§ 517.050. Dispute Resolutions, Appeals and Arbitration., Chapter 517. Public Rights-of-Way Use Regulations, Building and Construction, Code of Ordinances, Frontenac

The Director shall make a final determination as to any matter concerning the grant, denial or revocation of a ROW permit as provided in this Chapter. On the request of an applicant or a ROW user and within a reasonable period of time, the Director also shall make a final determination as to any other issue relating to the use of the ROW, the imposition of any fee or the application of any provision of this Chapter, provided however, that this review shall not apply to matters being prosecuted in the Municipal Court. Any final determination of the Director shall be subject to review as provided herein.

Any person aggrieved by a final determination of the Director may appeal in writing to the City Manager within five (5) business days thereof. The appeal shall assert specific grounds for review and the City Manager shall render a decision on the appeal within fifteen (15) business days of receipt affirming, reversing or modifying the determination of the Director. The Board of Aldermen may extend this time period for the purpose of any investigation or hearing deemed necessary. A decision affirming the Director's determination shall be in writing and supported by findings establishing the reasonableness of the decision.

Any person aggrieved by the final determination of the City Manager may file a petition for review pursuant to Chapter 536, RSMo., as amended, in the Circuit Court of St. Louis County, Missouri. Such petition shall be filed within thirty (30) days after the City Manager's final determination.

Arbitration And Mediation.

On agreement of the parties and in addition to any other remedies, any final decision of the City Manager may be submitted to mediation or binding arbitration.

In the event of mediation, the City Manager and the applicant or ROW user shall agree to a mediator. The costs and fees of the mediator shall be borne equally by the parties and each party shall pay its own costs, disbursements and attorney fees.

In the event of arbitration, the City Manager and the applicant or ROW user shall agree to a single arbitrator. The costs and fees of the arbitrator shall be borne equally by the parties. If the parties cannot agree on an arbitrator, the matter shall be resolved by a three (3) person arbitration panel consisting of one (1) arbitrator selected by the City Manager, one (1) arbitrator selected by the applicant or ROW user and one (1) person selected by the other two (2) arbitrators, in which case each party shall bear the expense of its own arbitrator and shall jointly and equally bear with the other party the expense of the third (3rd) arbitrator and of the arbitration. Each party shall also pay its own costs, disbursements and attorney fees.