City of Weldon Spring, MO
St. Charles County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Ord. No. 08-04 §1, 3-11-2008]
As used in this Chapter, the following terms shall have these prescribed meanings:
An unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable and irresistible character, the effects of which could not have been prevented or avoided by the exercise of due care or foresight.
Weldon Spring, Missouri, the City Engineer or designees of the City Engineer.
The City Engineer or his/her designees.
A road constructed or maintained at the cost of the City or constructed with the aid of State funds or United States Government funds or any road included by authority of law in the City road system.
All contracts let for construction, reconstruction or improvement of City roads. The term "construction project" shall not include projects for road beautification, road irrigation and drainage projects, culvert installation or repair, sound wall installation, decorative lighting, landscaping or other projects not directly related to improving or routing road traffic. The term "construction project" shall also not include any project authorized by the City to accommodate any private development, including a shopping mall, stadium, office building or other private development.
Any person entering into a contract with the City for purposes of completing a construction project on a City road, including a subcontractor or supplier to such contractor.
Delays in the relocation work due to delays caused by the utility's customers including, but not limited to, delays in getting written or oral approvals from customers for permissible utility service cut-over dates.
The date utility owner interrupts utility service to a utility customer provided through an existing utility facility and switches the service over to a new utility facility serving the customer.
A business day or a period of consecutive business days consisting of every workday excluding Saturdays, Sundays and legal holidays.
A severe weather occurrence including, but not limited to, fire, flood, earthquake, tornado, wind, hurricane, storm, ice, abnormal rainfall, blizzard or extended periods of severe inclement weather.
The date established by the City for acceptance of bids by contractors.
A dated written transmittal sent to the addressee by regular or certified mail.
Routine work performed on City roads by employees of the County or contractors, including minor pavement and shoulder repairs, striping, grading, irrigation ditch clearing, street overlays and other work determined by the City not to conflict with public utilities.
Notice by the City to a contractor to proceed with the work on a contract awarded by the City.
The individual, firm, joint venture, partnership, corporation, association, cooperative, municipality, County, district, political subdivision, department, agency or any other institution owning or operating utility facilities.
Any plan for road construction projects demonstrating the need to design and conduct utility facility alterations or relocations due to the work.
The adjustment of utility facilities as the City or City Engineer may determine is necessary in connection with the construction of a City road. "Relocation" includes:
Removing and reinstalling the utility facility, including necessary temporary facilities;
Moving, rearranging or changing the type of existing utility facilities; and
Taking any necessary safety and protective measures.
A plan designed by the owner to carry out utility facility relocation work to accommodate a construction project on a City road.
Work which provides a new roadway surface for existing pavement on a City road, including minor base patching, intersection paving, shoulder work and guardrail work which is determined by the City not to conflict with public utilities.
A person contracting with an owner of a utility facility or a subcontractor to a person contracting with an owner of a utility facility for the alteration, relocation or installation of a utility facility in connection with a construction project on a City road.
Any underground facility as defined in Section 319.015, RSMo., and above ground facilities, including poles, lines, wires and appurtenances, for the purposes of electrical power, telephone, telegraph, fiber optic and cable television services and any other purpose for which above ground utility facilities may be located along City roads.
Construction and services required of the contractor by the contractor's contract with the City, including excavation as that term is defined in Section 319.015, RSMo.
[Ord. No. 08-04 §2, 3-11-2008]
At the earliest possible date in the design of a construction project on a City road, the City shall attempt to determine what utility facilities are located within the right-of-way of the planned construction project by researching permit files and reviewing maps files maintained by the City or County of St. Charles. The City shall also, as necessary, conduct field investigations and contact St. Charles County to identify any utility facilities within the right-of-way.
Within thirty (30) days of completion of the survey conducted under Subsection (A) of this Section, the City shall notify in writing, owners of each known facility that a construction project is planned that may conflict with their utility facility. The notification shall include the name or route number of the road, the geographical limits of the planned construction project, a general description of the work to be done including a preliminary plan, the desired date for completion of a relocation plan and the anticipated month and year a letting date could be set for the construction project.
The owner shall examine the notice and notify the City, in writing, of any utility facility not correctly described in the City's notice. Within sixty (60) days of receiving the notice required in Subsection (B) of this Section, the owner shall provide a written response to the City. The response shall describe and provide the general location of each utility facility of the owner by confirming the location shown in the City's notice or by providing additions or corrections.
[Ord. No. 08-04 §3, 3-11-2008]
Upon completion of the initial design of the construction project, the City shall provide at least one (1) set of project plans to each owner of any utility facility that is identified.
The project plans shall show those portions of the construction project upon which the owner's utility facilities are located and where the utility facilities of other owners are located in relation to work required for the project. The City shall also provide a description of any right-of-way still to be purchased and the anticipated letting date of the project. The project plan shall be accompanied by a complete set of plans including profile, cross section, drainage, signal, lighting, signing plans, temporary road plans that may affect utilities and other pertinent plan sheets. Upon request of the owner, the City shall provide any additional plan information needed by the owner to design and lay out the removal, relocation or adjustment of existing facilities and the placement of relocated or new utility facilities within the limits of the construction project.
Within thirty (30) days of receipt of the project plans, the utility owner shall develop a preliminary plan of adjustment and return the marked-up project plans to the City. The plan of adjustment shall include:
Verification that all utility facilities are shown;
The proposed location of adjusted utility facilities;
Any additional right-of-way requirements; and
Any other concerns.
When two (2) or more owners have facilities in the area encompassed by the construction project, the City shall schedule a utility coordination meeting as soon as possible but no longer that thirty (30) days from the date the project plans were mailed. The City Engineer and all owners are required to attend this meeting. If there is a conflict between two (2) owners which cannot be satisfactorily resolved by the owners, the City shall determine the most appropriate method to resolve the conflict between the two (2) owners and, in making such determination, shall weigh equally the length of time necessitated by each owner's proposal and the relative cost to each owner if the other's proposal is adopted. The City shall notify all utility owners involved with the project in writing of the City's acceptance or revisions to the utility plan of adjustment.
[Ord. No. 08-04 §4, 3-11-2008]
Within one hundred twenty (120) days of receiving written notice of approval of the utility plan of adjustment from the City, the owner shall provide the City with a relocation plan. The one hundred twenty (120) day clock stops after the relocation plan is submitted by the owner. If, after timely submission of the relocation plan by the owner, revisions or alterations are necessary for any reason, if the original relocation plan was incomplete due to information needed from other parties, the one hundred twenty (120) day clock begins to run again when the needed information is received back by the owner.
The relocation plan shall include a narrative description of work that will be done in relocating the owner's facilities and whether the work or a portion of the work must be coordinated with or is contingent upon work being performed by another utility facility owner or the contractor to the City. The relocation plan shall list, if applicable, any anticipated issues or problems related to the acquisition of right-of-way. The relocation plan shall, if applicable, detail the anticipated number of days to acquire additional easements not provided within the new road right-of-way. The relocation plan shall also give estimates as to the time needed to obtain any necessary customer approvals for cut-over dates, if necessary. The relocation plan shall state when the work will be started and the length of time in days estimated to complete the work. It is permissible for an owner to state in a relocation plan that the owner's work will be completed within a stated number of days from the date that a contractor or another owner completes certain identified work which interferes with the owner's work. The relocation plan shall identify any contingencies, if applicable, that may impact the anticipated start of relocation. The relocation plan is incomplete due to:
Other owners failing to coordinate their plans with the owner submitting the plan;
Other owners failing to provide information necessary to submit a complete relocation plan;
The City failing to provide any information required by Subsection (B) of Section 520.030; or
Any other reason explained in the plan regarding the circumstances and cause of the plan being incomplete.
The City shall review the relocation plan to ensure compatibility with permit requirements, the project plan and the anticipated letting date and notice to proceed for the project. If utility relocation is dependent upon or must be coordinated with work to be completed by the contractor, the relocation plan shall assure timely completion of the project. If the relocation plan is acceptable to the City, the City shall notify the owner in writing within thirty (30) days of receiving the plan. If the relocation plan submitted by the owner is not compatible, reasonable or does not allow timely completion of the project, the City shall advise the owner in writing as soon as practicable, but not later than thirty (30) days after receiving the relocation plan. The City shall specify which parts of the relocation plan it finds objectionable. The owner shall submit a revised relocation plan within thirty (30) calendar days after receipt of notice by the City that the relocation plan was not acceptable. The City shall review the revised relocation plan and if the relocation plan is still not acceptable, the City shall provide a relocation plan to the owner. The owner shall not be bound by the terms of the City's relocation plan if such relocation plan:
Requires the payment of overtime to employees to expedite the construction project;
Requires the owner to comply with a deadline which is not feasible due to factors outside the control of the owner.
[Ord. No. 08-04 §5, 3-11-2008]
The City shall have authority to require that any required notice, response or plan be submitted by mail or certified mail. Otherwise notices, plans and other statements in writing may be provided by mail, facsimile or electronic mail as long as the City's custodian of records is also notified in the same manner. The City may require that some form of proof of receipt be provided in regard to any notice, plan or other statement in writing.
Nothing in any of the Sections in this Chapter shall be construed to relieve a contractor from making notice of excavation as required by Sections 319.010 to 319.050, RSMo., of the Underground Facility Safety and Damage Prevention Act or complying with the requirements of Sections 319.075 to 319.090, RSMo., of the Overhead Power Line Safety Act.
[Ord. No. 08-04 §6, 3-11-2008]
If the owner of a utility facility fails to provide the responses or corrections to project plans as required in this Chapter, the City may recover from the owner damages in the amount of up to one hundred dollars ($100.00) per day for each day the required act is not completed.
If the owner fails to provide a relocation plan or fails to timely relocate utility facilities in accordance with the relocation plan as required in this Chapter, the City may recover from the owner damages in the amount of up to one thousand dollars ($1,000.00) per day for each day the required act is not completed.
The damages authorized by Subsections (A) and (B) of this Section may be recovered through actions brought by the City Attorney. An action to collect damages authorized under this Section shall be brought in a court of appropriate jurisdiction.
No damages or fines of any kind shall be assessed for delays that result from events beyond the reasonable control of the owner.
The removal and relocation of utility facilities shall be made at the expense of the owners unless otherwise provided by the City. If the owner fails to relocate the utility facilities in accordance with this Chapter, the utility facilities may be removed and relocated by the City or under its direction and the cost of relocating the utility facilities shall be collected from such owner.