23.64.010 Citation.
23.64.020 Definitions.
23.64.030 Purpose.
23.64.040 License requirement.
23.64.050 Application for license.
23.64.060 Service of notice.
23.64.070 No liability or warranty.
23.64.080 License conditions.
23.64.090 License charge.
23.64.100 License fees--Payment--Audit.
23.64.110 Agency powers and duties.
23.64.120 Bonds.
23.64.130 Indemnity--Insurance.
23.64.140 Minimum technical specifications.
23.64.150 Streets and pole attachment use.
23.64.160 Police power.
23.64.170 Transfers, assignments and subleases.
23.64.180 Retroactivity of provisions.

23.64.010 Citation.

This chapter shall be known as and may be cited as the "St. Louis City Communications Transmission Systems ordinance" and shall be codified.
(Ord. 62233 § 1, 1991.)

23.64.020 Definitions.

As used herein the following terms have the following meanings unless the context clearly indicates otherwise:

A. "Agency" means the Communications Division, under the Office of the President, Board of Public Service, or its successor agency.

B. "Applicant" means the person who applies pursuant to Section 23.64.040, for a license for the erection, construction, reconstruction, operation, maintenance or use of a communications transmission system by such person in the City of St. Louis.

C. "Cable system" means a cable television system as presently defined in 47 U.S.C. Section 522 (6) or as may be defined by subsequent federal legislation.

D. "City" means the City of St. Louis, Missouri, a municipal corporation.

E. "Communications transmission system" means a facility consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed and used for the transmission of video, voice or data signals, which facility occupies public streets, alleys or rights of ways or other public places within the City, except for the following: cable television systems franchised by the City; telephone systems subject to regulations by the Public Service Commission of the State of Missouri and franchised by the City; telegraph systems franchised by the City; or other communications facilities are franchised by the City.

F. "FCC" means the Federal Communications Commission or any successor agency thereto.

G. "License" means the privilege granted by the City which authorizes a person to erect, construct, operate, use and maintain a communications transmission system that occupies the streets, public ways or public places within the City. Any license issued in accordance herewith shall be a nonexclusive license.

H. "Licensee" means a person who is issued a license or licenses in accordance with the provisions of this chapter for the erection, construction, reconstruction, operation, maintenance, and use of a communications transmission system in the City.

I. "License agreement" means a contract entered into in accordance with the provisions of this chapter between the City and a licensee that sets forth the terms and conditions under which the license will be exercised.

J. "Person" means any individual, corporation, partnership, association, joint venture or organization of any kind and the lawful trustee, successor, assignee, transferee or personal representative thereof.

K. "Permit" means the permission granted by the Board of Public Service or other City agency or department for excavation of streets, public right of ways, use of poles, bridges, etc. upon posting of construction bonds or insurance policies, which would be required under City Code or Ordinance for any construction within the City.

L. "Public street" is the surface and space above and below any public street, avenue, highway, boulevard, concourse, driveway, bridge, tunnel, park, parkway, waterway, dock, bulkhead, wharf, pier, alley, right-of-way, public utility easement, and any other public ground or water within or belonging to the City.

M. "Transfer of a license" means any sale, lease, sublease, rental, hypothecation, conveyance, assignment or similar transaction whereby a financial or ownership interest in a license issued pursuant to the provisions of this chapter, or in a communications system for which a license has been issued pursuant to the provisions of this chapter, is transferred by the licensee to another person. The transfer or sale of stock in a corporation which possesses a license issued under the provisions of this chapter, which stock is listed on a stock exchange or which is available for purchase by the public through recognized stock brokers, shall not constitute a transfer of a license pursuant to this section. The transfer or sale of stock in a privately held corporation shall not constitute a transfer of a license pursuant to this section unless more than fifty percent (50%) of the total capital stock of such corporation is sold or transferred within a one year period.
(Ord. 62233 § 2, 1991.)

23.64.030 Purpose.

A. The purpose of this chapter is:

1. To regulate the erection, construction, reconstruction, installation, operation, maintenance, and use of a communications transmission system, in, upon, along, across, above, over, under or in any manner connected with the public streets, alleys, right-of-ways or other public places within the corporate limits of the City, as now or in the future may exist; and

2. To provide the City with compensation for occupation and use of the City's right-of-ways by a communications transmission system; and

3. To provide the City compensation for the cost of regulation imposed by this chapter on communications transmission systems;

4. To provide the City with underground conduit for municipal use.

B. The Board of Aldermen finds and declares that the most effective method to achieve the purposes of this chapter, consistent with applicable law and the Charter, with minimal administrative processes, is by a standard license agreement executed by the Board of Public Service, and administered by the Agency, on behalf of the City.
(Ord. 62233 § 3, 1991.)

23.64.040 License requirement.

No person shall construct, operate, use, replace, reconstruct or maintain a communications transmission system which occupies the streets, public ways and/or public places within the City unless such person has first entered into a license agreement with the Board of Public Service, as provided herein. Nor shall any person continue to operate a communications transmission system, which occupies the streets, public ways, and/or public places within the City, and which is in operation on the effective date of this ordinance, unless such person has made an application to the Board of Public Service for a license, in a form substantially complying with this chapter, as provided herein, within ninety (90) days of the effective date of this ordinance. Nor shall any person to whom a license has been issued hereunder make substantial modifications to an existing communications transmission system, including, but not limited to, adding new conduit or transmission lines to an existing system, without first entering into a new or amended license agreement with the Board of Public Service.
(Ord. 62233 § 4, 1991.)

Editor's Note:

Ord. 62233 was approved March 8, 1991.

23.64.050 Application for license.

A. The application for a license shall be on a form supplied by the Agency and include as a minimum the following information:

1. The name, address and telephone number of the applicant;

2. The legal status of the applicant;

3. The name, address and telephone number of a responsible person whom the City may notify or contact at any time concerning the communications transmission system;

4. An engineering site plan showing the proposed location of the communications transmission system, including any manholes or overhead poles, the size, type and proposed depth of any conduit or other enclosures, and the relationship of the system to all existing streets, sidewalks, poles, utilities, and other improvements within the public streets;

5. Minimum technical standards which the licensee proposes to follow in construction of the licensed system;

6. Diameter and projected length of the communication aerial or conduit;

7. Any additional information which the Agency may require, subject to the approval of the Board of Public Service.

B. If the information in an application is incomplete or if the proposed use is inconsistent with the requirements of this chapter, the application may be returned as unacceptable for filing.

C. If the information provided in an application is complete, and it appears that the applicant has satisfied the requirements of this chapter, the Agency shall supply a draft of the proposed license agreement to the Board and shall recommend to the Board of Public Service that the Board should approve execution of a license agreement with the applicant. If the Board of Public Service finds that the requirements of this chapter and the regulations promulgated hereunder have been complied with by the applicant, the Board of Public Service shall then approve execution of a license agreement with the applicant by the Agency. If the Board of Public Service finds that execution of the draft of the proposed license agreement provided to it by the Agency would not comply with the chapter and regulations promulgated thereunder, it shall have the authority to direct the Agency to amend the license agreement, so as to comply with the chapter and applicable regulations, prior to execution thereof. Upon approval of the license agreement by the Board of Public Service, the Agency is empowered to execute a license agreement, in substantially the form approved by the Board, with the applicant on behalf of the City. The license agreement will become effective upon its execution by the City and the applicant, payment by the applicant of the initial license fee, and satisfaction of the bond and insurance requirements contained in the license agreement.

D. In the event that during the course of the term of a license agreement the licensee desires to expand the communications transmission system facilities, operated by it within the corporate limits of the City, to include additional facilities or additional locations, application shall be made for an amendment of the license agreement. The procedure followed for such an amendment shall be the same as that for the initial license.
(Ord. 62233 § 5, 1991.)

23.64.060 Service of notice.

All notices required to be given to the City under any provision of this chapter shall be deemed served when delivered by hand, or sent by certified United States mail, return receipt requested, in writing to the Cable Communications Manager of the Agency, or to any person in charge of the Agency during normal business hours.
(Ord. 62233 § 6, 1991.)

23.64.070 No liability or warranty.

This chapter shall not be construed to create or hold the City responsible or liable for any damage to persons or property by reason of any inspection or reinspection authorized herein or failure to inspect or reinspect, nor shall the issuance of any license nor the approval or disapproval of any installation authorized herein constitute any representation, guarantee or warranty of any kind by, nor create any liability upon, the City or any official, agent or employee thereof.
(Ord. 62233 § 7, 1991.)

23.64.080 License conditions.

A. A license granted by the City pursuant to this chapter shall not become effective until a license agreement between the City and the licensee has been executed by both parties. The term of such a license agreement shall not exceed fifteen (15) years. It shall be renewable by the licensee upon its application and grant by the City, subject to the execution of a new license agreement.

B. Any license agreement issued shall incorporate by reference the requirements of this chapter, and the licensee shall agree therein to comply with the requirements of this chapter.

C. Pursuant to the provisions of this subsection, the City may revoke a license and cancel the underlying license agreement if the licensee violates the terms of that agreement or this chapter:

1. Whenever he has cause to believe that a licensee is in violation of the terms of its license agreement or this chapter, the Cable Communications Manager shall issue a notice of violation to the licensee. Said notice shall be served upon the licensee either by hand-delivering said notice to the licensee or by sending the notice, via regular United States mail, postage prepaid, to the address provided in the license agreement for service of notices on the licensee.

2. The licensee shall have thirty (30) days from the date of said notice to rectify or cure the violation. If the violation has not been rectified or cured after thirty (30) days from the date of the notice, then the Cable Communications Manager shall revoke the license and cancel the license agreement. However, if the Cable Communications Manager determines that the licensee is proceeding with due diligence to rectify or cure a violation he shall not be required to revoke the license and cancel the license agreement, even though thirty (30) days have passed since the date of the notice of violation, except that this sentence shall not apply where the violation for which the licensee is cited involves or is related to failure to pay license fees owed to the City under the license agreement or failure to pay taxes owed to the City.

3. A licensee may appeal a notice of violation to the Board of Public Service by filing a letter appealing from said notice with the Board within ten (10) days of the date on which said notice was issued. Said letter shall not be required to be in any particular form, but shall specify the grounds on which the licensee disputes the notice of violation. Filing of a letter of appeal within the above time limit shall stay all proceedings upon the notice of violation until the Board of Public Service has ruled on the appeal. The Board of Public Service shall then schedule a hearing for purposes of determining whether the licensee is in violation of either the license agreement between it and the City or this chapter. The Board shall provide a minimum ten (10) days notice of the date and time of the hearing to both the licensee and the Cable Communications Manager. At the hearing, the licensee may be represented by counsel and shall be given the opportunity to present evidence and witnesses and to cross-examine witnesses presented by the Cable Communications Manager. The burden of proof at such a hearing shall be upon the Cable Communications Manager.

4. Where the Cable Communications Manager has revoked a license and canceled the underlying license agreement based upon his determination that a license has failed to rectify or cure a violation within thirty (30) days of the date on which the violation notice was issued, the licensee may appeal the determination of the Cable Communications Manager that the licensee has failed to rectify or cure the cited violation to the Board of Public Service by filing a letter of appeal with the Board within ten (10) days of the date on which the Cable Communications Manager revoked the license of the licensee. Said letter shall not be required to be in a particular form, but shall specify the grounds on which the licensee disputes the determination of the Cable Communications Manager that the licensee has failed to rectify or cure the violation in question. Filing of a letter of appeal shall stay revocation of the license, unless the Board of Public Service determines, upon application of the Cable Communications Manager, that the alleged violation presents a threat to public safety or damage to public or private property. The Board of Public Service shall then schedule a hearing for purposes of determining whether the licensee has rectified or cured the violation(s) in question. The Board shall provide a minimum of ten (10) days notice of the date and time of the hearing to both the licensee and the Cable Communications Manager. At the hearing, the licensee may be represented by counsel and shall be given the opportunity to present evidence and witnesses and to cross-examine witnesses presented by the Cable Communications Manager. The burden of proof at such hearing shall be upon the Licensee. It shall not be a defense in a hearing called pursuant to the provisions of this subparagraph that the violation(s) alleged in the notice sent to the licensee pursuant to the provisions of subdivision 1 of this subsection was not a violation of either this chapter or the license agreement between the City and the licensee.

D. Any license shall apply only to the facilities and locations identified in the license agreement.

E. Nothing in this chapter or in any license agreement shall be construed as a representation, promise or guarantee by the City that any permit or other authorization required under any City ordinance or regulation for the construction or installation of a communications transmission system shall be issued.

F. A licensee may terminate the license agreement only if it ceases to use the conduit and transmission lines licensed thereunder and either transfers such conduit and transmission lines to another licensee, in the manner contemplated by Section 23.64.170, or conveys such conduit and transmission lines to the City, without charge therefor.

G. The license agreement shall specify that the Licensee shall provide and install in a common trench with the conduit of the Licensee a municipal service conduit(s) if requested and specified by the Board of Public Service. Such request by the Board must be made either at the time it approves the license agreement or a minimum of thirty (30) days prior to Licensee commencing construction, if such request is not made at the time the license agreement is approved. The Agency shall reduce subsequent license charges due under the license agreement by an amount equal to the additional charge to the Licensee of the conduit, pull boxes, vaults, other materials and additional construction work, other than the cost of the trenching itself, incurred as a result of construction of the municipal service conduit. Prior to commencement of construction of municipal service conduit(s), a licensee shall provide the office of the President of the Board of Public Service with a copy of all contracts related to construction thereof. If the Board of Public Service finds that construction of a municipal service conduit would be too costly, it may cancel its request for construction of a municipal service conduit. In such case, the licensee shall immediately cancel all contracts for such conduit, and the licensee shall only be credited against subsequent license charges for such expenses as it has incurred related to construction of the municipal service conduit, or become obligated to expand thereon, prior to cancellation of the request for construction of such conduit. Upon completion of construction of a municipal service conduit, a licensee shall certify to the Agency the total costs incurred by it in constructing the municipal service conduit. In no event shall a Licensee be entitled to credit against subsequent license charges, pursuant to the provisions of this subsection, in an amount in excess of one-hundred-ten percent (110%) of the costs, as specified in the contracts provided to the office of the President of the Board of Public Service prior to commencement of construction of the municipal service conduit, attributable to construction of the municipal service conduit. The Agency or Comptroller shall be entitled to audit the books of the licensee to determine whether expenses alleged to have arisen as a result of the construction of the municipal service conduit were actually expended thereon.

H. All license agreements entered into pursuant to the provisions of this chapter shall contain the following language:

Licensee shall never make any claim of any kind or character whatsoever against the City of St. Louis for damages that it may suffer by reason of the installation, construction, reconstruction, operation and/or maintenance of any public or private improvement, utility, or communication facility, whether presently in place or which may in the future be constructed or installed, including, but not limited to, any water and/or sanitary sewer mains and/or storm sewer facilities and whether such damage is due to flooding, infiltration, backflow and/or seepage caused from the failure of any installation, natural causes or from any other cause of whatsoever kind or nature, except for damages occasioned by the intentional conduct or gross negligence on the part of the City, it being further expressly understood this limitation of liability does not apply to independent contractors of the City of St. Louis.
(Ord. 62233 § 8, 1991.)

23.64.090 License charge.

In consideration of the rights and privileges granted by this chapter, Licensees shall pay the City an annual sum calculated as follows:

A. For the year beginning July 1, 1991:

1. The amount of one dollar fifty cents ($1.50) per linear foot for underground transmission lines or conduit of four (4) inches in diameter or less;

2. The amount of two dollars ($2.00) per linear foot for underground transmission lines or conduit of over four (4) inches in diameter but less than eight (8) inches in diameter;

3. The amount of three dollars ($3.00) per linear foot for underground transmission lines or conduit of eight (8) inches or more in diameter;

4. The amount of one dollar fifty cents ($1.50) per linear foot for each one inch in diameter or fraction thereof of aerial wire; Licensees shall pay a minimum charge of fifty dollars ($50.00) per annum.

B. Commencing July 1, 1991 and annually thereafter, the license charge shall be calculated by multiplying the previous year's license fee by the percentage change from the previous year in the National Consumer Price Index (Index), published by the United States Department of Labor. In the event such Index ceases to be published, the City's Board of Estimate and Apportionment may select another measure of general price changes. By June 1, 1991, and each June 1 thereafter, the Agency shall notify each licensee of the revised license charges to be effective on the following July 1. Every license agreement shall reflect the schedule of charges specified herein and the annual adjustments thereto.

C. The above specified charges shall apply to all conduit and transmission lines, whether owned or leased by the licensee.

D. Whenever a license agreement is executed on a date other than July 1, the initial annual fee shall be prorated for the remainder of the year ending June 30 and shall be payable upon approval of the license agreement by the City.

E. The charges specified herein shall be in addition to and exclusive of all general municipal taxes of whatever nature, including, but not limited to, ad valorem taxes, earnings taxes, and employment taxes.
(Ord. 62233 § 9, 1991.)

23.64.100 License fees--Payment--Audit.

A. The annual compensation for a license as provided for in Section 23.64.090 shall be payable annually on July 1 of each calendar year.

1. Each annual payment shall be by check payable to the City filed with the City's Comptroller.

2. Each payment shall be accompanied by a report from the Licensee in a form approved by the City, showing the basis for the computation.

B. The acceptance of any Licensee payment by the City shall not be construed as an acknowledgement that the amount paid is the correct amount due, nor shall such acceptance of payment be construed as a release of any claim which the City may have for additional sums due and payable.

1. All fee payments and accompanying reports shall be subject to audit by the Comptroller and assessment or refund if the payment is found to be in error.

2. In the event that such audit results in an assessment by and an additional payment to the City, such additional payment shall be subject to interest at the rate of one and one-half percent (1 1/2%) per month and penalties in the amount of one percent (1%) per month or any fraction of a month elapsed after the due date where the additional payment exceeds five percent (5%) of the amount paid by the Licensee.

C. Failure of a Licensee to pay the license charges within thirty (30) days of their due date shall subject the Licensee to a ten percent (10%) penalty and interest charges of one and one-half percent (1½%) per month, or portion thereof, for each month payment is delinquent. Failure of a licensee to make the annual payment within ninety (90) days of its due date may subject the licensee to the revocation of its license and cancellation of its license agreement following thirty (30) days notice from the City. In such event, the licensee shall be considered to have abandoned the conduit and transmission lines permitted under the license agreement, and said conduit and line shall become the property of the City.

D. Nothing in this ordinance shall be construed to limit the liability of the Licensee for all applicable Federal, State and local taxes.
(Ord. 62233 § 10, 1991.)

23.64.110 Agency powers and duties.

The Agency shall have the following powers and duties.

A. Receive, review and recommend action on applications for licenses for any communications system and generally administer this chapter.

B. Receive and review all Board of Public Service permits for any communications transmission system.

C. Review and audit all reports and filings submitted by an Applicant or Licensee to the City pursuant to this chapter.

D. Submit recommended regulations regarding the construction, reconstruction, operation, maintenance, dismantling, testing of any communications transmission systems licensed in accordance herewith to the Board of Public Service for consideration and promulgation.

E. Inspect facilities and construction and enforce regulations during construction or operation of a communications transmission system, including but not limited to the power to halt construction found to be out of compliance with this chapter, building codes, permit requirements and regulations promulgated in accordance herewith.
(Ord. 62233 § 11, 1991.)

23.64.120 Bonds.

A. The license agreement shall require the licensee to have in force at all times a performance bond in an amount specified in the license agreement as necessary to ensure the faithful performance by the licensee of its obligations under the license agreement. Such surety instruments must be provided by an entity qualified to do business in the State of Missouri and in a form approved by the City Counselor.

B. None of the provisions of this section nor any bond accepted by the City pursuant hereto, nor any damages recovered by the City thereunder, shall be construed to excuse the faithful performance by or limit the liability of the Licensee under this chapter or any license agreement issued in accordance herewith or for damages either to the full amount of such bond or otherwise.
(Ord. 62233 § 12, 1991.)

23.64.130 Indemnity--Insurance.

A. The City shall not at any time be liable for any injury or damage occurring to any person or property from any cause whatsoever, including damages from the City's negligent omissions, if any, arising from the installation, use, operation or condition of the Licensee's communications transmissions system.

B. The Licensee shall indemnify, save and hold harmless and defend the City from all claims, liens, charges, including but not limited to libel, slander, invasion of privacy and unauthorized use of any trademark, trade name or service mark; demands; suits; actions; fines; penalties; losses; costs, including but not limited to, reasonable legal fees and court costs; judgments; injuries; liabilities or damages, in law or equity, of any and every kind and nature whatsoever, including damages caused by or arising out of any act or negligent omission of the City, its officers, servants, agents, employees or contractors, or otherwise, arising out of or in any way connected with the installation, use, operation, maintenance or condition of the Licensee's communications transmission system.

C. The license agreement shall specify the amount, type and coverage of insurance required and shall require that the City be named as an additional insured on insurance policies procured by a Licensee to comply with the terms of the license agreement. The amount, type and coverage required shall be determined by the Board of Public Service on the Recommendation of the Agency. In setting the amount, the Board and the Agency shall take into consideration the size and location of the communications system, the financial resources of the Licensee, risk involved to the City and to the general public as well as other salient factors. But in no case will coverage be less than fifty thousand dollars ($50,000.00) per person and five hundred thousand dollars ($500,000.00) per incident for personal injury liability and fifty thousand dollars ($50,000.00) for property damage liability. Insurance required pursuant to this section shall be in addition to any bond or insurance required by any other City agency or department for issuance of permits necessary for construction and installation of a communication transmission line.

D. The policy of insurance to be procured by a licensee pursuant to this provision shall provide that the insurance shall not be cancelled or materially altered without thirty (30) days written notice first being given to the agency. If the insurance is cancelled or materially altered the licensee shall provide a new policy with the same terms as required by the license agreement. The license agreement shall specify that the licensee shall maintain continuous uninterrupted coverage, in the amount specified therein, for the duration of the period during which the license agreement is in effect. The licensee shall maintain on file with the agency a certificate of insurance certifying the coverage required above. The adequacy of the insurance shall be subject to approval by the City Counselor. Failure to maintain liability insurance shall be cause for immediate termination of the license agreement.
(Ord. 62233 § 13, 1991.)

23.64.140 Minimum technical specifications.

A. Licensees shall conform to the following minimum specifications:

1. The depth of underground conduit, measured from the top of the conduit to the surface of ground shall be a minimum depth in soil of forty-two (42) inches and at a ditch crossing, a minimum depth of sixty (60) inches.

2. Within any street right-of-way, with the exception of road crossings and driveways, a minimum four (4) inch PVC conduit, with minimum 2 innerducts, 3/4 inch cable shall then be pulled through the conduit in place.

3. Under all road crossings and driveways a minimum four (4) inch black steel pipe will be installed by jacking or boring, maintaining a depth of forty-eight (48) inches below the surface of the road.

4. Trenching shall be promptly backfilled with earth and tamped with a mechanical tamper at six (6) inch lifts, so that the earth is restored to original grade to assure no hazard to vehicular, animal or pedestrian traffic. All open trenches will be properly guarded or barricaded to prevent damage or injury.

5. All cable, where practical, shall be located to cross roadbed at approximately right angles thereto. No cable shall be placed in any culvert or within five (5) feet of the closed point of same.

6. In areas of potential erosion the "plug" method of erosion control shall be used.

7. Licensee shall use the "flagging/identification" system as recommended by the American Public Works Association.

8. All aerial cables and wire shall be installed parallel with existing telephone and electric utility wires.

9. Multiple aerial configurations shall be in parallel arrangement and bundled, in accordance with engineering and safety considerations; and

10. All underground installations shall be in the appropriate size and type of conduit or other enclosures approved by the Agency.

B. However, notwithstanding the requirements of subsection A of this section, the Board of Public Service shall have authority, upon recommendation of the Agency, to allow a licensee to conform to different technical specifications than those contained in said subsection, based upon considerations of location of the installation or upon developments in state-of-the-art methodology, new technologies or construction techniques. Whenever the Board of Public Service approves use of technical specifications which vary from the minimum technical specifications set forth in subsection A of this section, the minimum technical specifications which the licensee must comply with shall be set forth in the license agreement.

C. Licensee shall install and maintain its wires, cables, fixtures, and other equipment in accordance with the current requirements of the National Electrical Safety Code promulgated by the National Bureau of Standards and the National Electrical Code of the National Board of Fire Underwriters and in such a manner that they will not interfere with any installations of the City or of a public utility service the area of the City.

D. No person shall engage in construction, installation, or maintenance of private transmission systems or components thereof unless such person has first procured either a Communications Contractor's or Electrical Contractor's License from the City and unless such person is otherwise properly licensed to do business in the City. It shall be a violation for an owner or operator of a private transmission system to allow construction, installation or maintenance work to be performed on such system by a person other than a licensed Communications or Electrical Contractor. Each day on which such work is performed on a private transmission system by a person other than a licensed Communications or Electrical Contractor shall constitute a separate violation.
(Ord. 62233 § 14, 1991.)

23.64.150 Streets and pole attachment use.

A. Operations along streets, alleys, walkways, and sidewalks shall be kept clear of excavated material or other obstructions at all times. Barricades, warning signs and lights, flagmen when necessary shall be provided by the contractor or Licensee. One half of the traveled portion of the street must be open at all times.

B. Damage to banks, ditches, streets, roads, fences, lawns, shrubbery, drives and any other property caused from the equipment and installation of the communication system shall be immediately repaired to the satisfaction of the public authorities having jurisdiction over the property involved, at the sole cost of the Licensee.

C. The Licensee shall comply with all rules and regulations issued by the Board of Public Service governing the construction and installation of communications transmission systems. In addition:

1. Before commencing construction of its communications system in, above, over, under, across, through or in any way connected with the streets, public ways or public places of the City, the Licensee shall first obtain any permits required for such construction by the applicable ordinances of the City or by regulations issued by any of the City's agencies or departments. Applications for permits related to construction of a communications system shall not be considered for approval by the Board of Public Service until after execution of a license agreement hereunder between the City and the applicant. The licensee agreement shall be a condition of application for any permits required for construction.

2. Upon obtaining such permits, the Licensee shall give the Agency written notice within a reasonable time of proposed construction, but in no event shall such notice be given less than twenty-four (24) hours before commencement of construction. The notice required hereunder shall include a proposed schedule for work in the City's streets or other rights of way, measured in linear feet, occupied by licensee's system, and a map showing same.

3. Any person who submits a request for a permit in accordance herewith shall include therein proposed agreements for the use of existing utility poles and conduits, if applicable, with the owner(s) of such facilities to be used or affected by the construction of the proposed communications system.

4. It shall be a violation for any Licensee or any other person to open or otherwise disturb the surface of any street, sidewalk, driveway, public place for any purpose whatsoever related to a communications transmission system without obtaining all permits required by the applicable ordinance of the City or by regulations promulgated by any of the City's departments or agencies. The City further reserves to itself all other remedies, legal or equitable, which are available to it should a Licensee or other person fail to obtain all necessary permits prior to opening or otherwise disturbing the surface of any street, sidewalk, driveway, or public place for purpose whatsoever related to a communications transmission system.

D. Each Licensee shall, at its own cost and expense, and in a manner approved by the City, replace and restore any such pavements, sidewalks, curbing, or other paved areas in as good a condition as before the work involving such disturbance was done and shall restore and replace any other property disturbed, damaged or in any way injured by or on account of its activities to as good as the condition such property was in immediately prior to the disturbance, damage or injury or reimburse its owner for the damage done.

E. Upon the failure of the licensee to properly repair and restore such property to its former condition within a reasonable time after construction, the City or a private property owner may make the repairs and submit a statement of costs to the licensee for reimbursement. Should a Licensee fail to reimburse the City or a private owner within thirty (30) days of submission of such statement to the Licensee, the City or a private owner may proceed against the bond provided for in Section 23.64.120.

F. The Licensee shall, at its own cost and expense, protect, support, temporarily disconnect, relocate in the same street or other public place, or remove from such street or other public place, any of its property when required to do so by the City because of street or other public excavation, construction, repair, regrading, or grading; traffic conditions; installation of sewers, drains, water pipes, City owned power or signal lines, tracks; vacation or relocation of streets or any other type of structure or improvement of a public agency, or any other type of improvement necessary for the public health, safety or welfare.

G. Nothing in this chapter or any permit issued in accordance herewith, shall be construed as authorizing the Licensee to erect or install new poles or underground conduits in areas serviced by existing poles and conduits. Except that a Licensee may install new conduit where existing conduit in the area is full or otherwise unavailable to the licensee. In such instance, the license agreement shall contain specifications for the manner in which the new conduit is to be installed. The Licensee shall obtain all necessary permits from the relevant departments and agencies of the City before erecting any new poles or underground conduits where none exist or where existing conduit is unavailable or full. Applications for such approval shall be made in the form prescribed by the City.

H. The Licensee shall maintain all wires, conduits, cables and other real and personal property and facilities in good condition, order and repair, and in safe condition so as not to endanger human life or health or public or private property. If it is necessary for a licensee to open or otherwise obstruct a street to make repairs to its system, the licensee shall, in addition to procuring all permits required for such work under other ordinances or regulations of the City, notify the agency thereof.

I. The Licensee shall keep accurate, complete and current maps and records of its system and facilities which occupy the streets, public ways and public places within the City and shall furnish as soon as they are available three (3) complete copies of such maps and records to the Agency. The Licensee shall also furnish one copy of maps and records to the "one-call" system coordinating group in Missouri.

J. All installation shall be underground in those areas of the City where both telephone and electric utilities' facilities are underground at the time of the installation of the Licensee's communications transmissions system. In areas where both telephone and electric utilities' facilities are above ground at the time of the installation of the Licensees' communications system, the Licensee may install its system above ground on existing utility poles only, upon the condition that at such time as those facilities are placed underground by the telephone and electric utility companies, the Licensee shall likewise place its facilities underground at its sole cost and expense.

K. The Licensee upon reasonable notice by the City shall temporarily or permanently remove, adjust, raise or lower its facilities within the right of way when the City determines that such action is needed for public use of the right-of-way, including but not limited to the passage of nonstandard vehicles.

L. The Licensee shall obtain written permission of the owner, including the City, of any trees or other vegetation before it trims or prunes the same.
(Ord. 62233 § 15, 1991.)

23.64.160 Police power.

Nothing in this chapter or in any license agreement issued in accordance herewith shall be construed as an abrogation by the City of any of its police powers.
(Ord. 62233 § 16, 1991.)

23.64.170 Transfers, assignments and subleases.

A. A license issued pursuant hereto shall not be transferred without the prior written authorization of the Board of Public Service. For purposes of this section, a merger or consolidation shall be deemed a transfer or assignment.

B. Nothing in any approval of the Board of Public Service authorizing any transfer of any license issued in accordance herewith shall be construed to waive or release any rights of the City in and to the streets, public ways and public places of the City or as a release of any of the City's police powers.

C. Any transfer of a license approved by the City shall be conditioned upon the transferee's accepting all the terms and conditions of this chapter and execution of an amended license agreement naming the transferee as the Licensee.

D. No Licensee, under this chapter shall have the right or privilege to lease or sublet pole or conduit space or to use them other than for the Licensee's own needs; except that, notwithstanding the contrary provisions of 68 of Ordinance 29723, this limitation shall not apply to the use of such space by another entity which has executed a license agreement with the City for use of such space.
(Ord. 62233 § 17, 1991.)

23.64.180 Retroactivity of provisions.

A. This chapter shall apply to all communications transmission systems installed or under construction within the City on the effective date of this ordinance.

B. Within ninety (90) days of the effective date hereof a person owning or controlling communication transmission system facilities subject to this chapter shall file an application for a license as specified in Section 23.64.050. This period of time may be extended for good cause by the Agency.

C. Failure of such a person to file an application within the time specified shall be a violation and shall also result in the immediate revocation of any existing permits issued by the City allowing such person to occupy any public street, alley, right-of-way and/or public places in relation to use, operation or maintenance of a communications transmission system. Upon revocation of such permits for failure to file an application within the time specified, the City may order the prompt removal of such facilities and seek other redress, both legal and equitable.
(Ord. 62233 § 19, 1991.)