[R.O. 2004 § 520.010; 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:
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 aboveground 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
aboveground 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.
[R.O. 2004 § 520.020; Ord. No.
08-04 § 2, 3-11-2008]
A.Â
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.
B.Â
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.
C.Â
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.
[R.O. 2004 § 520.030; Ord. No.
08-04 § 3, 3-11-2008]
A.Â
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.
B.Â
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.
C.Â
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:
D.Â
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.
[R.O. 2004 § 520.040; Ord. No.
08-04 § 4, 3-11-2008]
A.Â
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 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 120-day
clock begins to run again when the needed information is received
back by the owner.
B.Â
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:
C.Â
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:
[R.O. 2004 § 520.050; Ord. No.
08-04 § 5, 3-11-2008]
A.Â
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.
B.Â
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.
[R.O. 2004 § 520.060; Ord. No.
08-04 § 6, 3-11-2008]
A.Â
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.
B.Â
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.
D.Â
No damages or fines of any kind shall be assessed for delays that
result from events beyond the reasonable control of the owner.
E.Â
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.
