%" bgcolor=white>
ARTICLE III. RIGHTS-OF-WAY USAGE CODE Section 20-50. Title.
CLAYTON.ROWREG.16-February 6, 2001;8:52 AM
1
ARTICLE III. RIGHTS-OF-WAY USAGE CODE
Section 20-50.
Title.
This Article shall be known and may be cited as the "Rights-of-Way Usage Code."
Section 20-51.
Definitions and Word Usage.
(a)
Definitions and Usage - General.
For the purposes of this Code, the following terms, phrases, words, and abbreviations shall
have the meanings given herein, unless otherwise expressly stated. When not inconsistent with the
context, words used in the present tense include the future tense and vice versa, words in the plural
number include the singular number, and vice versa, and the masculine gender includes the feminine
gender and vice versa. The words "shall" and "will" are mandatory, and "may" is permissive. For
convenience, the first letter of terms, phrases, words, and abbreviations defined in this Code or by
federal law have been capitalized, but an inadvertent failure to capitalize such letter shall not affect
meaning.
(b)
Applicant.
Applicant means the Person applying for and receiving a ROW Permit for ROW Work.
(c)
Application.
Application means that form which an Applicant must use to obtain a ROW Permit to
conduct ROW Work.
(d)
Board of Aldermen
"Board of Aldermen" or "Board" shall mean the governing body of the City.
(e)
City.
"City" shall mean the City of Clayton, Missouri, and its agencies, departments, agents, and
employees acting within their respective areas of authority.
(f)
Degradation.
Degradation means the accelerated depreciation of a portion of the Rights-of-Way caused
by excavation in or disturbance of any paved portion of the Rights-of-Way, resulting in the need to
repair or maintain such portion of the Rights-of-Way earlier than would be required if the excavation
or disturbance had not occurred (excluding concrete slabs or curbs, which shall be replaced rather
than restored). CLAYTON.ROWREG.16-February 6, 2001;8:52 AM
2
(g)
Degradation Fee.
Degradation Fee means the fee charged by the City to recover the costs associated with a
decrease in the useful life of any paved Rights-of-Way caused by excavation or other disturbance.
The Degradation Fee shall not apply to concrete slabs or curbs, which shall be replaced rather than
restored.
(h)
Director.
Director means the Citys Public Works Director or such other person designated to
administer and enforce this Code.
(i)
Facilities.
Facilities means a network or system used for providing or delivering a Service and
consisting of one or more lines, pipes, irrigation systems, wires, cables, fibers, conduit facilities,
poles, vaults, pedestals, boxes, appliances, antennas, transmitters, gates, meters, appurtenances, or
other equipment.
(j)
Governmental Entity.
Governmental Entity means any county, township, city, town, village, school district,
library district, road district, drainage or levee district, sewer district, water district, fire district or
other municipal corporation, quasi-municipal corporation or political subdivision of the State of
Missouri or any other state, any agency or instrumentality of the State of Missouri or any other state
or the United States, and any cooperative district allowed by law.
(k)
Linear Foot Fee
Linear Foot Fee shall mean a compensation fee approved by the Board of Aldermen and
established in the Citys pertinent schedule of fees from time to time for the rent of a portion of the
Rights-of-Way by a Person Having Facilities Within the Rights-of-Way. The Linear Foot Fee shall
be calculated on the length, in linear feet, of the Rights-of-Way in or on which Facilities are located.
(l)
Person.
"Person" shall mean an individual, partnership, limited liability corporation or partnership,
association, joint stock company, trust, organization, corporation, or other entity, or any lawful
successor thereto or transferee thereof, but such term does not include the City. CLAYTON.ROWREG.16-February 6, 2001;8:52 AM
3
(m)
Person(s) Having Facilities Within the Rights-of-Way
Person(s) Having Facilities Within the Rights-of-Way means any Person having a possessory
interest in, with the right of physical access (as permitted by this Code) to, Facilities located Within
the Rights-of-Way. The term does not include the City, the Metropolitan St. Louis Sewer District
or any Governmental Entity unless the entity is providing a Service in a proprietary capacity.
(n)
Rights-of-Way or ROW.
"Rights-of-Way" or ROW shall mean the surface, the air space above the surface, and the
area below the surface of any public street, highway, lane, path, alley, sidewalk, boulevard, drive,
bridge, tunnel, parkway, waterway, public easement, or sidewalk in which the City now or hereafter
holds any property interest, which, consistent with the purposes for which it was dedicated, may be
used for the purpose of installing and maintaining Facilities. "Rights-of-Way" shall not include the
Citys proprietary property, such as city-owned or operated buildings, parks, street lights or other
similar property. No reference herein to "Rights-of-Way" shall be deemed to be a representation or
guarantee by the City that its interest or other right to control the use of such property is sufficient
to permit its use for Service purposes.
(o)
Rights-of-Way (or ROW) Permit.
Rights-of-Way (or ROW) Permit means a permit granted by the City to a ROW User for
ROW Work.
(p)
Rights-of-Way (or ROW) User.
Rights-of-Way (or ROW) User means a Person performing ROW Work Within the
Rights-of-Way. A ROW User shall not include ordinary vehicular or pedestrian traffic or any
Governmental Entity that has entered into an inter-local agreement with the City regarding the use
and occupancy of the Rights-of-Way.
(q)
Rights-of-Way (or ROW) Work.
Rights-of-Way (or ROW) Work means action by a ROW User to (i) install, change,
replace, relocate, remove, maintain or repair Facilities Within the Rights-of-Way, or (ii) to conduct
work of any kind Within or adjacent to the Rights-of-Way that results in an excavation, obstruction,
disruption, damage or physical invasion or impact of any kind to the Rights-of-Way or the use
thereof. The routine inspection of Facilities shall not be considered ROW Work unless the
inspection requires the conduct of any of the activities or actions noted herein.
(r)
Service.
Service means providing or delivering an economic good or an article of commerce,
including, but not limited to gas, telephone, cable television, Internet, open video systems, alarm CLAYTON.ROWREG.16-February 6, 2001;8:52 AM
4
systems, steam, electricity, water, telegraph, data transmission, petroleum pipelines, sanitary
sewerage or any similar or related service, to one or more Persons located within or outside of the
City using Facilities Within the Rights-of-Way.
(s)
Within
Within" Rights-of-Way means in, along, under, over, or across Rights-of-Way.
Section 20-52.
Registration of Person(s) Having Facilities Within the ROW.
(a)
Registration Required.
(1)
Any Person desiring to become a Person Having Facilities Within the ROW
and any Person Having Facilities Within the ROW must register with the City.
(2)
Any Person having or applying for a Cable Franchise from the City under the
Cable Communications Regulatory Code must register hereunder. Such a Person maintains all
rights, privileges and obligations established by its Cable Franchise and shall also remain subject to
the Cable Communications Regulatory Code. To the extent that any term of such Persons Cable
Franchise conflicts with the Rights-of-Way Usage Code, the terms of the Cable Franchise shall
prevail. To the extent that the Cable Communications Regulatory Code conflicts with the Rights-of-
Way Usage Code, the more stringent shall prevail.
(3)
Any Person that provides or intends to provide video programming by means
of an open video system pursuant to certification approved by the Federal Communications
Commission must register hereunder but shall also remain subject to the applicable provisions of the
Cable Communications Regulatory Code. To the extent that the Cable Communications Regulatory
Code conflicts with the Rights-of-Way Usage Code, the more stringent shall prevail.
(4)
As of the effective date of this Code, any Person Having Facilities Within the
ROW pursuant to a duly-issued, lawful and applicable license or franchise shall register hereunder.
Such Person maintains all rights, privileges and obligations established by its license or franchise.
To the extent that any