipment, materials, apparatuses, devices, or facilities that are: 1) declared abandoned by the owner of such equipment or facilities, 2) no longer in active use for a period of six 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 3) as otherwise may be defined by applicable law.

Antenna - Any 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.

Applicant - Any 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 Service - The 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 Excavate - Any 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:

  1. Any de minims displacement or movement of ground caused by pedestrian or vehicular traffic;
  2. The replacement of utility poles and related equipment at the existing general location that does not involve either a street or sidewalk cut; or
  3. 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 Facility - Any 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. 

Facilities Maintenance or Maintenance - The construction, installation, repair, upgrade, or other physical access to the facility in the ROW that does not involve excavation.

Franchise - A 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. 

License - The 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 Permit - A 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.

Person - A corporation, partnership, proprietorship, individual, organization, governmental entity, or any natural person.

Rights-of-way or ROW - The 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 Agreement - The 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 Permit - An Excavation Permit and/or an Obstruction Permit.

ROW User - All 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.  

(Ord. 4469, §1)



Sec. 36-26. Franchise, ROW Use Agreements, or Licenses required.

  1. Franchise, ROW Use Agreement, or License.

    1. Franchise. A Franchise shall be obtained in conformance with all applicable Franchise procedures for any ROW user seeking to use 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.

    2. ROW Use Agreement. A ROW Use Agreement shall be required for all other ROW users, except as provided herein or otherwise required by law. A ROW Use Agreement shall conform to all applicable laws and requirements, including as provided herein, but shall not be subject to procedures applicable to Franchises.

    3. License for Incidental Uses. Persons desiring to install an incidental use, which includes installation of temporary structures or minor incidental uses in the rights-of-way, such as driveway aprons, ingress or egress facilities, and similar incidental uses that utilize a small area of the rights-of-way and serves the principal structure, may be permitted without a Franchise or ROW Use Agreement pursuant to a License issued by the Director of Public Works. The Director of Public Works shall have discretion to establish such application, requirements, and conditions applicable to such uses consistent with the purposes of Articles III-VI or as otherwise established by law. The applicant shall be required to pay an application fee and an inspection fee as established by the Director of Public Work. Any person granted a License hereunder shall be subject to the applicable requirements of Articles III-VI. Unless otherwise stated in the License, a License shall be for an indefinite time and shall be revocable at any time on written notice in the public interest by the city.

  2. Condition Precedent to ROW Permit. Unless otherwise required by applicable law, no ROW Permit required under Article IV may be issued to any person unless or until such person has a valid Franchise, ROW Use Agreement, or License with the city that authorizes that person’s use of the rights-of-way. Unless prohibited by applicable law, in addition to any other reason provided herein, the Director of Public Works may deny a ROW Permit to any person that does not have a valid Franchise, ROW Use Agreement, or License with the city.

  3. Grant and Nature of Approval; Terms and Compensation. The authority granted by the city pursuant to any ROW Use Agreement, Franchise, or License shall be for non-exclusive use of the city’s rights-of-way. Such grant does not in any way limit the continuing authority of the city through the proper exercise of its statutory powers to adopt and enforce ordinances necessary to provide for the health, safety, and welfare of the public.  The granting of any ROW Use Agreement, License, or Franchise by the city shall not be deemed to create any property interest of any kind in favor of the ROW user, nor shall it create any relationship of agency, partnership, joint venture, or employment between the parties.

  4. Transferability. The Director of Public Works shall not unreasonably withhold its consent as provided herein, but any costs incurred shall be paid by the ROW user to the extent not prohibited by applicable law. In the case of the city granting consent to transfer, the transferee shall be subject to the terms and conditions of Articles III-VI.

  5. Use of City or Third-Party Facilities. No ROW Use Agreement, Franchise, or License shall grant the right to use facilities owned or controlled by the city (including Rolla Municipal Utilities) or a third party, and no such use shall occur, nor shall any Franchise, ROW Use Agreement, or License excuse such person from first obtaining a pole attachment agreement or other express consent for such right or use before locating on facilities controlled or owned by the city (including Rolla Municipal Utilities) or a third party.

  6. Lease Required for Public Lands. Unless otherwise provided, use or installation of any facilities or other structure within non-rights-of-way public property of the city 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 as the city may require.

  7. Forfeiture of Agreement and Privilege.  In case of failure on the part of the ROW user, including its successors and assigns, to comply with any of the provisions of Articles III-VI or a ROW Use Agreement or Franchise, or if the ROW user, its successors and assigns should do or cause to be done any act or thing prohibited by or in violation of Articles III-VI or the terms of the authorization of such use, or otherwise loses authority to provide its service in the city, the ROW user, its successors and assigns shall forfeit all rights and privileges permitted by any ROW Use Agreement or Franchise, and all rights thereunder shall cease, terminate, and become null and void, provided that said forfeiture shall not take effect until the city shall carry out the following proceedings: Before the city declares the forfeiture or revocation of a ROW Use Agreement or Franchise, it shall first serve a written notice upon the person setting forth in detail the neglect or failure complained of, and the person shall have thirty (30) days thereafter, or such other reasonable period established by the Director of Public Works, in which to cure the default by complying with the conditions of the such ROW Use Agreement or Franchise and fully remedying any default or violation. If at the end of such period, the city determines that the conditions have not been complied with and that the person did not reasonably and in the public interest require more than the established time to cure the default, the city shall take action by an affirmative vote of the city council present at the meeting and voting to terminate the ROW Use Agreement or Franchise, setting out the grounds upon which said authorization is to be forfeited or revoked. Nothing herein shall prevent the city from invoking any other remedy or from declaring immediate forfeiture where the default is incapable of being cured by the ROW user, including where such defaults or violations have repeatedly occurred. (Ord. 4469, §1)

 



Sec. 36-27. Application for Franchise or ROW Use Agreement.

  1. a. Application Form. An application for a Franchise or ROW Use Agreement shall be provided to the city on city forms and shall include all such information as is required by Articles III-VI and as determined necessary by the Director of Public Works. The ROW user shall be responsible for accurately maintaining the information in the application during the term of any Franchise or ROW Use 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 Deposit Fee. An application deposit of $500.00, or such other amount determined to be required, shall be submitted with the application, which shall be utilized to at least partly offset the city's costs in reviewing and issuing an agreement, consistent with applicable law provided that no costs shall be included if such inclusion is prohibited by applicable law as to that person; any amount not used by the city for its actual lawfully reimbursable costs will be refunded upon request after execution of a ROW Use Agreement or Franchise. If applicable, the applicant shall be obligated to reimburse the city for its reasonable expenses associated with the review, negotiation, and adoption of an appropriate ROW Use Agreement or Franchise that may exceed the application deposit.

  3. Standard for Approval or Renewal. In reviewing an application for a new or renewal ROW Use Agreement or Franchise, the city may consider prior conduct of the person in performance of its obligations or compliance with the city's ordinances in the past, or the existence of any outstanding violations or deficiencies. The city may deny or condition any ROW Use Agreement outstanding violations or deficiencies. The city may deny or condition any ROW Use Agreement or Franchise where the proposed use would interfere with the public use of the rights-of-way or otherwise conflict with the legitimate public interests of the city to fulfill the requirements and objectives of Articles III-VI or as otherwise provided by law. All ROW Use Agreements or Franchises may be approved by ordinance or resolution of the city council after receipt of an executed copy from applicant, and applications shall be decided on a non-discriminatory basis and shall be approved, conditioned or denied based on compliance with all applicable requirements herein, and conformance with applicable law and the public interest. The city may, if appropriate, notwithstanding the provisions herein approve form agreements that may be executed by the Director of Public Works in substantially the form approved.

(Ord. 4469, §1)


Sec. 36-28. General Row obligations.

  1. Compliance with Laws. Each ROW user shall comply with all applicable federal and state laws and regulations and rules as well as all city ordinances, resolutions, rules, and regulations heretofore and hereafter adopted or established.

  2. Zoning, Safety, and Building Code Compliance.  ROW users shall at all times be subject to the lawful exercise of the police powers of the city, including but not limited to all police powers regarding zoning, supervision of the restoration of the rights-of-way, building and safety regulations, and control of the rights-of-way currently in effect or as may be amended.  Installation of all facilities in the rights-of-way are subject to and must be in compliance with all applicable zoning and safety and building code requirements. For applications for installation of any facility in the rights-of-way, the most restrictive adjacent underlying zoning district classification shall apply unless otherwise specifically zoned and designated on the official zoning district map.

  3. No Warranties. The city makes no express or implied representation or warranty regarding its rights to authorize the installation or construction of facilities on any particular segment of rights-of-way and shall not be liable for any damages therefrom. The burden and responsibility for making all such determinations in advance of construction or installation shall be entirely upon the ROW user. The ROW user shall be solely liable for any damages to facilities or other property due to excavation, facilities maintenance, or other work performed prior to obtaining the location of all facilities that have been properly identified prior to such work. The ROW user shall not make or attempt to make repairs, relocation, or replacement of damaged or disturbed facilities without the approval of the owner of the facilities.

  4. No Waiver.  No action or omission of the city shall operate as a future waiver of any rights of the city under Articles III-VI. Except where rights are expressly granted or waived by a ROW Permit, ROW Use Agreement, Franchise, or License they are reserved, whether or not expressly enumerated.

  5. No Cause of Action Against the City. As a condition for use of the rights-of-way, a ROW user shall have no damages, remedy, or monetary recourse whatsoever against the city for any loss, cost, expense, or damage arising from any of the provisions or requirements of any ROW Use Agreement, Franchise, or License, or because of the enforcement thereof by the city, or from the use of the rights-of-way.  Nothing herein shall preclude the ROW user from seeking injunctive or declaratory judgment relief against the city where such relief is otherwise available, and the requirements therefor are otherwise satisfied.

  6. Maintenance of Facilities.  Each ROW user shall maintain its facilities in good and safe condition and in a manner that complies with all applicable federal, state, and local requirements.

  7. Subordinate Use. The ROW user’s use shall be, in all situations, subordinate and subject to public municipal use.

  8. Responsible for Subcontractors. If excavation or facilities maintenance 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 facilities maintenance of said person is performed consistent with its ROW Permit and applicable law (including that the contractor shall be properly licensed under the State of Missouri and local ordinances) and shall be responsible for promptly correcting acts or omissions by said person.

  9. Insurance; Exceptions. Except as provided in this section, each ROW user shall provide, at its sole expense, and maintain during the term of any ROW Use Agreement or Franchise or anytime the ROW user has facilities in the ROW, 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 such use of the ROW, whether such operations are by the ROW user, its officers, directors, employees, and agents, or any contractors or 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’s operations, products, services, or use of automobiles or construction equipment. The amount of insurance for single limit coverage applying to bodily and personal injury and property damage shall be in no event less than the individual and combined sovereign immunity limits established by § 537.610 RSMo. for political subdivisions; provided that nothing herein shall be deemed to waive the city's sovereign immunity. An endorsement which states that the city as an additional insured with full and equivalent coverage as the insured under the insured’s policy 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 Director or Public Works.  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 as the ROW user is exempted from such requirements pursuant to § 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 does not have a history of permitting noncompliance with the City. Additionally, in accordance with § 67.5121(3), a self-insured ROW user shall not be required to obtain insurance naming the city as an additional insured solely to the extent such ROW user is utilizing “Small Wireless Facilities” as defined in the Uniform Small Wireless Facility Deployment Act within the ROW. This exception to the city’s insurance requirements shall only apply as related to “Small Wireless Facilities” and shall not otherwise alter the obligations of a ROW user to provide appropriate insurance to the city for any other activities or operations.  The city may waive any and all requirements under this subsection when deemed to be lawful and in the public interest.

  10. Performance and Maintenance Bonds.

    1. Bond Required.  Prior to any work, a ROW user shall establish in the city's favor a performance and maintenance bond in an amount to be determined by the Director of Public Works to guarantee the restoration of the rights-of-way as more fully provided in Section 36-77. The bond shall continue in full force and effect for a period of forty-eight (48) months following completion of the work. The Director may waive this requirement when the work involves, as determined in the sole discretion of the Director, no or only minor disruption or damage to the rights-of-way.

    2. Failure to Satisfactorily Complete Restoration.  If a ROW user fails to complete the restoration work in a safe, timely, and competent manner or if the completed restorative work fails without remediation within the time period for the bond (as determined by the Director of Public Works), then after notice and a reasonable opportunity to cure, there shall be recoverable, jointly and severally from the principal and surety of the bond, any damages or loss suffered by the city as a result, including the full amount of any compensation, indemnification, or cost of removal or abandonment of any property of the ROW user and the cost of completing work in or restoring the rights-of-way, up to the full amount of the bond. The city may also recover against the bond any amount recoverable against a security fund or letter of credit where such amount exceeds that available under a security fund or letter of credit.

    3. Bond Terms.  The bond shall be issued by a surety with an "A" or better rating of insurance in Best's Key Rating Guide, Property/Casualty Edition, shall be subject to the approval of the city's attorney and shall contain the following endorsement: "This bond may not be cancelled or allowed to lapse until sixty (60) days after receipt by the city, by certified mail, return receipt requested, of a written notice from the issuer of the bond of intent to cancel or not to renew."

    4. Exception.  The city may waive any and all requirements under this subsection when deemed to be lawful and in the public interest.   Further, in lieu of the bond required herein, the ROW user may establish in the city's favor such other security as the Director of Public Works may determine to be commensurate with the noted bonding requirements including, but not limited to, an annual bond to be maintained in the minimum amount of twenty-five thousand dollars ($25,000.00). The bond requirements in this section or otherwise shall not apply to a ROW user to the extent and for such period as the ROW user is exempted from such requirements pursuant to § 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 facts otherwise demonstrating the ROW user is exempted, unless otherwise provided by a ROW Use Agreement or Franchise or the city determines such exemption has not been adequately shown. Additionally, in accordance with § 67.5121(4), the bonds required for “Small Wireless Facilities” as defined in the Uniform Small Wireless Facility Deployment Act shall not exceed one thousand five hundred dollars ($1,500.00) per “Small Wireless Facility” or more seventy-five thousand dollars ($75,000.00) for all “Small Wireless Facilities” within the ROW of a ROW user. This exception to the city’s bonding requirements shall only apply as related to such “Small Wireless Facilities” and shall not otherwise alter the obligations of a ROW user to provide appropriate bonds to the city for any other activities or operations.

  11. Indemnification. Any person performing excavation or a ROW user as a condition of use of the rights-of-way shall at its sole cost and expense fully indemnify, protect, defend (with counsel acceptable to the city), and hold harmless the city, its municipal officials, officers, employees, and agents, from and against any and all claims, demands, suits, proceedings, and actions, liability, and judgment by other persons for damages, losses, costs, and expenses, including attorney fees, arising, directly or indirectly, in whole or in part, from the action or inaction of the person performing excavation or ROW user, its agents, representatives, employees, contractors, subcontractors, or any other person for whose acts the person performing excavation or ROW user may be liable, in constructing, operating, maintaining, repairing, restoring, or removing facilities or other structures, or use of the rights-or-way or the activities performed, or failed to be performed, by the person performing excavation or ROW user under Articles III-VI or applicable law, or otherwise, except to the extent arising from or caused by the sole or gross negligence or willful misconduct of the city, its elected officials, officers, employees, agents, or contractors. Nothing herein shall be deemed to prevent the city, or any agent from participating in the defense of any litigation by their own counsel at their own expense. Such participation shall not under any circumstances relieve the person from the duty to defend against liability or its duty to pay any judgment entered against the city or its agents. This indemnification shall survive the expiration or termination of any ROW Use Agreement, Franchise, License, or ROW Permit.  Provided however, that in accordance with § 67.5121(2), a ROW user which is a Wireless Provider,  for and in relation to that the Wireless Provider’s  operation of a “Small Wireless Facility” as defined in the Uniform Small Wireless Facility Deployment Act within the ROW, shall only indemnify and hold the city, its officers and employees, harmless against any damage or personal injury caused by the negligence of the ROW user, its employees, agents, or contractors.

  12. ROW User Responsible for Costs. The ROW user shall be responsible for all reasonable costs borne by the city that are directly associated with ROW user's installation, maintenance, repair, operation, use, and replacement of its facilities in the rights-of-way that are not otherwise accounted for as part of the ROW Permit fee established pursuant to Article IV, or other applicable application fee with respect to a ROW user’s request to place facilities in the ROW, to the extent permitted by law. All such costs shall be itemized, and the city's books and records related to these costs shall be made available upon request of the ROW user.  (Ord. 4469, §1)

 


Sec. 36-29. Facility location requirements.

  1. Exclusion of Certain Locations/Facilities. To the extent permitted by applicable law, the Director of Public Works may designate certain locations or facilities in the rights-of-way to be excluded from use by the ROW user, including but not limited to, ornamental or similar specially-designed street lights or other facilities or locations which, in the reasonable judgment of the Director of Public Works cannot safely bear the weight or wind loading thereof, or any other facility or location that in the reasonable judgment of the Director of Public Works would be rendered unsafe or unstable by the installation; provided, however, that pursuant to R.S.Mo. 67.5112(6), a wireless provider shall be permitted to replace decorative poles when necessary to collocate a Small Wireless Facility so long as any such replacement pole reasonably conforms to the design aesthetics of the decorative poles being replaced. The Director of Public Works may further exclude certain other facilities that have been designated or planned for other use or are not otherwise available for use by the ROW user due to engineering, technological, proprietary, legal, or other limitations or restrictions as may be reasonably determined by the city. In the event such exclusions conflict with the reasonable requirements of the ROW user, the city will cooperate in good faith with the ROW user to attempt to find suitable alternatives, if available, provided that the city shall not be required to incur financial cost nor require the city to acquire new locations for the ROW user.

  2. Location, Type, and Design of Facilities Subject to Approval.

    1. Review Required.  The design, location, and nature of all facilities shall be subject to the review and approval of the Director of Public Works. Such review shall be on a non-discriminatory basis in application of city policy and approvals shall not be unreasonably withheld. City height limitations, applicable zoning restrictions, and general city policies with regard to all users of the rights-of-way shall be applicable to all facilities. The Director of Public Works may establish regulations or policies as may be deemed necessary or appropriate to affect this provision.

    2. Underground and Collocation of Facilities Required; Exceptions.  Except as provided herein or where prohibited by applicable law, no person may erect, construct, or install new poles or other facilities above the surface of the rights-of-way without the written permission of the city based on good cause established by applicant and found by the city. In addition, all new fiber optics, coaxial, and similar cable facilities shall be located within existing conduit, trenches, or other facilities to minimize unnecessary use of rights-of-way space, reduce potential existing or future interference and obstructions, and to reduce the cost to the public or others therefrom, and to maximize the public’s ability to use and license appropriate private or public uses of the rights-of-way in the public interest except where preempted by law or where good cause is established and written permission granted by the city.  Such permission may be granted by the city council when other similar facilities exist above-ground and conditions are such that underground construction is impossible, impractical or unfeasible, as determined by the city, and when in the city's judgment the above-ground construction has minimal aesthetic impact on the area where the construction is proposed. Where reasonable and appropriate and where adequate rights-of-way exists, the ROW user shall place above-ground facilities underground in conjunction with city capital improvement projects and/or at specific locations requested by the city provided that such placement is practical, efficient, and economically feasible. New utility poles and related ground mounted equipment shall be permitted to be installed above ground; provided, however, that to ensure unobstructed pedestrian use and city maintenance of the ROW and minimize visual obstructions for vehicular traffic, a new utility pole and any ground mounted equipment related to that utility pole or the equipment thereon shall not be installed within one hundred and fifty feet (150’) of another utility pole or other ground mounted equipment on the same side of the ROW.  A replacement utility pole that is installed in lieu of an existing utility pole and is installed within ten feet (10’) of the existing utility pole, shall not be considered a new utility pole subject to the spacing requirements herein. Such spacing regulations as applied to that specific site may be altered by the City Administrator upon good cause shown by the applicant including: (1) when and where nearby utility poles exist that are spaced closer than one hundred and fifty feet (150’) apart; (2) when conditions are such that no existing structure is available for placement of facilities; and (3) the utility pole can be placed to be minimally visually intrusive.

    3. Wireless Antennas and Facilities.  Pursuant to city authority, including Section 67.1830 RSMo. and the Uniform Small Wireless Facility Deployment Act (§§ 67.5110 et seq. RSMo.), and to properly manage the limited space in the city’s rights-of-way, minimize obstructions and interference with the use of the rights-of-way by the public and to ensure public safety, while also seeking to facilitate delivery of broadband technologies to city residents and businesses, wireless facilities shall be permitted in the rights-of-way in compliance with the requirements applicable to other facilities and users in the rights-of-way, and the additional requirements set forth in the Uniform Small Wireless Facility Deployment Act and this subsection for wireless antennas and facilities. 

      1. General Conditions.  Except as prohibited by law, any wireless facility in the rights-of-way shall be subject to conditions relating to the location (including prohibited or limited locations), design, height, appearance, safety, radio-frequency interference, and other interference issues as may be lawfully imposed by the city where necessary or appropriate to protect the public, and to conform to policies and interests of the public as may be set forth in special district plans, historic areas, or other policies as may be reasonably adopted by the Director of Public Works to address changing infrastructure, technology, and uses of the rights-of-way and/or city facilities.  A wireless facility shall not be located or installed in a manner that results in interference with or impairs the operation of existing utility facilities or city or third-party attachments. Wireless antennas or facilities shall further comply with (1) all applicable requirements for installation of any facilities in the rights-of-way as set forth in Articles III-V including a ROW Permit, (2) the applicable requirements of this section; and (3) requirements for installation of wireless antennas and facilities set forth in the Uniform Wireless Communications Infrastructure Deployment Act (§§ 67.5090 et seq. RSMo.), Uniform Small Wireless Facility Deployment Act (§§ 67.5110 et seq. RSMo.), applicable zoning, building, and other regulations and approvals, specifically including Chapter 42.

      2. Specific Conditions.

        1. Small Wireless Facilities. Any small wireless facility meeting the requirements for small wireless facility as defined by Section 42-397 and as provided in Section 42-400 shall be authorized to be located in the rights-of-way with approval of the Director of Public Works subject to the following additional requirements:

          1. If proposing to install a new authority pole as defined by Section 42-397, compliance with the spacing requirements herein;

          2. Compliance with § 67.5113.3(9) RSMo. to the satisfaction of the city;

          3. For collocations on city authority poles, all make-ready estimates for the authority pole, including replacement costs where necessary for the safety and reliability of the utility pole, as determined by the city;

          4. Attestation that the proposed small wireless facility meets the volumetric requirements to meet the definition of a small wireless facility in Section 42-397; and

          5. Any other requirements which may be applicable to the proposed small wireless facility pursuant to the Uniform Small Wireless Facility Deployment Act (§§ 67.5110 et seq. RSMo.).

        2. "Fast-Track" Small Wireless Collocation.  Any wireless facility meeting the requirements of a fast-track as defined by Section 42-397, and as provided in Section 42-401, may be authorized to be located in the rights-of-way with approval of the Director of Public Works subject to the following additional requirements:

          1. Attestation that the proposed facilities meet the volumetric requirements to meet the definition of fast-track in Section 42-397;

          2. No ground equipment shall be authorized;

          3. If the proposed structure the applicant proposes to locate its fast-track is not structurally sound, but the Director finds such to be a desired location, the Director of Public Works can require the applicant to install a new substantially similar structure at its cost; and

          4. Compliance with the spacing requirements herein if granted a waiver under the fast-track zoning procedure to install a new structure.

        3. All other Wireless in ROW.  Any wireless facility located on a utility pole, authority pole, or existing structure as defined by Section 42-397 but not meeting the requirements of (a) Small Wireless Facilities or (b) Fast-Track Small Wireless Collocation above, may be approved, subject to reasonable and nondiscriminatory conditions as may be imposed consistent with the purposes of this section, only upon approval by the City Administrator upon a determination by the City Administrator, to the extent the same considerations apply to requests for placements of other types of infrastructure deployments, that such wireless facility: (1) does not negatively impact appearance or property values in light of the location, design, and circumstances to be approved, (2) does not create any reasonable safety risk, and (3) complies with all applicable and reasonable zoning, rights-of-way, and other applicable requirements.

      3. Wireless Facility Compensation.  If the small wireless facility or fast track is to be located on a city owned structure or authority pole, but not including the assets of Rolla Municipal Utilities (“RMU”) an annual payment of $150.00 per attachment shall be required. To extent permitted by applicable law, the rates for collocation of facilities on assets owned by RMU shall be established by RMU.

      4. Application Requirements.  Any application including one or more wireless antennas or facilities shall include all applicable and lawful requirements: (1) for installation of any facilities in the rights-of-way as set forth in Articles III-IV(2) of this section; and (3) for installation of wireless antennas and facilities set forth in the Uniform Wireless Communications Infrastructure Deployment Act (§§ 67.5090 et. seq. RSMo.), city’s zoning code, and other applicable law including written proof of consent of landowner and of structure owner.

    4. Mapping of Facilities. Upon completion of the ROW work involving installation of new facilities, the ROW user shall supply the city copies of as-built and detailed maps showing the exact location of all facilities installed in the ROW after August 28, 2001 in the electronic form that the ROW user keeps such data.  As a condition of continued ROW use, all ROW users shall, on an annual basis, provide the city with as-builts or other detailed maps of the ROW user’s current facilities in the electronic form that the ROW user keeps such data. Such annual requirement may be waived by the Director of Public Works upon written request.

    5. Sight Triangle Maintained.  ROW users shall comply with the requirements of site triangles and nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision within the triangular area formed by the rights-of-way lines and a line connecting them at points as reasonably determined by the Director of Public Works from their point of intersection so as to ensure public safety is maintained. 

    6. No Interference. All ROW users shall construct and maintain its facilities so as not to disrupt or interfere with other users of the rights-of-way including the city. The ROW user shall not interfere with or alter the facilities of the city or other ROW user without their consent and shall be solely responsible for such.  Except as may otherwise be provided or as determined by the Director of Public Works, the ROW user shall, prior to commencement of work, execute a city-approved resident-notification plan to notify residents affected by the proposed work. All construction and maintenance by the ROW user or its subcontractors shall be performed in accordance with industry standards. The ROW user shall, in the performance of any excavation, facilities maintenance, or other ROW work, limit such work to that necessary for efficient operation and so as not to interfere with other users of the rights-of-way. All facilities and other structures shall be installed and located to cause minimum interference with the rights and convenience of property owners, ROW users, and the city. Facilities and other structures shall not be placed where they will disrupt or interfere with other facilities, structures, or public improvements or obstruct or hinder in any manner the various utilities serving the residents and businesses in the city or public improvements. If authorized, above-ground facilities shall be constructed and maintained in such a manner so as not to emit any unnecessary or intrusive noise. When reasonable and necessary to accomplish such purposes, the Director may require as alternatives to the proposed work either less disruptive methods or different locations for facilities consistent with applicable law.

(Ord. 4469, §1)


Sec. 36-30. Relocation of facilities.

  1. City Required Relocation. The ROW user shall promptly remove, relocate, or adjust any facilities located in the rights-of-way as directed by the city when such is required by public necessity, or public convenience and security require it, or such other findings in the public interest that may require relocation, adjustment, or removal at the cost of the ROW user. Such removal, relocation, or adjustment shall be performed by the ROW user within the time frames established by the city and at the ROW user's sole expense without any 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.

  2. Emergency Exception. In the event of an emergency or where construction equipment or facilities create or are contributing to an imminent danger to health, safety, or property, the city may, to the extent allowed by law, remove, re-lay, or relocate such construction equipment or the pertinent parts of such facilities without charge to the city for such action or for restoration or repair. The city shall attempt to notify the person having facilities in the rights-of-way prior to taking such action, but the inability to do so shall not prevent the same. Thereafter, the city shall notify the person having facilities in the rights-of-way as soon as practicable.

  3. Abandonment Exception. Rather than relocate facilities as requested or directed, a ROW user may abandon the facilities if approved by the city as provided below in this section.

  4. ROW User Responsible for Damage. Any damages suffered by the city, its agents, or its contractors to the extent caused by the ROW user's failure to timely relocate, remove, or adjust its facilities, or failure to properly relocate, remove, or adjust such facilities, shall be borne by the ROW user. Where the ROW user shall fail to relocate facilities as required by the city, the city may, but shall not be required to, upon notice to the ROW user remove the obstructing facilities with or without further delay and the ROW user shall bear all responsibility and liability for the consequences therefrom, and the city shall bear no responsibility to the ROW user or others for damage resulting from such removal.

  5. No Vested Rights. No action hereunder shall be deemed a taking of property and no person shall be entitled to any compensation therefor. No location of any facilities in the rights-of-way shall be a vested interest or property right.

  6. Abandoned Facilities; Removal. A person owning abandoned facilities in the rights-of-way must not later than thirty (30) days of notice or of abandonment remove its facilities and replace or restore any damage or disturbance caused by the removal at its own expense. The Director of Public Works may upon written application and written approval allow underground facilities or portions thereof to remain in place if the Director determines that it is in the best interest of public health, safety, and general welfare to do so. The city shall be entitled to all costs of removal and enforcement for any violation of this provision.

  7. Nuisance. Facilities abandoned or otherwise left unused in violation of Articles III-V are deemed to be a nuisance. The city may exercise any remedies or rights it has at law or in equity, including, but not limited to, (a) abating the nuisance, (b) taking possession and ownership of the facility and restoring it to a useable function, or (c) requiring the removal of the facility by the ROW user. (Ord. 4469, §1)

Secs. 36-31 to 36-40.  Reserved.


ARTICLE IV - ROW PERMITS

Sec. 36-41.  Excavation Permit required – exceptions.

No person shall make or cause to be made any excavations nor construct, reconstruct, repair, alter, or grade any sidewalk, curb, curb cut, driveway, or street in any ROW without an Excavation Permit issued by the Director of Public Works to do so, except public work done under the authority of the city council or in the case of an emergency. The cost of said permit shall be set out by the Director of Public Works.

An Excavation Permit should be obtained for each project unless otherwise provided for by the Director of Public Works. A separate special permit or lease shall be required for excavation in or use of any real property interest of the city that is not ROW. (Ord. 4469, §1)


Sec. 36-42.  Obstruction Permit required – exceptions.

  1. Permit Required. It shall be unlawful to occupy or obstruct any ROW or sidewalk (including to temporarily place thereon materials or rubbish from building operations or for excavation of any area under a sidewalk or for any purpose whatever in connection with the erection, removal, alteration, or repair of any building or other structures) without an Obstruction Permit or License from the Public Works Director unless such work is authorized by an existing valid Excavation Permit or is exempt herein.
  2. Exceptions. An Obstruction Permit shall not be required for:
    1. ROW users performing routine maintenance which does not require excavation, does not disrupt traffic or pedestrians, and requires no more than four (4) hours to complete, provided that at minimum two (2) hours' notice is provided to the Director of Public Works during normal business hours;
    2. Emergency situations as more fully described in Section 36-47 below;
    3. Contractors working on the construction or reconstruction of public improvements and which are operating pursuant to a contract with the city for such construction; or
    4. Routine maintenance on previously approved small wireless facilities, as defined by Section 42-397, replacement of such small wireless facilities that are the same or smaller in size, weight, and height, or installation placement, maintenance, operation, or replacement of micro wireless facilities, as defined by Section 67.5111 RSMo., that are strung on cables between utility poles in compliance with applicable safety and building codes, when such work will not involve excavation, affect traffic patterns, obstruct traffic in the ROW, or materially impede the use of a sidewalk, and provided the ROW user submits as-builts of the new small wireless facilities or micro wireless facilities so the city may maintain an accurate inventory of facilities installed in the ROW.
  3. Permit Conditions. In addition to the applicable conditions and obligations set forth in Articles III-VI, conditions of an Obstruction Permit shall be as established in such Permit and shall include requirements of notice to and approval by the Public Works Director whenever traffic lanes are to be obstructed, manhole covers or safety barriers removed or altered, temporary or other barricades installed, and other events set forth in such Permit. (Ord. 4469, §1)

Sec. 36-43.  Extent of ROW Permit generally.

The extent of occupation of a ROW or sidewalk or part thereof for which a ROW Permit may be granted by the Public Works Director, shall be as follows:

    1. The ROW Permit shall not authorize the occupation of any sidewalk or ROW or part thereof, other than that immediately in front of or in the rear of the premises for the building upon which the ROW Permit is issued.

      Earth taken from the excavation and rubbish taken from buildings must not be scattered upon sidewalks or the ROW and must be removed from day to day as rapidly as produced and where dry rubbish, likely to produce dust, is being handled, it must be kept wet so as to prevent being blown about by the wind. (Ord. 4469, §1)

Sec. 36-44.  ROW Permit application.

The Director of Public Works is authorized to draft an application form consistent with the requirements of Articles III-V.  An applicant for an ROW Permit hereunder shall file with the Director of Public Works an application showing at minimum:

    1. The name and address of the owner or agent in charge of the property abutting the proposed work area.
    2. The name and address of the party doing the work.
    3. The location of the work area.
    4. The duration and dates of the closure or restriction.
    5. If Excavation is proposed, statement that applicant has complied with Missouri One Call.
    6. Such other information as the Director of Public Works shall find reasonably necessary to the determination of whether a permit should be issued hereunder. (Ord. 4469, §1)


Sec. 36-45. Fee.

An application for ROW Permits shall be accompanied by a fee established by the Director of Public Works. An applicant whose ROW Permit application has been withdrawn, abandoned, or denied for failure to comply with Articles III-VI shall not be refunded the application fee. (Ord. 4469, §1)


Sec. 36-46. Issuance.

  1. Issuance Determinations.  The Director of Public Works shall issue a ROW Permit hereunder when he has determined:

    1. That a sufficient application has been made, accompanied by payment of the appropriate fee.

    2. That the work will be done according to the standard plans and specifications on file in the office of the Director of Public Works.

    3. That the operation will not unreasonably interfere with the vehicular and pedestrian traffic, the demand and necessity for parking space, and the means of egress to and from the property involved and adjacent properties.

    4. That the health, welfare, and safety of the public will not be unreasonably impaired.

    5. That the applicant agrees to follow all rules and regulations for sidewalk closures issued by the Director of Public Works.

  2. Renewal.  ROW Permits will be allowed to be renewed once; provided that the time granted in the original ROW Permit plus the time granted in such renewal Permit shall not exceed thirty (30) days. Additional renewals will require the applicant to make application to the city council.

  3. Transferability.  Unless otherwise provided or as otherwise required by law, no ROW Permit may be transferred or assigned without the written application to and consent of the Director of Public Works based on the requirements and policies of Articles III-V.

  4. Condition Imposition.  The Director of Public Works may impose reasonable conditions upon the issuance of a ROW Permit and the performance of work 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. Installation and collocation of small wireless facility, as defined by Section 42-397, shall be completed within one (1) year of issuance of the ROW Permit or the ROW Permit shall become null and void and shall no longer authorize installation or collocation such small wireless facility. (Ord. 4469, §1)


Sec. 36-47. ROW Permit requirements

  1. ROW Permit Conditions.  Every ROW Permit issued hereunder shall incorporate the applicable requirements and terms of Articles III-VI, agreements, and all applicable ordinances, to the extent permitted by law.  The ROW user shall perform such work in accordance with the issued permit and applicable provisions of Articles III-VI and any subsequent ordinances or regulations that may be adopted by the city regarding excavation or obstruction work in effect at the time such permit issues. In addition, all ROW users 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 ROW Permits and fees, sidewalk and pavement cuts, facility location, construction coordination, surface restoration, and other requirements on the use of the rights-of-way. A ROW user shall perform all excavations or obstruction work in full compliance with 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 Public Service Commission, Federal Communications Commission, and any other local, state, or federal agency having jurisdiction over the parties. The ROW user shall comply with the excavation requirements established by §§ 319.010 et. seq. RSMo., as amended. A ROW user shall be responsible for all excavations or obstruction work done in the rights-of-way on its behalf, regardless of by whom the work is done.

  2. Emergency Exception.  In the event of an emergency requiring immediate attention to remedy defects, and in order to avoid loss of damage to person or property, it shall be sufficient that the person conducting the work shall as soon as practicable notify the city of the location of the work and shall apply for the required permit as soon as practicable following the commencement of the work, not to exceed the third (3rd) business day thereafter, or as otherwise directed by the Director of Public Works. In the event the city becomes aware of an emergency requiring facilities work the Director of Public Works shall attempt to contact a representative of each ROW user affected, or potentially affected, by the emergency work.  If no response is received by a particular ROW user to whom contact is attempted, the Director of Public Works may take whatever action he/she deems necessary to respond to the emergency, the cost of which shall be borne by the person whose action or inaction occasioned the emergency or by the ROW user if the emergency was occasioned by an act of nature.

  3. Displayed. At all times during the work, ROW Permits shall be conspicuously displayed at the work site and shall be available for inspection by the Director of Public Works or other city official.

  4. ROW Permit Modification.  If at any time it appears that the duration or scope of the work is or will become materially different from that allowed by the ROW Permit, the ROW user shall inform the Director of Public Works. The Director of Public Works may issue a waiver, an extension, or revised ROW Permit, or require that the ROW user reapply for a ROW Permit in accordance with all requirements of Articles III-V. (Ord. 4469, §1)


Sec. 36-48.  ROW Permit denial and revocation.

  1. Denial.  The Director of Public Works may deny an application for a ROW Permit if:

    1. To the extent permitted by law, the person does not have a current Franchise, License, or ROW Use Agreement, or other authorization with the city.

    2. The ROW user, or any persons acting on the behalf of the ROW user, fails to provide all the necessary information requested by the city for managing the rights-of-way.

    3. The ROW user, or any persons acting on the behalf of the ROW user, including contractors or subcontractors, has a history of noncompliance or permitting noncompliance within the city. For purposes of this section, "history of noncompliance or permitting noncompliance within the city" shall include where the ROW user, or any persons acting on the behalf of the ROW user, including contractors or subcontractors, has failed to return the rights-of-way to its previous condition under a previous ROW Permit, or has violated terms, or is in violation of terms of the ROW users' Franchise, ROW Use Agreement, License, or other authorization with the city.

    4. The city has provided the ROW user with a reasonable, competitively neutral, and nondiscriminatory justification for requiring an alternative method for performing the excavation or facilities maintenance identified in the ROW Permit application, or a reasonable alternative route that will not result in additional installation expense of more than ten (10) percent to the ROW user or a declination of service quality. This shall not apply with respect to ROW Permits related to installing Small Wireless Facilities or Utility Poles for collocation of Small Wireless Facilities.

    5. Any other violations or noncompliance caused by or through the ROW user of any applicable city, state, or federal law or regulation, except where such violation is prohibited by applicable law for being a basis for denial. 

  2. Revocation.  The Director may, after reasonable notice and an opportunity to cure, revoke a ROW Permit without fee refund, but only in the event of a substantial breach of the terms and material conditions of the ROW Permit.  A substantial breach by a ROW User includes but is not limited to:

    1. A material violation of a provision of the ROW Permit;

    2. An evasion or attempt to evade any material provision of the ROW 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 ROW Permit application;

    4. A failure to complete work by the date specified in the ROW Permit, unless a ROW Permit extension is obtained, or unless the failure to complete the work is due to reasons beyond the ROW user's control;

    5. A failure to correct, within the time specified by the city, work that does not conform to applicable national safety codes, industry construction standards, or local safety codes, upon inspection and notification by the city of the faulty condition; or

    6. Such other lawful reasons. (Ord. 4469, §1)

Secs. 36-49 to 36-66. Reserved.



ARTICLE V - EXCAVATIONS IN ROW

Sec. 36-67.  Keeping ROW clean during operations.

It is the duty of any person carrying on any building operations, obstruction work, or excavations to keep the ROW and sidewalks where the operations are conducted in a clean and orderly condition during such operation. At the expiration of the time stipulated in the Excavation Permit, or whenever ordered by the Director of Public Works, the person to whom the Excavation Permit may be issued shall remove all materials and rubbish from the ROW and sidewalks operations and shall leave the same in a clean and orderly condition. (Ord. 4469, §1)


Sec. 36-68.  Right of city to clean ROW on failure of ROW user to do so – recovery of costs from tax bill or bond.

The Public Works Director is authorized to clean the ROW or where the operations are being carried on, whenever the same may be found in an unclean or disorderly condition and he shall remove or repile any building materials or rubbish or obstructions which may be found outside the spaces authorized by the Excavation Permit to be occupied, or within ten feet of any fire plug. He shall cause a voucher for the payment of the costs of such cleaning or removal to be issued which shall be charged against the property as outlined in Section 36-8 or the ROW user's performance bond. (Ord. 4469, §1)


Sec. 36-69.  Restoration of ROW by city if ROW user fails to restore – recovery of costs.

  1. Restoration.  The ROW user shall restore the rights-of-way and surrounding areas and shall comply with other reasonable conditions of the Public Works Director.  In the event that the rights-of-way is not restored to its original condition (including placement of sod to restore any grassy areas unless such requirement is waived by the Director in his/her sole discretion based on area disturbed and weather conditions), as determined by the inspection of the Public Works Director, within a period of thirty days from and after the date when such excavation shall have begun, then such ROW shall be restored to its original condition by the city and the costs and expenses to which the city may be put, on account of such or any violations of the conditions or regulations under which the same is done, shall be paid from the performance bond made with the city, including a twenty-five dollar inspection fee.

  2. Violation.  If any person fails to contact the Director for an inspection within a reasonable time, as determined by the Excavation Permit issued for the excavation, after completion of the work, to ensure that the rights-of-way or other public place has been restored to as good a condition as it was previous to such excavation being made, the excavation shall not be deemed complete and the ROW user shall be in violation of this chapter. (Ord. 4469, §1)


Sec. 36-70.  Excavation Standards and Specification Requirements.

  1. Specifications Generally.  Every person who shall make any excavation in or adjoining any ROW or public place, shall conform to the requirements of the ROW Permit and to conduct such work in accordance with standard plans and specifications on file in the office of the Director of Public Works. During any work, the person doing the work shall protect from damage any and all existing structures and property belonging to the city and any other person. Any and all rights-of-way, public property, or private property disturbed or damaged during the work shall be repaired or replaced by the person doing the work or the person on whose behalf the work is being done and such person shall immediately notify the owner of the fact of any damaged property. Such repair or replacement shall be completed within a reasonable time specified by the Director of Public Works and to his/her satisfaction.

  2. Excavation Specifications.  The person making an excavation shall abide by the following conditions:

    1. The initial cut in a street pavement shall be equal to the width of the trench with the option of being jack hammered or saw cut. The final cut in an asphaltic concrete street pavement shall be one (1) foot wider than the trench width and shall be made only by saw cutting of the pavement.

    2. For cuts in concrete paved streets, concrete pavement replacement shall be full slab length (joint-to-joint) and full slab width (curb or gutter to street centerline) unless specifically authorized otherwise by the Director of Public Works.

    3. Select backfill materials shall be required. "Select back-fill materials" shall mean those materials as established by the ROW Permit requirements and in accordance with the standard plans and specifications on file in the office of the Director of Public Works. All trenches shall be filled in their entirety with such select back-fill materials. All excess earth or dirt removed in the process of such excavation shall be removed from right-of-way by such person or his agent holding permit for such excavation.

    4. Compaction shall meet or exceed the most current version of the standards and conditions of the city and the ASTM International (American Society for Testing and Materials).  If inspections were not requested or a valid Excavation Permit obtained, the city may require compaction testing by a registered professional engineer licensed in the State of Missouri at the ROW user's expense.

  3. Erosion Control.  Before new excavation or construction is commenced and until sodding, planting, concreting, paving, or other final surfacing is in place, which will avoid washing or spreading of dirt and mud onto other property, sidewalks, curbs, gutters, streets, and the rights-of-way, the ROW user shall erect and maintain approved temporary erosion control measures to prevent such washing or spreading of materials. At the end of each day and as required throughout the day during the course of excavating or construction, dirt and mud on the sidewalks, curbs, gutters, streets, and the rights-of-way resulting from work must be removed.

  4. Alteration of Public Structures.  Any alteration to the existing water mains, sewerage or drainage system, or to any city, state, or other public structures or facilities in the rights-of-way required on account of the construction, installation, repair, or maintenance of facilities in the rights-of-way shall be made at the sole cost and expense of the owner of such facilities.

  5. Barricades.  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 ROW until the excavation is surfaced and opened for travel. All excavations and obstruction work that disturb traffic or pedestrian travel shall be barricaded in such a manner as to protect both pedestrians and vehicular traffic. Such excavations, obstruction work, and barricades shall be lighted at night with danger signals in such a manner that all traffic may be warned of the existence and location of such.

  6. Traffic Control.  Whenever there is an excavation or obstruction work by the ROW user, the ROW User shall be responsible for providing adequate traffic control to the surrounding area as determined by the Director. All traffic control devices shall be in compliance with the current version of the standard specifications and the Manual of Traffic Control Devices (MUTCD), unless otherwise agreed to by the city. All surplus excavation materials, tools, or supplies at the site of the excavation or obstruction work shall be barricaded and lighted at night in the manner described in this section. In the event the excavation or obstruction 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 Articles III-V. (Ord. 4469, §1)

 


Sec. 36-71.  Closing streets, etc., temporarily for repair work.

The Public Works Director is authorized to close any ROW, public place, or highway and withdraw the same from public use temporarily and during such period as work on such ROW, public place, or highway shall make such action necessary. No person shall use or attempt to use such ROW, public place, or highway withdrawn from public use, or drive or attempt to drive any vehicle on such ROW, highway, or public place. (Ord. 4469, §1)


Sec. 36-72. Manner of performing work - generally.

In excavating in any ROW, all material for paving or macadamizing must be removed with the least possible injury or loss of the same, and together with the excavated materials from the trenches must be placed where they will cause the least possible inconvenience to the public. The width of the excavation shall be no greater than is necessary for doing the work and whenever it shall be deemed necessary by the Public Works Director, sheeting and bracing shall be used to keep the sides of the trenches perpendicular and prevent unnecessary caving. The ROW must be opened in the manner which will cause the least inconvenience to the public and admit the uninterrupted passage of water along the gutters, and every precaution must be taken to protect the trench so as to insure the public safety. (Ord. 4469, §1)


Sec. 36-73. length of excavation limited - exception.

No excavation shall be made in any ROW or highway more than two blocks in length at any one time except by special permit from the Public Works Director. (Ord. 4469, §1)


Sec. 36-74. Temporary driveways.

In all cases where excavations are made entirely across the ROW or public highway, a substantial driveway shall be maintained by the party making the excavation across such ROW or highway, until such excavation is refilled, and at all times be subject to the approval of the Public Works Director. (Ord. 4469, §1)


Sec. 36-75. Duty to protect public, etc.

No person shall make an excavation in any ROW, highway, or thoroughfare without protecting such excavation so as to prevent persons, animals, or vehicles from falling into such excavation. (Ord. 4469, §1)


Sec. 36.76. Hours of work.

It shall be unlawful for any person to perform excavation work within the city at any time other than from 7:00 A.M. to 9:00 P.M. Monday through Friday without prior approval from the city, except in the case of an emergency.  No work shall be performed during city holidays, except in the case of an emergency.  (Ord. 4469, §1)


Sec. 36.77. Guarantee of work.

Every ROW user in restoring the rights-of-way, shall guarantee its work and shall maintain it for forty-eight (48) months following its completion and in accordance with § 67.1834 RSMo. During the forty-eight (48) months, the ROW user shall, upon notification from the Director of Public Works, correct all restoration work to the extent necessary, using any method as required by the Director of Public Works. Said work shall be completed within a reasonable time, not to exceed thirty (30) calendar days, of the receipt of notice from the Director (not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonable or unreasonable). In the event the ROW user is required to perform new restoration pursuant to the foregoing guarantee, the Director of Public Works shall have the authority to extend the guarantee period for such new restoration for up to an additional forty-eight (48) months, or other greater period allowed by law, from the date of the new restoration requirements. The guarantee period shall be applicable to failure of the pavement surface as well as failure below the pavement surface. (Ord. 4469, §1)


Sec. 36.78. Jurisdiction, inspection, stop work orders, appeals, and penalties.

  1. Inspections.  All work and facilities shall be subject to inspection by the city and the supervision of all federal, state, and local authorities having jurisdiction in such matters to ensure compliance with all applicable laws, ordinances, departmental rules, and regulations, and the ROW Permit.

  2. Stop Work Orders. The Director of Public Works shall have full access to all portions of the work and may issue stop work orders and corrective orders to prevent unauthorized work or substandard work as established herein. Except in cases of an emergency or with approval of the Director of Public Works, no work may be done in violation of a stop work order issued by the Director of Public Works.

  3. Repairs when Defective.  All violations of the standards and requirements herein shall be corrected within the time specified in the issuance of a written notice to correct.  Action to correct violations which require immediate action shall be taken upon notification to the person by the city.  Every person failing to comply with the oral or written notice shall be deemed in violation of this chapter.  If the action is not taken within the time period specified by notice and in addition to any other remedy, the Director of Public Works may have the violation, including but not limited to, the existence of mud or debris on the rights-of-way, immediately remedied and the city's costs shall be reimbursed by the ROW user through the surety or otherwise.  Nothing in this subsection shall prevent prosecution of violation of this chapter in the absence or in addition to the issuance of notice of violation. 

  4. Appeals.  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 Articles III-VI shall, prior to seeking any judicial or statutory relief, if any, file a written appeal of any such decision, fee, or requirement with the city council 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 city council or its designee to render a final decision. Nothing herein shall deny or preclude any additional applicable appeal remedy that may be granted and required by federal or state law after such decision.

  5. Enforcement; Attorneys' Fees. The city shall be entitled to enforce any provision of this code through all remedies lawfully available, and any person determined to have violated the terms of Articles III-VI shall further be liable to pay the city's costs and attorneys' fees in enforcing such provisions.  Additionally, any user of city services, rights-of-way, or other city facilities or property, shall, as a condition of such use or continued use, to the full extent permissible by law, be liable to pay the city's costs and attorneys' fees incurred in enforcing any lawful requirement applicable to such use, whether arising in contract, statute, ordinance, or other enforceable duty as to such use.

  6. Penalties.  In addition to any other penalties and remedies for violations that may exist in law or equity, any person that violates any provision of Articles III-VI shall be subject to such penalties as set forth in Section 1-7 of the city code per day for each and every day the violation exists or continues. (Ord. 4469, §1)


Sec. 36.79. Reservation of Rights.

In addition to any rights specifically reserved to the city by this chapter, the city reserves unto itself every right and power which is required to be reserved by a provision of any ordinance under any registration, ROW Permit, or other authorization granted under this chapter, and as may be authorized by Chapter 67 RSMo. and other authority applicable to regulation of the use of the rights-of-way.  Notwithstanding anything to the contrary set forth herein, the provisions of this chapter shall not infringe upon the rights of any person pursuant to any applicable state or federal statutes, including, but not limited to any right that may exist to occupy the rights-of-way. (Ord. 4469, §1)


Secs. 36-80 to 36-90. Reserved.

 



Secs. 36-86 to 36-90. Reserved.



ARTICLE VI - TREES

Sec. 36-91. Purpose.

It is the purpose of this article to promote and protect the public health, safety and general welfare by providing for the regulation of planting, maintenance and removal of trees and other woody vegetation located on all property owned or maintained by the city. (Ord. 4004, §1; Ord. 4469, §1)



Sec. 36-92. Duties and responsibilities.

  1. Responsibility.  Responsibility for management of trees on property owned or maintained by the city shall be vested with the Public Works Department, Rolla Municipal Utilities, and the parks and recreation department as set forth in this Article and other sections of this Code.

  2. Trimming Trees.  Upon ten (10) days' written notice and with the supervision of the Public Works Director or as otherwise provided by law or agreement, the city may permit a ROW user to trim trees that overhang the rights-of-way of the city so as to prevent the branches of such trees from coming in contact with facilities in the ROW, at its own expense, subject to the supervision and direction of the Public Works Director. Nothing in this section shall authorize the trimming of trees on private property without permission of the property owner. All cut materials shall be properly disposed. Unless otherwise approved in writing by the Public Works Director, a ROW user shall not remove, cut, or damage any trees or their roots in the rights-of-way. In reviewing any ROW Permit application, the City may require the applicant to directionally bore around or otherwise avoid disturbance to any tree or landscaping in the rights-of-way. (Ord. 4469, §1)



Sec. 36-93. Interference with city employees.

It shall be unlawful for any person to prevent, delay or interfere with any employee or agent of the city while such employee or agent is engaged in the planting, cultivating, pruning, spraying or removal of any tree or other woody vegetation as authorized in this article. (Ord. 4469, §1)


Sec. 36-94 to 36-99. Reserved

 

ARTICLE VII
BICYCLE PEDESTRIAN ADVISORY COMMITTEE

Sec. 36-100.  Duties.

There is hereby established the Bicycle Pedestrian Advisory Committee of the City of Rolla (also known as the BPAC).

The duties of the BPAC shall include, but are not limited to, the following:

  1. Promote the development and maintenance of the City's bikeway and pedestrian facilities by maintaining existing street pavements, removing sidewalk trip hazards, connecting missing links in the sidewalk network, achieving ADA compliance, developing a Street Bicycle Route Network, and expanding the Multi-Use Path Network,

  2. Promote, through education, bicycling and walking as an alternative means of transportation; and

  3. Ensure sensitivity to bicycle, pedestrian, and disabled transportation issues in the design and implementation of public works projects which impact bicycles and pedestrians.

(Ord. 4400, §1)

Sec. 36-101.   Members.

Bikepath Pedestrian Advisory Committee Members.

  1. The BPAC shall consist of eight (8) voting members representing various departments and organizations (i.e. city, law enforcement, schools, community, etc.).

  2. The Public Works Director will act as an ex officio, non-voting member of the BPAC. Other members shall be approved by consent of the City Council. The Public Works Director shall transmit no less than annually to the Mayor and City Council all pertinent information regarding committee meetings.

  3. All eight (8) voting members of the BPAC shall cast votes. In case of a tie, the Chairperson shall cast the deciding vote. A quorum is defined as a majority of the voting membership.

  4. An annual meeting of the BPAC shall be held in the month of January, and the officers of the committee shall be elected at that meeting.

  5. Members shall be appointed for three (3) year terms except upon initial formation two members shall serve for 1 year, three members shall serve for 2 years, and three members shall serve 3 years.

  6. The failure to support BPAC through active participation at its meetings may be cause for removal. (Active participation is defined as attending all scheduled meetings with an allowance of three (3) meetings missed per year). The Chairman shall contact those missing three (3) scheduled meetings. At the next meeting, the Chairman shall report to the BPAC and may recommend removal from the committee of such a member.

  7. When a vacancy occurs, the Chairperson shall notify the committee that a vacancy does exist. In case of a vacancy due to death, resignation or disqualification, the unexpired term shall be filled by an appointment by the Mayor with approval of the City Council.

(Ord. 4401, §1)

Sec. 36-102.   Officers.

The Bicycle Pedestrian Advisory Committee shall elect its own officers in accordance with the following guidelines:

  1. Officers elected shall include:

    1. Chairperson: Duties are to preside at all meetings of the BPAC.  He or she shall be a member ex-officio of all Standing and Special Committees except in the event of a tie, in which case the Chairperson will have the deciding vote.  In case a vacancy occurs in the office of the Chairperson, the Vice‑Chairperson shall become Chairperson and a new Vice Chairperson shall be elected.

    2. Vice-Chairperson: The Vice‑Chairperson shall fulfill the duties of the Chairperson when the latter, for any reason, is unable to act in his/her capacity as Chairperson.

    3. Ex Officio Director: The Public Works Director for the City of Rolla shall be the ex officio Director and shall be a non-voting member.

    4. Committee Coordinator: The Committee Coordinator shall be a staff member of the City of Rolla Engineering Department and shall provide information, plans, documentation, and support services as needed by the committee.  The Committee Coordinator shall record attendance, service hours, and voting and election results.  City personnel shall assist the Committee Coordinator in this task as requested.

  2. The BPAC may form subcommittees for designated periods of time to work on specific projects.  Such subcommittees shall report their findings and recommendations to the BPAC, which shall make any final recommendations.  Each said subcommittee shall be dissolved when work on the assigned project is determined to be completed by the BPAC.

(Ord. 4400, §1)

Sec. 36-103.   Meetings.

The regular meeting place shall be at City Hall.  A notice and tentative agenda of all meetings must be posted on the Public Notice Bulletin Board at City Hall.  All meetings are open to the public.

The committee shall meet six (6) times per year at a designated time and date, or special meetings on the call of the Chairperson. 

A notice and tentative agenda of all meetings will be provided to each BPAC member. Members are expected to attend meetings. If a member will be absent, they should contact an officer, the Ex Officio Director or the committee coordinator no less than 24 hours before the meeting to avoid an unexcused absence.
(Ord. 4400, §1)

Sec. 36-104.   Ordinances pertaining to the Bicycle and Pedestrian activities.

No ordinance pertaining to the Bicycle or Pedestrian facilities shall be considered by the City Council without first referring same to the Bicycle Pedestrian Advisory Committee and receiving its recommendation with reference thereto; provided, however, that if no recommendation is received from the BPAC within a period of thirty (30) days after the matter is referred to the committee, then the City Council may take action without such recommendation.
(Ord. 4400, §1)

Sec. 36-105. Limitations.

The BPAC shall be a recommending body only and shall make its recommendations to the Mayor who in turn will report recommendations to the City Council for the operation and maintenance of the park and outdoor recreation system consisting of bikeways, pedestrian/bicycle bridges, bike parking facilities, intersection and traffic signals and walkways, or multi-use trails owned or used by the City for its final determination as to what action should be taken.  The City Council may from time to time delegate certain authority and responsibilities to the BPAC as deemed necessary and appropriate.
(Ord. 4400, §1)

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Rolla, MO 65401
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