Article I Underground Utilities — Installation Requirements
Article II Neighborhood Improvement Sewer District
[Ord. No. 63 §1, 3-31-1988]
Wherever used in this Article, these words or phrases shall have the following definitions:
- The City of Weldon Spring's Board of Aldermen.
- The Public Utilities Commission of the State.
- POLES, OVERHEAD WIRES AND ASSOCIATED STRUCTURES
- Poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located above ground within a district and used or useful in supplying electric, communication or similar or associated service.
- UNDERGROUND UTILITY DISTRICT or DISTRICT
- That area in the City within which poles, overhead wires and associated overhead structures are prohibited.
[Ord. No. 63 §2, 3-31-1988]
The Board may from time to time call public hearings to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service within designated areas of the City. The City Clerk shall notify all affected property owners and utilities concerned by mail of the time and place of such hearings at least ten (10) days prior to the date thereof. Each such hearing shall be open to the public and may be continued from time to time. At each such hearing all persons interested shall be given an opportunity to be heard. The decision of the Board shall be final and conclusive.
Such hearing shall be unnecessary in the case of a new subdivision which is to become an underground utility district.
[Ord. No. 63 §3, 3-31-1988]
If, after any such public hearing, the Board finds that the public necessity, health, safety or welfare requires such removal and such underground installation within a designated area, the Board shall, by ordinance, declare such designated area an Underground Utility District and order such removal and underground installation. Such ordinance shall include a description or a map of the area comprising such district and shall fix the time within which such removal and underground installation shall be accomplished and within which affected property owners must be ready to receive underground service. A reasonable time shall be allowed for such removal and for the installation of such underground facilities as may be occasioned thereby.
In the case of a new subdivision, the area shall become an Underground Utility District upon filing the final record plat with St. Charles Recorder of Deeds. Affected property owners must be ready to receive underground service and such removal and underground installation must be accomplished prior to the City accepting dedication of streets and approving other improvements in the subdivision.
[Ord. No. 63 §4, 3-31-1988]
Whenever the Board creates an Underground Utility District and orders the removal of poles, overhead wires and associated overhead structures therein as provided in Section 700.030, it shall be unlawful for any person or utility to erect, construct, maintain, continue, employ or operate poles, overhead wires and associated overhead structures in the district after the date when said overhead facilities are required to be removed by such ordinance, except as said overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service as provided in Section 700.090 hereof, and for such reasonable time required to remove said facilities after said work has been performed, and except as otherwise provided in this Chapter.
[Ord. No. 63 §5, 3-31-1988]
Notwithstanding the provisions of this Article, overhead facilities may be installed and maintained for a period not to exceed ten (10) days (without authority of the City Engineer) in order to provide emergency service. The City Engineer may grant special permission on such terms as he/she may deem appropriate, in cases of emergency or unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures.
[Ord. No. 63 §6, 3-31-1988]
This Article and any ordinance adopted pursuant to Section 700.030 hereof shall, unless otherwise provided in such ordinance, not apply to the following types of facilities:
Any municipal facilities or equipment installed under the supervision and to the satisfaction of the City Engineer.
Poles or lamps used exclusively for street lighting.
Overhead wires, exclusive of supporting structures, crossing through a district within which overhead wires have been prohibited when such wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited.
Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of thirty-four thousand five hundred (34,500) volts.
Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building or extending from the building to another building without crossing any public street.
Antennae, associated equipment and supporting structures used by a utility for furnishing communication services.
Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestal mounted terminal boxes and meter cabinets and concealed ducts.
Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction projects.
Overhead wires originating from outside the district which connect to buildings on the perimeter of such district, provided such overhead wires shall not cross any street within the district.
[Ord. No. 63 §7, 3-31-1988]
Within ten (10) days after the effective date of an ordinance adopted pursuant to Section 700.030 hereof, the City Clerk shall notify all affected utilities and all persons owning real property within the district created by said ordinance of the adoption thereof. Said Clerk shall further notify such affected property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication, or similar or associated service, they or such occupant shall provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the Commission.
[Ord. No. 63 §8, 3-31-1988]
If underground construction is necessary to provide utility service within a district created by any ordinance adopted pursuant to Section 700.030 hereof, the supplying utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the Commission; provided, that if any provision of any franchise agreement between the City and the supplying utility is in conflict with any provision of this Section, the provision of the franchise agreement shall prevail.
[Ord. No. 63 §9, 3-31-1988]
Every person owning, operating, leasing, occupying or renting a building or structure within a district shall cause to be constructed that portion of the service connection on his/her property between the facilities referred to in Section 700.080 and the termination facility on or within the building or structure being served, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the Commission.
In the event any person owning, operating, leasing, occupying or renting the property does not comply with the provisions of Subsection (A) of this Section within the time provided for by Section 700.070, the City Engineer shall post written notice on the property being served and thirty (30) days thereafter shall have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to the property.
[Ord. No. 63 §10, 3-31-1988]
The City shall remove at its own expense all City-owned equipment from all poles required to be removed under the provisions of this Article in ample time to enable the owner or user of such poles to remove the same within the time provided for by Section 700.030 hereof. Nothing in this Article shall preclude the City from providing assistance, either in money or in kind, to property owners who are required to comply with an ordinance established in Section 700.030 herein.
[Ord. No. 63 §11, 3-31-1988]
In the event that any act required by this Article or by an ordinance adopted pursuant to Section 700.030 hereof cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience or any other circumstances beyond the control of the actor, then the time within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation.
[Ord. No. 02-03 §§1 — 2, 1-24-2002]
Missouri Cities have the authority pursuant to Section 67.453 et seq., RSMo., 2000 to establish Neighborhood Improvement Districts for public purposes and to determine assessments for those improvements and also to provide for supplemental assessments which relate to the total cost of said improvements including the costs of collection in Section 67.467, RSMo., 2000.
The City of Weldon Spring, its agents and assigns, including City and Village Tax Office of Bridgeton, Missouri, is hereby authorized to assess two percent (2%) of balance due per month up to a total of eighteen percent (18%) per year.
In order to recover the costs of collection of its Neighborhood Improvement Sewer District assessments and late fees, the Board of Aldermen hereby authorizes the recovery of attorneys' fees and court costs to enforce the collection process, including, but not limited to, the filing of special tax liens and judicial foreclosure pursuant to Section 67.469, RSMo.
[Ord. No. 13-12 §3, 4-25-2013]