[Ord. No. 97-04 §§A — E, 4-1-2004; Ord. No. 08-02 §§A — E, 4-25-2008]
Purpose. For the purpose of promoting the public health and safety and to insure that County funds are not used to correct damage to public property.
Areas Affected. All roads located in Cass County, Missouri.
Requirements And Regulations.
One major bond shall be posted with the County Clerk before any new construction involving County road right-of-way is begun. The bond required shall be as follows:
In advance of any new installation of cable, line or other service on County right-of-way, the utility agrees to notify the County Road and Bridge Superintendent of such and to furnish maps showing proposed construction, and road involved, at least forty-eight (48) hours in advance of proposed construction.
Repair of any problems that might arise on the road right-of-way which would cause damage to same should be reported to the Road and Bridge Superintendent before repairs start. Exception: Damage caused by an act of God or anything of an emergency nature may be repaired and then reported.
Road and right-of-way are to be put back in as good or better condition than it was before construction began.
Any cable, line or other service that is laid along the right-of-way must be buried on backslope or roadbanks at a depth of at least thirty (30) inches with the exception of installation in a ditch which must be at least thirty-six (36) inches deep. Prior approval of the Road and Bridge Superintendent is required before construction is started.
In the event the roadbanks, ditch or backslope is not in any way accessible, or right-of-way cannot be secured from the adjoining land owners, then by meeting certain requirements the service may be installed on the roadbed. Requirements are as follows:
Before construction starts, the Road and Bridge Superintendent will review each site where the utility proposed to use the roadbed to locate cable, line or other service. His decision in conjunction with representatives of the utility will determine the need to use roadbed.
These requirements supersede and replace any previous ones issued by Cass County Courts of Commissions regarding public utility projects of any nature involving Cass County roads.
Where new installation of cable, lines or other services are crossing the County road bed and where the road surface is either concrete, hot mix asphalt, cold mix asphalt or chip and seal coat, the boring method (thirty-six (36) inches beneath road surface) of crossing must be used.
A right-of-way construction permit shall be required prior to construction within County right-of-way (permit form on file in the County offices), provided, however, that political subdivisions shall not be required to post the bond as provided in Subsection (C)(1).
[Ord. No. 19-06, 8-29-2019]
Penalties. Any person violating any provision of this Section is guilty of a Class C misdemeanor and upon conviction shall be fined not more than one thousand dollars ($1,000.00) and/or sentenced to a term in the County Jail not to exceed fifteen (15) days.