[Ord. No. 97-04 §§A —
E, 4-1-2004; Ord. No.
08-02 §§A — E, 4-25-2008]
A.
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.
B.
Areas Affected. All roads located in Cass County, Missouri.
C.
Requirements And Regulations.
1.
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:
a.
Asphalt — thirty thousand dollars ($30,000.00) per mile affected.
b.
Chip-n-seal — twenty thousand dollars ($20,000.00) per mile
affected.
c.
Gravel — five thousand dollars ($5,000.00) per mile affected.
d.
Bore — one thousand dollars ($1,000.00) for each job. All road
cuts must be bored.
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In some instances, i.e., large projects requiring many road
cuts, additional amounts of bond may be required.
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2.
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.
3.
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.
4.
Road and right-of-way are to be put back in as good or better condition
than it was before construction began.
a.
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.
b.
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.
c.
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.
d.
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.
D.
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]
E.
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.
