City of New Haven, MO
Franklin County
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Table of Contents
Table of Contents

Section 412.010 Definitions.

[Ord. No. 918 §2, 5-1-2008]
For the purpose of this Chapter, the following terms, phrases, words and abbreviations shall have the meanings given herein, unless otherwise expressly stated.
ADMINISTRATIVE OFFICER
An office or individual having specific authority to administer the regulations of this Article.
APPLICANT
The specific person applying for and receiving a permit for facilities work.
APPLICATION
That form designed by the City of New Haven which an applicant must use to obtain a permit to conduct facilities work within, across, under and over the City's rights-of-way.
BOARD OF ALDERMEN
The Governing Body of the City of New Haven, Missouri.
BULK PROCESSING
The acceptance and review of one (1) application with multiple projects to be conducted within a calendar year.
CITY
The City of New Haven, Missouri, and its agencies, departments, agents and employees acting within their respective areas of authority.
CITY FACILITIES
Any pavement for streets, sidewalks, alleys, paths; any curbs, gutters, drainage structures, storm sewers, swales, ditches, sanitary sewers, manholes, water mains, water service lines, water meters, valves, street lights, conduits, traffic signals, cables, conduits, panels, irrigation systems, bridges, culverts or signs in which the City holds a property interest.
CONTRACTOR
Any person contracting with a facilities owner or permit holder to do work within the public right-of-way.
EMERGENCY
A condition that:
1. 
Poses a clear and immediate danger to life or health or of a significant loss of property, or
2. 
Requires immediate repair or replacement in order to restore service to a customer.
EXCAVATION
Any act by which earth, asphalt, concrete, sand, gravel, rock or any other material in or on the ground is cut into, dug, tunneled, uncovered, directional bored, removed or otherwise displaced by means of any tools, equipment or explosives, except that any de minimis displacement or movement of ground caused by pedestrian or vehicular traffic which does not materially disturb or displace surface conditions of the earth, asphalt, concrete, sand, gravel, rock or any other material in or on the ground shall not be deemed excavation.
FACILITIES
Any conduit, valves, meters, duct, line, pipe, wire, hose, manhole, pullbox, fiber optic cable, cable, culvert, pole, receiver, transmitter, satellite dish, micro cell, repeater, amplifier or other device, material, apparatus or medium usable (whether actually used for such purpose or not) for the transmission or distribution of any service or commodity installed below or above ground within the public rights-of-way of the City, whether used privately or made available to the public.
FACILITIES OWNER
A person who owns, leases or otherwise controls the use of facilities.
FACILITIES WORK
The installation of new facilities or any change, replacement, relocation, removal, alteration or repair of existing facilities that requires excavation, excluding exploratory excavation to physically locate facilities, within the public rights-of-way, except for the occasional replacement of utility poles and related equipment at the existing location that does not involve excavation.
INDIVIDUAL SERVICE CONNECTION
Individual water and sewer taps permitted as part of a building permit and individual service connections from a supply line, wire or cable for natural gas, electric, cable television, telecommunications or other services to a residence or business.
NORMAL BUSINESS HOURS
8:00 A.M. to 5:00 P.M. Central Standard Time, Monday through Friday.
PERMIT
A permit granted by the City to do facilities work within the public rights-of-way.
PERMIT HOLDER
Any person to whom a permit has been granted by the City under this Chapter.
PERSON
Any individual, firm, partnership, association, corporation, company or organization of any kind or any lawful successor thereto or transferee thereof.
PROBATION
The status of a person that has not complied with the conditions of this Chapter.
PROBATIONARY PERIOD
One (1) year from the date that a person has been notified in writing that they have been put on probation.
PROJECT
A written plan of work prepared and presented to the City by an applicant that encompasses an outlined scope of work to be conducted within the public rights-of-way. A project could be one (1) or more separate excavations, constructions or installations within the public right-of-way, but included as part of a single plan.
PUBLIC RIGHTS-OF-WAY
The surface, the air space above the surface and the area below the surface of any street, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, parkway, easement or other similar property in which the City now or hereafter holds any property interest. No reference herein, or in any permit, to public rights-of-way shall be deemed to be a representation or warranty by the City that its interest or other right to control the use of such property is sufficient to permit its use for such purposes. Public rights-of-way do not include the airwaves above the rights-of-way with regard to cellular or other non-wire telecommunications or broadcast services or private easements in platted subdivisions or tracts not dedicated to public use.
SCHEDULE
An outline prepared and presented by a facilities owner describing all of its proposed facilities work which may affect public rights-of-way for the following twelve (12) month period.

Section 412.020 Permits.

[Ord. No. 918 §2, 5-1-2008]
A. 
Permit Requirements. Any person desiring to conduct facilities work within public rights-of-way must first apply for and obtain a permit, in addition to any other building permit, license, easement or authorization required by law, unless such facilities work must be performed on an emergency basis as set forth in "Definitions: Emergency". A permit shall be obtained for each project.
B. 
Facilities Work Done Without A Permit.
1. 
Emergency situations.
a. 
Each person performing facilities work on an emergency basis shall immediately notify the City if performed during normal business hours and the City of New Haven Police Department if performed outside of normal business hours of the location of the work and shall apply for the required permit by the next business day following the commencement of the facilities work and fulfill the rest of the requirements necessary to bring itself into compliance with this Chapter.
b. 
In the event that the City becomes aware of an emergency requiring facilities work, the City shall attempt to contact a representative of each facility owner affected or potentially affected by the emergency. If no response is received by a particular facilities owner to whom contact is attempted, the City Engineer may take whatever action he/she deems necessary in order to respond to the emergency, the cost of which shall be borne by the person whose action or inaction occasioned the emergency.
2. 
Except in the case of an emergency, any person who, without first having obtained the necessary permit, performs facilities work or excavation in a public right-of-way, in addition to any other penalties provided for the violation of ordinances of this City, must subsequently obtain a permit, pay double the normal fees for said permit, deposit with the City all monies necessary to repair any damage caused by the unauthorized facilities work or excavation to the public right-of-way and comply with all of the requirements of this Chapter and other City ordinances.
C. 
Permit Applications.
1. 
All applications for permits shall be submitted to the City Engineer. The City Engineer shall design and make available standard forms for such application, requiring such information as the City Engineer determines to be necessary, in order to be consistent with the provisions of this Chapter and to accomplish the purposes of this Chapter.
2. 
As a minimum, the application should have the following information:
a. 
The names, addresses, telephone numbers and legal status of the applicant, contractor and facilities owner.
b. 
The name, address and telephone number of a responsible person whom the City may notify or contact at any time concerning the applicant's facilities work in or on the public rights-of-way.
c. 
An engineering site plan showing the proposed location of the facilities work including manholes or overhead poles; the length, size, type and proposed depth of any conduit or any other enclosures; and the relationship of the facilities to all existing streets; length of public rights-of-way; the number of road crossings; the number of entrance drive crossings; the locations of City-owned facilities in the proximity, if known, and the dimensions and character of any cut or excavation and the number of square feet to be resurfaced.
d. 
Each application should include the projected commencement and termination dates of the facilities work or, if such dates are unknown at the time the permit is issued, a provision requiring the permit holder to provide the City Engineer with reasonable advance notice of such dates once they are determined.
e. 
As applicable, information sufficient for the City to determine that the applicant has applied for and received any permit, operation license or other right or approvals required by the Federal Communications Commission or the Missouri Public Service Commission; provided however, that after the applicant has once provided the foregoing information, such information can be incorporated by reference in future applications that require such information rather than having to provide such information with every subsequent application.
f. 
Certificates of insurance as required by the City.
g. 
Any additional information that the City Engineer may require which may include such conditions and requirements as are reasonably necessary to protect structures and facilities in the public rights-of-way from damage and for the proper restoration of such public rights-of-way, structures and facilities and for the protection of the public and the continuity of pedestrian and vehicular traffic.
3. 
The City Engineer's review and approval of the application for permit does not relieve the applicant of responsibility for:
a. 
Accuracy of dimensions and details.
b. 
Agreements and conformity of the submitted plans.
c. 
Successful completion of facilities work.
d. 
Proper and safe design done by the facility owner or its contractor.
e. 
Proper and safe construction of the facilities work.
4. 
The making and repairing of individual service connections in the public right-of-way shall require a separate permit if permitted as part of a building permit issued by the City. All repairs to the public right-of-way made as a result of individual service connections shall be in accordance with this Chapter and the City of New Haven technical specifications, as applicable.
5. 
Upon approval of such application and prior to commencement of facilities work, payment of fees established shall be paid to the City.
6. 
The City Engineer shall review each application for a permit and, upon determining that the applicant has all requisite authority to perform the desired facilities work and that the applicant has submitted all necessary information and has paid the appropriate fee, shall issue the permit, except as provided in "Denial of Permits" hereof. In order to avoid excessive processing and accounting costs to either the City or the applicant, the City Engineer shall have the authority to establish procedures for bulk processing of applications and periodic payment of fees.
7. 
It is the intention of the City that disruption of the public rights-of-way should be minimized. Upon receipt of an application for a permit, the City Engineer shall do the following:
a. 
Evaluate the degree of excavation necessary to perform the facilities work in the public rights-of-way and determine whether the proposed excavation will be more than minor in nature. The City Engineer or his/her designee shall grant a permit within ten (10) business days for facilities work deemed minor in nature. If the applicant can show to the City Engineer's reasonable satisfaction that the facilities work involves time-sensitive maintenance, then the City Engineer or his/her designee shall grant the permit within two (2) business days. In either instance, if the permit is not issued in ten (10) business days, the aggrieved party may appeal to the Board of Aldermen as provided in "The Appeal Procedure" of this Section, unless the applicant is submitting one (1) project application for multiple excavations, construction or installations; and
b. 
For circumstances where the City Engineer determines that there will be significant facilities work of the public rights-of-way and no exemption applies, the City Engineer may, consistent with the time requirements set forth in this Section, direct permit holders performing facilities work in the same area to consult on how they may schedule and coordinate their work to accomplish the goal of this Section.
8. 
An applicant receiving a permit shall promptly notify the City Engineer of any changes in the information submitted in this application.
9. 
Each permit shall be valid for the number of days stipulated on the permit. Permit holders may request an extension on the permit time restriction in writing to the City Engineer. If the time limit on the permit expires without approval of an extension, the permit shall be considered terminated.
10. 
The City Engineer or his/her designee maintain an index of all applicants who have been granted permits and their contact person.
11. 
An applicant whose permit application has been withdrawn, abandoned or denied for failure to comply with the terms and provisions of this Chapter shall not be refunded the application fee.
D. 
Denial Of Permits.
1. 
Mandatory denial. Except in the case of an emergency, the City Engineer shall deny an application for permit in the following events:
a. 
Facilities work is sought which requires excavation of any portion of the paved public right-of-way which was constructed or reconstructed in the preceding five (5) years or as determined by the City Engineer.
b. 
The applicant, contractor or facilities owner owes undisputed past due fees from prior permits.
c. 
The applicant, contractor or facilities owner has failed to return the public right-of-way to its previous and acceptable condition under previous permits.
d. 
The facilities work will cause undue disruption to existing or planned utilities, transportation, public or City use.
e. 
The facilities work area is environmentally sensitive as defined by State or Federal Statute.
f. 
Applicant's failure to provide required information.
g. 
Applicant's failure to provide City with required schedule, provided however, that the failure of an applicant to include in the schedule construction activities which were not anticipated at the time of submitting the schedule will not constitute grounds for denial of permit.
h. 
Failure of applicant to list the project in the schedule, provided however, that the failure of an applicant to include in the schedule construction activities which were not anticipated at the time of submitting the schedule will not constitute grounds for denial of permit.
i. 
The applicant is in violation of the provisions of this Chapter.
j. 
Location of proposed facilities work would impede maintenance of existing facilities.
k. 
Failure to pay for damages caused to any City facilities from prior facilities work by the applicant or facilities owner.
If a permit is denied under this Section, the City Engineer will cooperate with the applicant to identify alternative routes which most nearly match the routes requested by applicant for the placement of facilities.
2. 
Permissive denial. The City Engineer may deny a permit in order to protect the public health, safety and welfare and to prevent interference with the convenience of ordinary travel over the public right-of-way and to its users. The City Engineer in his/her discretion may consider one (1) or more of the following factors:
a. 
The extent to which public right-of-way where the permit is sought is available;
b. 
The competing demands for the particular location in the right-of-way;
c. 
The availability of other locations in the right-of-way or in other rights-of-way for the facilities of the applicant;
d. 
The degree of current compliance of the applicant with the terms and conditions of its franchise and other applicable ordinances and regulations;
e. 
The condition and age of the public right-of-way and whether and when it is scheduled for total or partial reconstruction;
f. 
The balancing of the costs of disruption to the traveling public and damage to the public right-of-way against the benefits to that part of the public served by the expansion into additional parts of the public right-of-way;
g. 
Destruction of public or private plant material.
E. 
Appeal Procedure. Applicant may appeal any final decision of the City Engineer to the Board of Aldermen who shall consider the appeal within thirty (30) days or at the next regular scheduled Board of Aldermen meeting.
F. 
Applicable Fees.
1. 
Any fees collected pursuant to this Section will be used only to reimburse the City for its actual costs incurred in managing the public rights-of-way and will not be used to generate revenue to the City above such costs, excluding legal fees relating to the interpretation or enforcement of this Chapter, including all appeals.
2. 
Permit fee shall be the same as the excavation permit fees currently in effect.
3. 
Fees for private connections for water and sewer service shall be in conformance with the City's water and sewer ordinances.
4. 
All permit fees shall be doubled during a probationary period.
5. 
Permit fees that were paid for a permit that the City Engineer has revoked for a breach are not refundable.
G. 
Revocation Of Permits.
1. 
Permits issued pursuant to this Chapter are a privilege and not a right. The City reserves its right, as provided herein, to revoke any permit, without fee refund, in the event of a violation of the terms and provisions of any applicable Statute, ordinance, rule or regulation or any condition of the permit. A violation of a permit holder shall include, but shall not be limited to, the following:
a. 
The violation of any material provision of the permit;
b. 
An evasion or attempt to evade any material provision of the permit or the perpetration or attempt to perpetrate any fraud or deceit upon the City with respect to the permit;
c. 
Any material misrepresentation of fact in the application for a permit;
d. 
The failure to maintain the required bonds and/or insurance;
e. 
The failure to complete the facilities work in a timely manner; or
f. 
The failure to correct or comply with a condition indicated on an order.
If the City Engineer determines that the permit holder has committed a violation of any term or condition of any Statute, ordinance, rule, regulation or any condition of the permit, the City Engineer shall make a written demand upon the permit holder to remedy such violation. The demand shall state that continued violation may be cause for revocation of the permit and for the imposition of other penalties as provided for by law. Further, a violation shall allow the City Engineer, at his/her discretion, to place additional or revised conditions in the permit.
2. 
Within three (3) business days of receiving notification of a violation, the permit holder shall contact in writing the City Engineer with a plan, acceptable to the City Engineer, for its correction. Permit holder's failure to so contact the City Engineer or the permit holder's failure to submit an acceptable plan or permit holder's failure to reasonably implement the approved plan shall be cause for immediate revocation of the permit. In addition to all other penalties provided for herein, permit holder's failure to so contact the City Engineer or the permit holder's failure to submit an acceptable plan or permit holder's failure to reasonably implement the approved plan shall automatically place the permit holder on probation for one (1) full year.
3. 
If permit holder, while on probation, commits a violation as outlined above, permit holder's permit will automatically be revoked and permit holder will not be allowed further permits for one (1) full year thereafter, except for emergency repairs. Applicant may repeal any such revocation to the Board of Aldermen. The Board of Aldermen may rescind revocation of a permit upon payment of a fee of one thousand dollars ($1,000.00).
4. 
If the permit is revoked, the permit holder shall also reimburse the City for the City's reasonable costs, including restoration costs and costs of collection incurred in connection with such revocation.
H. 
Coordination Of Construction Activities. All permit holders are required to operate with the City and with each other as follows:
1. 
By January fifteenth (15th) of each year, each permit holder shall provide the City Engineer with a schedule of its proposed construction activities which may affect the public rights-of-way for the ensuing twelve (12) months. Failure to provide a schedule on a timely basis may be considered in denial of a permit for the ensuing twelve (12) months.
2. 
Each permit holder shall meet with the City Engineer and other permit holders, either quarterly or as determined by the City Engineer, to schedule and coordinate facilities work.

Section 412.030 Facilities Work.

[Ord. No. 918 §2, 5-1-2008]
A. 
Oversight Of Facilities Work.
1. 
Permit holders shall comply with all City codes and ordinances.
2. 
The permit holder shall at all times conduct operations and perform the facilities work in a manner that will ensure the least possible obstruction to traffic as outlined in and in accordance with the Manual of Uniform Traffic Control Devices. The permit holder shall provide temporary facilities where and when necessary to conveniently serve pedestrian travel over or through obstructions at public walkways and at locations designated in their application.
3. 
The permit holder shall give all emergency service providers as well as the City of New Haven three (3) working days' notice to arrange for routing of emergency vehicles before streets are closed to traffic. Access to fire hydrants shall not be obstructed without approval of the City Engineer and local Fire Chief.
4. 
Unless for an emergency, no person shall make paving cuts or curb cuts except after receiving approval of a permit therefore.
5. 
Facilities work shall be subject to periodic inspection by the City. All excavation, alignment, depth, compaction and backfill materials shall be subject to inspection by the City. Such inspection, however, shall not relieve the permit holder from any obligation to perform all of the facilities work strictly in accordance with requirements of the plans and technical specifications submitted with the application.
B. 
Inspections And Final Acceptance.
1. 
Approval of the facilities work, as provided for herein, shall not relieve the permit holder of any financial liabilities imposed on the permit holder, nor shall it constitute final acceptance for maintenance by the City of the facilities work. Final acceptance of the facilities work will not be made until one (1) calendar year after completion of the facilities work and its reinspection to confirm its continued compliance with the plans and technical specifications submitted with the application.
2. 
Within five (5) days following notification from the permit holder that all facilities work has been completed, the City Engineer will make an inspection of the entire facilities work site. If any work is found to be unsatisfactory or incomplete, instructions for correction will be issued and another inspection will be made after the City Engineer receives notice that the corrections have been carried out. Before final acceptance of the completed facilities work, the permit holder shall remove all surplus and discarded materials, equipment, rubbish and temporary structures.
C. 
Unacceptable And Unauthorized Work.
1. 
The City Engineer shall have full access to all portions of facilities work and may issue stop work orders and corrective orders to prevent unauthorized work. Such corrective or stop work orders shall state that work not authorized by the permit is being carried out, summarize the unauthorized work and provide a period of not longer than thirty (30) days to cure the problem unless a time extension is approved by the City Engineer, which cure period may be shortened if certain activities must be ceased to protect the public safety and may be delivered personally or by certified mail to the address listed on the application for the permit or to the person in charge of the facilities work site at the time of delivery. Such orders may be enforced by equitable action in the Circuit Court of Franklin County, Missouri, and if the City prevails in such case, the person involved in the facilities work, by acceptance of the permit, agrees to be liable for all costs and expenses incurred by the City, including reasonable attorney's fees, in enforcing such order, in addition to any and all penalties established in this Chapter.
2. 
Any person who engages in facilities work in the public rights-of-way and who has not received a valid permit from the City shall be subject to all penalties provided in this Chapter. Except in those instances where facilities work must be performed on an emergency basis, the City may, in its discretion, at any time until a permit is secured order the facilities work ceased and do any of the following:
a. 
Require such person to apply for a permit within thirty (30) days of receipt of a written notice from the City that a permit is required;
b. 
Require such person to remove its property and restore the affected public right-of-way to a condition satisfactory to the City; or
c. 
Take any other action it is entitled to take under applicable law including, but not limited to, filing for and seeking damages for trespass.
3. 
Records. Facility owners that maintain more than one thousand (1,000) lineal feet of facilities within the public right-of-way shall keep complete and accurate maps and records of the location of their facilities and shall, within twelve (12) months of the passage of this Chapter, file with the City Engineer a current base map of those portions of their systems which lie within, run through or over public rights-of-way. Base maps furnished to the City Engineer shall show the location of facilities and their relationship to existing streets or public rights-of-way. Base map updates shall be provided to the City Engineer annually by January fifteenth (15th). Applicants shall submit updated plans to the City Engineer for approval whenever a project involves new construction or the excavation of public rights-of-way. Such maps are intended to be proprietary to the owners of the facilities and not owned by the City, but are provided for the internal use by the City. The City, to the extent permitted by law, will not provide such maps to third (3rd) parties.
4. 
Assignment of permit. The rights granted by a permit inure to the benefit of applicant. The rights shall not be assigned, transferred, sold or disposed of, in whole or in part, by voluntary sale, merger, consolidation or otherwise by force or involuntary sale without the prior, express written consent of the City. Any such consent shall not be withheld unreasonably and shall not be required for assignment to entities that control, are controlled by or are under common control with applicant.
5. 
Termination of permit and removal of installations. Upon termination of a permit, the City may order the removal of any of the applicant's facilities work performed under the permit and if applicant should refuse, the City may remove such work at applicant's expense.
D. 
Construction Standards.
1. 
The construction, operation, maintenance and repair of facilities shall be in accordance with all applicable ordinances.
2. 
All facilities shall be installed and located with due regard for minimizing interference with the rights of the public, including the City and other users of the public rights-of-way.
3. 
All new facilities shall be constructed underground except for facilities that are required to be located above ground and except in areas that have been designated as overhead corridors by the City Engineer. In cases where facilities will be placed underground, the permit holder shall give to all facility owners registered hereunder reasonable written advance notice of the particular date on which open trenching will be available for installation of facilities.
4. 
Existing underground conduits or overhead facilities shall be used whenever feasible and permitted by the owner thereof. No person may erect new poles or similar structures within the public right-of-way without the prior, express written consent of the City Engineer.
5. 
Applicant shall not place facilities where they will damage or interfere with the use or operation of previously installed facilities or obstruct or hinder the various utilities serving the residents and businesses in the City or their use of any public rights-of-way.
6. 
The permit holder shall be responsible to inform the City Engineer of any damage to City property. The permit holder shall be responsible to inform any other facilities owners of possible damage to their facilities. The permit holder is fully responsible for reimbursing the facilities owners for damages caused by the permit holder's work to facilities whose existence and approximate locations were known or should have been known before the damage was done. Nothing in this Chapter shall make the permit holder liable for damage to facilities located below the ground surface, in the absence of negligence, if the facility owner, after reasonable notice from the permit holder, fails to advise the permit holder of its location and approximate depth below the ground surface.
7. 
In the discretion of the City Engineer, prior to directional boring critical, existing City facilities shall be located by digging a hole large enough to visually inspect the facilities at proposed crossing locations. To prevent damage to existing facilities, the boring operation shall be visually monitored during the placement of new facilities.
8. 
Any and all public rights-of-way or facilities disturbed or damaged during the facilities work shall be promptly repaired or replaced or caused to be promptly repaired or replaced to its previous condition by the permit holder or, at the City Engineer's discretion, by the City at the permit holder's expense.
9. 
Any contractor or subcontractor used for facilities work must be properly licensed under laws of the State of Missouri and all applicable local ordinances and each contractor or subcontractor shall have the same obligations with respect to its work as a permit holder would have hereunder and shall be responsible for ensuring that the work of contractors and subcontractors is performed consistent with its permits and applicable law, shall be fully responsible for promptly correcting acts or omissions by any contractor or subcontractor.

Section 412.040 Performance Guarantee and Remedies.

[Ord. No. 918 §2, 5-1-2008]
A. 
Performance Bond.
1. 
Prior to any facilities work in the public rights-of-way, a permit holder shall establish in the City's favor a performance bond or letter of credit in an amount determined by the City Engineer as necessary to ensure the permit holder's faithful performance of the facilities work. Differences in bond requirements, including provisions for self-insurance or provisions for a single continuing bond where facilities work is conducted by the same applicant under numerous permits, may be established by regulation based on the extent or nature of the facilities work and the past performance of the applicant. In lieu of a performance bond, permit holder may provide an acceptable letter of credit with the approval of the City Engineer.
a. 
Five hundred dollars ($500.00) cash shall be deposited with the City for each permitted instance of facilities work occurring behind the curb.
b. 
One thousand five hundred dollars ($1,500.00) cash deposit or performance bond shall be established for each permitted instance of facilities work occurring in or under street pavement.
c. 
All facilities owners with permitted facilities work occurring in the City of New Haven public right-of-way, except those owners meeting the requirements of Section 67.1830(6)(a), RSMo., shall establish a fifty thousand dollar ($50,000.00) "blanket" performance bond, renewable annually, in lieu of the requirement of Subsections (A)(1)(a) and (A)(1)(b) of this Section.
2. 
In the event an applicant fails to complete the facilities work in a safe, timely and competent manner, there shall be recoverable, jointly and severally from the principal and surety of the bond, any damage or loss suffered by the City as a result, plus a reasonable allowance for attorney's fees, up to the full amount of the bond or letter of credit.
3. 
Upon completion of the facilities work to the satisfaction of the City Engineer, the City Engineer shall eliminate the bond or reduce its amount after a time appropriate to determine whether the work performance was satisfactory, which time shall be established by the City Engineer considering the nature of the work performed.
4. 
A performance bond shall be issued by a surety acceptable to the City and shall contain the following endorsement:
"This bond may not be canceled 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."
5. 
In the event that an excavation is not refilled within a reasonable time after it is ready for refilling, the City Engineer shall notify the permit holder making the excavation that if such excavation is not filled within four (4) days, it shall be filled by the City. The charge for the cost of such work shall be paid by the permit holder within ten (10) days after completed and no additional permit shall be issued to that person after that time, unless such charge has been paid.
6. 
In the event that the applicant fails to backfill, repair or repave any excavations made within the public rights-of-way, the City Engineer, at his/her discretion, shall repair said cut with City employees or contract the repair to be made and charge the applicant for the full contract cost of repair. If the City makes the repair with City employees, the charges shall be based on the unit price paid on the most recent street improvement or pavement repair contract entered into by the City.
B. 
Cost Recovery. In the event the City incurs additional costs as a direct result of an unauthorized action or an inaction by any person and/or facilities owner, the City shall have the right to recover from that owner or person any and all documentable costs incurred including, but not limited to, the identification of undocumented facilities, completion of improper facilities work, long-term structural damage, construction delay fees and penalties, fees paid to other agencies and any other documentable costs incurred by the City within the public rights-of-way.
C. 
Penalties. For each violation of provisions of this Chapter or a permit granted pursuant to this Chapter as to which the City has given notice to applicant as provided in this Chapter, penalties may be chargeable to the applicant at a rate not exceeding five hundred dollars ($500.00) per day for so long as the violation continues.

Section 412.050 Relocation of Facilities On Rights-Of-Way.

[Ord. No. 918 §2, 5-1-2008]
Whenever, by reason of present or future City use of public right-of-way, a public improvement is undertaken by the City or changes in the grade or widening of a street or in the location or manner of constructing a water pipe, drainage channel, sewer or other City-owned underground or above ground structure is made and it is deemed necessary by the City to move, alter, change, adapt or conform the underground or above ground facilities of a facilities owner, the facilities owner shall make the alterations or changes on alternative rights-of-way provided by the City, if available, as soon as practicable after being so ordered in writing by the City at the facility owner's expense without claim for reimbursement or damages against the City. Failure to promptly comply with such written order shall be deemed unlawful. The City will endeavor to minimize the interference with previously installed facilities when conducting its own facilities work.

Section 412.060 Transferred or Abandoned Facilities.

[Ord. No. 918 §2, 5-1-2008]
A. 
A facilities owner who has determined to discontinue its use of certain facilities in the City must either:
1. 
Provide information satisfactory to the City Engineer that the facilities owner's obligations for its facilities in the rights-of-way under this Chapter have been lawfully assumed by another facilities owner; or
2. 
Submit to the City Engineer a proposal and instruments for transferring ownership of its facilities to the City Engineer. If a facilities owner proceeds under this clause, the City may, at its option:
a. 
Purchase the facilities;
b. 
Require the facilities owner, at its own expense, to remove the above ground facilities; or
c. 
Require the facilities owner to post a bond in an amount sufficient to reimburse the City for reasonably anticipated costs to be incurred in removing the facilities.
B. 
Facilities of a facilities owner who fails to comply with this Section and which for two (2) years remains unused shall be deemed to be abandoned. Abandoned facilities are deemed to be a nuisance. The City may exercise any remedies or rights it has at law and in equity including, but to limited to:
1. 
Abating the nuisance at the facilities owner's expense;
2. 
Taking possession of the facilities and restoring it to a usable condition; or
3. 
Requiring removal of the facilities by the facilities owner or by the facilities owner's surety under the bond required under this Chapter.
C. 
Any facilities owner who has unused facilities in any rights-of-way shall remove the facilities from that right-of-way during the next scheduled excavation, unless this requirement is waived by the City Engineer.

Section 412.070 Miscellaneous Provisions.

[Ord. No. 918 §2, 5-1-2008]
A. 
Indemnification And Minimum Limits Of Insurance. Permit holder and its contractor shall maintain limits no less than those outlined in the City of New Haven technical specifications as applicable.
B. 
Compliance With Laws. Each applicant shall comply with all applicable Federal and State laws as well as City ordinances, resolutions, rules and regulations heretofore and hereafter adopted or established.
C. 
Applicant Subject To Other Laws, Police Power.
1. 
An applicant shall at all times be subject to all lawful exercise of the Police powers of the City including, but not limited to, all powers regarding zoning, supervision of the restoration of the right-of-way and control of public rights-of-way.
2. 
No action or omission of the City shall operate as a future waiver of any rights of the City under this Chapter.
3. 
Except where rights are expressly granted or waived by a permit, they are reserved, whether or not expressly enumerated. This Chapter may be amended from time to time and in no event shall this Chapter be considered a contract between the City and an applicant such that the City would be prohibited from amending any provision hereof.
D. 
Future Uses. In placing any facility or allowing it to be placed in the public right-of-way, the City is not liable for any damages caused thereby to a facility which is already in place.
E. 
Franchise Not Superseded. Nothing herein shall be deemed to relieve an applicant or the City of the provisions of an existing franchise, license or other agreement or permit.
F. 
Rights And Remedies.
1. 
The exercise of one (1) remedy under this Chapter shall not foreclose use of another, nor shall the exercise of a remedy or the payment of damages or penalties relieve an applicant of its obligations to comply with its permits. Remedies may be used alone or in combination; in addition, the City may exercise any rights it has at law or equity.
2. 
The City hereby reserves to itself the right to intervene in any suit, action or proceeding involving any provisions of this Chapter.
3. 
No applicant shall be relieved of its obligation to comply with any of the provisions of this Chapter by reason of any failure of the City to enforce prompt compliance.
G. 
Incorporation By Reference. Any permit granted pursuant to this Chapter shall by implication include a provision that shall incorporate by reference this Chapter into such permit as fully as if copied therein verbatim.
H. 
Force Majeure. An applicant shall not be deemed in violation of provisions of this Chapter where performance was rendered impossible by acts of God or the public enemy, epidemics, war or riots, civil disturbances, quarantine restrictions, labor strikes, freight embargoes, fires, floods, unusually severe weather or other natural catastrophes beyond the applicant's control and a permit shall not be revoked or an applicant penalized for such non-compliance, provided that the applicant takes immediate and diligent steps to bring itself back into compliance and to comply as soon as possible under the circumstances with its permit without unduly endangering the health and safety of the applicant's employees or property, the public, public rights-of-way, public property or private property.
I. 
Calculation Of Time. Unless otherwise indicated, when the performance or doing of any act, duty, matter or payment is required under this Chapter or any permit and a period of time is prescribed and is fixed herein, the time shall be computed so as to exclude the first (1st) and include the last day of the prescribed or fixed period of time.
J. 
Severability. If any Section, Subsection, sentence, clause, phrase, term, condition or provision of this Chapter shall to any extent be held to be invalid, unenforceable or unconstitutional by any court or administrative agency of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remainder hereof and shall be valid in all other respects and continue to be effective. In the event of a subsequent change in applicable law so that the provision that has been held invalid is no longer invalid, said provisions shall thereupon return to full force and effect without further action by the City and shall thereafter be binding on the applicant and the City. If a permit, right or registration shall be considered a revocable permit as provided herein, the permit holder must acknowledge the authority of the Board of Aldermen to issue such revocable permit and the power to revoke it.
Nothing in these ordinances precludes the City from requiring a franchise agreement with the applicant, as allowed by law, in addition to requirements set forth herein.
K. 
Technical Specifications Applicable To City. Technical specifications which are on file in the City offices shall be fully applicable to work performance by the City and its departments. As a matter of public policy, the City shall utilize the Missouri One-Call system to notify registered facilities owners prior to the City working in the public rights-of-way.
L. 
Eminent Domain. Nothing herein shall be deemed or construed to impair or affect, in any way or to any extent, any right the City may have to acquire the property of the applicant through the exercise of the power of eminent domain.
M. 
Annexation. The provisions of this Chapter shall specifically apply to any lands or property annexed as of the date of such annexation.
N. 
Savings Clause. Nothing contained herein shall in any manner be deemed or construed to alter, modify, supersede, supplement or otherwise nullify any other ordinances of the City or requirements thereof, whether or not relating to in any manner connected with the subject written hereof, unless expressly provided otherwise herein or hereafter.