[Ord. No. 20-09, 4-23-2020]
A.
The
following is the process for any owner(s) of privately owned/maintained
infrastructure to request dedication and conveyance of such improvements
to the City of Weldon Spring, Missouri:
1.
Owner(s) will complete an application to dedicate private infrastructure
to the City of Weldon Spring form and submit it to the City Administrator
(CA). Within the application form it will indicate the specific infrastructure
systems such as streets, storm water collection systems or other infrastructure
intended to be conveyed to the City.
a.
Owner(s) should be specific and detailed in their request of what
infrastructure is requested to be conveyed to the City.
b.
Owner(s) must provide documentation verifying ownership or their
rights of ownership to said infrastructure intended to be conveyed
to the City.
c.
If applicable, owner(s) must provide a current/accurate copy of their
Home-Owners Association (HOA) bylaws and/or covenants and restrictions.
d.
Owner(s) will include a non-refundable application fee of five hundred
dollars ($500.00) intended to cover all legal and administrative expenses
incurred by the City during their review of the request.
(1)
Note: If the initial fee is not adequate to cover all City expenses
the City Treasurer (CT) will prepare an invoice to the applicant requesting
payment prior to further review and consideration by the City.
(2)
Note: In accordance with the City of Weldon Spring City Code Section 405.053(D), if the applicant fails to pay any invoices, through the process, generated by the City within ninety (90) days' of written notice, the City shall be entitled to certification of the assessment for a sale or lien for those costs on the land being developed.
2.
Upon receipt and payment of the application and fee by the owner(s)
the CA will request the City Attorney to review the bylaws and/or
covenants and restrictions and any other relevant documents. The purpose
of this is to ensure the owner(s) have the right to transfer and convey
ownership of the defined infrastructure.
a.
The City Attorney will submit a report of his/her findings to the
CA and the CA will share the info with the owner(s). Assuming the
owner(s) are found to be able to convey said infrastructure the process
will continue.
3.
The CA will request the City Engineer (CE) to review the owner(s)
request and provide a thorough cost estimate of his/her time and expenses
to prepare/conduct:
4.
The CE will submit the cost estimate to the CA. Upon receipt of the
cost estimate the CA will share the information with the owner(s).
a.
The owner(s) must then decide whether or not to proceed with the
initial inspection and reporting by the CE. If the owner(s) choose
to proceed they must submit a letter certifying their intention to
proceed and a payment of one hundred percent (100%) of the CE's cost
estimate shall be made payable to the City of Weldon Spring.
Note: It is the owner(s) responsibility to pay for and cover
all expenses associated with the dedication process herein described.
b.
A full accounting of the payment will be maintained by the City Treasurer
(CT) and a project number assigned for tracking and control purposes.
5.
The CE will proceed with initial inspection of said infrastructure.
Upon completion of the inspection the CE will prepare a detailed report
of findings and recommendation of the corrective action needed to
bring the infrastructure up to current City standards; this shall
include a cost estimate for the necessary repairs. The report will
be shared with the owner(s) and the CE will be available to meet with
the owner(s) and/or their designated representatives.
6.
The CE will submit a second (2nd) cost estimate to the CA to include
the following details:
a.
Time and material to inspect construction efforts necessary to satisfy
all corrective measures identified.
b.
Time to prepare a final report and certification that all necessary
repairs have been completed and are satisfactory.
c.
Preparation of any needed survey work and/or preparation of legal
descriptions necessary for the dedication and conveyance process.
7.
Upon receipt of the cost estimate the CA will share the information
with the owner(s). The owner(s) must decide whether or not they wish
to proceed with implementing the identified repairs based upon the
CE's findings and recommendations and indicate this in writing to
the CA their desire to proceed.
a.
If the owner(s) choose to proceed they must submit a letter certifying
their intention to proceed and a second (2nd) payment of one hundred
percent (100%) of the CE's cost estimate shall be made payable to
the City of Weldon Spring.
8.
The owner(s) must make arrangements to make any and all necessary
repairs per the CE's findings and recommendation. These repairs must
be completed in a timely manner but should not exceed twenty-four
(24) months from the date of the CE's findings and recommendation
letter. If not completed within the designated timeframe another inspection
will be necessary and the owner(s) will be required to pay for this
per a CE cost estimate in advance.
9.
Once the owner(s) has completed all necessary corrective action and
the CE has certified these findings in writing to the CA the following
shall occur:
a.
The CA will request the City Clerk and City Attorney prepare final
dedication documents. The documents should include:
10.
The CA will request the CT to review and prepare a final reconciliation
of all related dedication expenses and payments made by the owner(s).
a.
If a positive account balance is determined, a refund will be generated
and sent to the owner(s).
b.
If a negative account balance is determined due to expenses exceeding
the payment(s) made by the owner(s), the CT will prepare a final invoice
for reimbursement and shall be paid to the City by the owner(s) prior
to the scheduling of an agenda item before the Board of Aldermen for
their consideration of the dedication.
11.
The City Clerk shall place the proposed infrastructure dedication
on the next available Board of Aldermen agenda for consideration.
a.
The Board of Aldermen reserves the right to accept, reject or modify
any and all provisions and/or requests for dedication of infrastructure
at their sole discretion.
