Columbia Policy and definitions ordinance (§ 24-166)

(a) It shall be the policy of the city to authorize use of the rights-of-way by public utility rights-of-way users in a manner that minimizes interference to the public use and minimizes the burden on the rights-of-way physically and aesthetically to the fullest extent permitted by law. Any use of the rights-of-way by any person shall be subject to the terms and conditions hereof, in addition to all applicable federal, state or local requirements, and nothing herein shall be enforced or interpreted to contravene any superseding law, including but not limited to RSMo. § 67.1830, et seq., to the extent applicable to any given circumstance.

The right granted to a public utility rights-of-way user to use the rights-of-way is limited to the use authorized in accordance with this article. These rights shall grant non-exclusive use only to that right-ofway user, except where otherwise provided herein or when expressly authorized by the city.

(b) The following definitions shall apply to this section, except that where the definitions set forth in RSMo. § 67.1830, as may be amended, are required by law to apply to specific uses of the rights-of-way, such definitions shall apply to such circumstances.

City means the City of Columbia, Missouri, a municipal corporation and any duly authorized representative.

Director means the director of public works of the City of Columbia, Missouri, or the director's authorized representative, who shall be the primary city official responsible for administration of this article. The director may delegate any or all of the duties hereunder.

Excavation means 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, including trenchless excavation, except that the following shall not be deemed excavation:

(1) Any de minimis 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.

Excavation permit means the authorization required to make excavations for the construction, installation, repair or maintenance of any type of facility within the rights-of-way.

Facilities maintenance means construction, alteration, maintenance, installation, storage, or location of facilities installed below, on or aboveground in the public rights-of-way, other than excavation, that also:

(1) Causes or threatens to cause any obstruction or interference to any vehicular or pedestrian traffic or traffic lane in the rights-of-way. It shall exclude any minor obstruction or interference due to minimal operations that are less than two (2) hours in duration and during which the ROW User utilizes safety precautions required by the Manual on Uniform Traffic Control Devices (MUTCD);

(2) Involves temporary or permanent storage of materials or equipment on rights-of-way; (3)

Causes or reasonably may cause damage or alteration to any public improvement or vegetation within the rightsof-way;

(4) Involves removal, replacement or alteration to any safety feature or requirement within the rights-ofway, including but not limited to removal of manhole covers, altering lighting, traffic signage or signals, placement or removal of traffic barricades, etc.; or

(5) Facilities maintenance shall not include routine or other maintenance on poles, boxes, or other facilities that does not result in or qualify under one or more of the conditions described in subparagraphs (1) through (5) herein.

Facilities maintenance permit means the authorization required to perform facilities maintenance within the rights-of-way other than excavations.

Facility means all or any lines, pipes, wires, cables, conduit facilities, poles, towers, vaults, pedestals, boxes, or other equipment owned or controlled by an entity other than the city.

PSC means the Missouri Public Service Commission.

Pavement means the improved surface of the public way with concrete, asphalt, aggregate or other treated materials.

Person means an individual, person or body natural or corporate.

Public easement means any easement for utilities, access, or other use dedicated to the city or in the name of the city irrespective of whether the easement is held in trust by the city for private and public users, and regardless of whether private utilities or others in addition to or other than the city are actually using the easements.

Public improvement means any public project undertaken by the city for the public good.

Public utility means every cable television or video service provider, every pipeline corporation, gas corporation, electrical corporation, rural electric cooperative, telecommunications company, water corporation, heating or refrigerating corporation or sewer corporation under the jurisdiction of the public service commission; every cooperatively owned or operated utility pursuant to Chapter 394, RSMo.; every street light maintenance district; every privately owned utility; and every other entity, regardless of its form of organization or governance, whether for profit or not, which in providing a public utility type of service for members of the general public, utilizes pipes, cables, conduits, wires, optical cables, or other means of transmission, collection or exchange of communications, information, substances, data, or electronic or electrical current or impulses, in the collection, exchange or dissemination of its product or services through the public rights-of-way.

Reseller service provider means a person providing service within the city that does not have its own facilities in the rights-of-way, but instead uses the rights-of-way by interconnecting with or using the network elements of another right-of-way user utilizing the rights-of-way, and/or by leasing excess capacity from a right-of-way user.

Restoration means returning the right-of-way surface to its original condition, or better.

Rights-of-way or ROW means the area on, below or above a public roadway, highway, street or alleyway in which the city has an ownership interest, and including such adjacent areas of such public ways within such ownership interest as made available by the city for rights-of-way use herein, but not including:

(1) Easements obtained by utilities or private easements in platted subdivisions or tracts;

(2) Railroad rights-of-way and ground utilized or acquired for railroad facilities; or

(3) Valves, meters, hydrants, poles, pipes, cables, conduits, wires, optical cables, or other means of transmission, collection or exchange of communications, information, substances, data, or electronic or electrical current or impulses utilized by a utility owned or operated by a governmental entity pursuant to Chapter 91, RSMo., or pursuant to a charter form of government.

Rights-of-way user or ROW-user means a public utility owning, controlling, maintaining, constructing, or installing facilities in the public rights-of-way of the city, unless otherwise expressly exempted by law. The term also shall not include the city; provided that the city shall nevertheless comply with all such requirements applicable to ROW- users to the extent such compliance is otherwise required by applicable state or federal law.

ROW authorization or authorization means an authorization to use the rights-of-way granted to a right-of-way user by the city as provided in subsection (a)(1)—(4) of section 24-167 of this article.

ROW work permit or permit means either an excavation permit, or a facilities maintenance permit, or both and shall constitute a "right-of-way permit."

Service means that function provided to property adjoining the public rights-of-way from a service provider.

Standard specifications means the City of Columbia Street, Storm Sewer, and Sanitary Specifications and Standards, as may be amended, or other successor documents, on file with the director of public works.

Trenchless excavation means horizontal excavation parallel to the surface of the earth which does not use trenching or vertical digging as the primary means of excavation, including but not limited to directional boring.

Trenchless excavation policy means the City of Columbia Trenchless Excavation Utility Damage Prevention Policy promulgated by the director, as may be amended, and on file with the director of public works.