City of Weatherby Lake, MO Sanitary Sewers

Section 700.140 Construction of Sanitary Sewers.

[CC 1984 §9.020; Ord. No. 267, 7-17-1984]

Any individual or corporation, hereinafter referred to as contractor, relating to the construction, installation and repair of sanitary sewers within the corporate limits of the City of Weatherby Lake, hereinafter referred to as City, shall, prior to proceeding with said work, file and deposit with the City Clerk a cash bond in the amount of one thousand dollars ($1,000.00), said bond to be conditioned upon the contractor performing and completing said work without interfering with or adversely effecting the condition of that portion of Weatherby Lake, hereinafter referred to as "Lake", within the corporate limits of the City by casting materials into the lake or by causing or allowing effluent or waste to escape and enter the waters of the Lake, upon the contractor replacing and restoring any real or personal property damaged or altered by said work to its pre-existing condition and, further, upon the contractor paying all judgments, if any, which may be obtained against the contractor as a result of his/her work. The bond deposited shall remain with the City for a period of one (1) year after the said sewer line is completed and in regular use and operation so as to secure the conditions aforesaid. At the end of such period and with due regard for any claims made against the sum deposited as a bond, any balance shall be returned to the contractor.

It shall be unlawful for any contractor to initiate or perform any of the work described above without first obtaining a permit from the City. The contractor shall apply in writing for said permit. The application shall state the applicant's name and address and must describe in detail what work is to be done, its location and extent, including all steps being taken or safeguards to be observed to preserve the ecology and sanitation of the Lake and to restore any shoreline, public or private, which may be damaged or altered by such work. The bond described in Subsection (A) shall accompany said application to the City.

The City shall have the right to supervise, police and inspect sanitary sewer projects during all construction phases. In the event the City brings a person to inspect such projects, the expenses thereby incurred shall be deducted from the contractor's bond.

Copies of said applications shall be delivered by the applicant, following the issuance of any permit, to each property owner who may be effected in any manner by the work.

It shall be unlawful for any contractor to dump or deposit or to permit or direct the dumping or depositing of dirt, earth, rock, clay, mud, shale, building materials, debris, rubbish, oil, gasoline, garbage, waste or effluent into the Lake while performing the aforementioned work and such acts are hereby prohibited and are deemed to constitute a nuisance.

The following individuals are hereby declared to be subject to the provisions of this Section:

Workmen, laborers, employees and foremen of the contractor.

Managing or supervisory employees of the contractor.

Officers of any corporate contractor.

Partners of any contractor in the form of a partnership.

Individuals, firms or corporations who have undertaken to initiate or perform work on a sanitary sewer project.

A contractor shall repair and restore all damages to the City's streets and rights-of-way over which construction vehicles and equipment are transported. The maximum load permitted construction vehicles and equipment engaged in the work as described above shall be eight (8) tons.

During the construction, all streets which have been damaged by the operation of the construction equipment, trucking, blasting or the hauling of heavy loads shall be maintained in a good usable condition. Holes, trenches, etc., shall be filled with cold mix, satchurock or its equivalent. Streets which have been covered with dirt from the excavations shall be cleaned or shall be covered with crushed rock so that they are not muddy, slick or dangerous after a rain.

Culverts, headwalls, riprap in ditches and the roadside adjacent to the main traveled area of the street are to be replaced in as good or better condition. Specifically, culverts that are broken are to be replaced with new tile. Concreted headwalls are to be properly restored. The road is to be covered with four (4) inches of crushed rock before it is surfaced. All surplus rock is to be hauled to a dump approved by the City Engineer.

If a street has to be closed, signs notifying the public of the closing shall be placed at the place where the public may conveniently detour.

The City may give notice to the contractor of the condition of any street which has been damaged by construction work which the City Engineer or the Mayor believe is not being maintained in a good usable condition by the contractor. If the contractor has not repaired the street to a good condition within three (3) days after notice, the City may do this work and deduct the cost from the cash bond herein provided for.

A cash bond, in addition to the bond described in Subsection (A), shall be paid and deposited with the City Clerk prior to initiating and performing any work on sewer lines located in any street or right-of-way of the City. The amount of said cash bond shall be computed by adding the sum of two hundred fifty dollars ($250.00) for each street cutting or excavating, the sum of five dollars ($5.00) for each running foot of a cutting or excavation of the first (1st) one hundred (100) feet on any street or right-of-way and two dollars ($2.00) for each running foot of a cutting or excavation over one hundred (100) feet on any street or right-of-way.

The contractor shall restore the streets and rights of way of the City to their previous condition or better to the written satisfaction of the City. The cash bond described in Subsection (D)(5) shall remain deposited with the City for a period of one (1) year after the actual completion by the contractor of the entire project and the acceptance of the work of the contractor by every property owner abutting said streets or rights-of-way.

If during said year the aforementioned repairs and restoration by the contractor are found to be unsatisfactory to the City, it may give the contractor written notice of such deficiencies. If after thirty (30) days the contractor has not made satisfactory repairs, the City may forfeit any cash bond of the contractor deposited pursuant to Subsections (A) or (D). After such forfeiture, the City may use the money from said bond to do the work required to repair and restore the real and personal property of the City and its property owners. The balance of the money from such forfeited bonds after the City completes its work, if any, shall be returned to the contractor at the end of the said year period.

Each day's violation of any provisions of this Section shall constitute a separate offense. The City may proceed to enjoin any work from going forward in violation of this Section in addition to any and all other remedies which the City may have.