[R.O. 2007 § 545.010; Ord. No. 3115 § 3, 9-23-1999; Ord. No. 3469 § 1, 6-28-2001]
For the purpose of this Chapter,
the following terms, phrases, words and abbreviations shall have the
meanings given herein, unless otherwise expressly stated. When not
inconsistent with the context, words used in the present tense include
the future tense and vice versa, words in the plural number include
the singular number and vice versa, and the masculine gender include
the feminine gender and vice versa. The words "shall" and "will" are
mandatory, and "may" is permissive. Unless otherwise expressly stated
or clearly contrary to the context, terms, phrases, words and abbreviations
not defined herein shall be given the meaning set forth in the City
Code, and if not defined therein, their common and ordinary meaning.
For further convenience, the first letter of terms, phrases, words
and abbreviations defined in this Chapter have been capitalized, but
an inadvertent failure to capitalize such letter shall not affect
its meaning, nor shall the inadvertent capitalization of the first
letter of a term, phrase, word or abbreviation not defined herein
affect the meanings thereof.
The specific person applying for and receiving a permit for
facilities work.
That form designed by the City of St. Peters, which an applicant
must use to obtain a permit to conduct facilities work within, across,
under and over the City's rights-of-way.
The Governing Body of the City of St. Peters, Missouri.
The acceptance and review of one (1) application with multiple
projects to be conducted within a calendar year.
The City of St. Peters, Missouri, and its agencies, departments,
agents and employees acting within their respective areas of authority.
The City Administrator or his/her designee.
The City Engineer or his/her designee.
Any pavement for streets, sidewalks, alleys, paths; any curbs,
gutters, drainage structures, storm sewers, swales, ditches, sanitary
sewers, manholes, water mains, water service lines, water meters,
valves, street lights, conduits, traffic signals, cables, conduits,
panels, irrigation systems, bridges, culverts or signs in which the
City holds a property interest.
Any person contracting with a facilities owner or permit
holder to do work within the public right-of-way.
A condition that:
Any act by which earth, asphalt, concrete, sand, gravel,
rock or any other material in or on the ground is cut into, dug, tunneled,
uncovered, directional bored, removed or otherwise displaced by means
of any tools, equipment or explosives, except that, any de minimis
displacement or movement of ground caused by pedestrian or vehicular
traffic which does not materially disturb or displace surface conditions
of the earth, asphalt, concrete, sand, gravel, rock or any other material
in or on the ground shall not be deemed excavation.
Any conduit, valves, meters, duct, line, pipe, wire, hose,
manhole, pullbox, fiber optic cable, cable, culvert, pole, receiver,
transmitter, satellite dish, micro cell, Pico cell, repeater, amplifier
or other device, material, apparatus or medium usable (whether actually
used for such purpose or not) for the transmission or distribution
of any service or commodity installed below or above ground within
the public rights-of-way of the City, whether used privately or made
available to the public.
A person who owns, lease or otherwise controls the use of
facilities.
The installation of new facilities or any change, replacement,
relocation, removal, alteration or repair of existing facilities that
requires excavation, excluding exploratory excavation to physically
locate facilities, within the public rights-of-way, except for the
occasional replacement of utility poles and related equipment at the
existing location that does not involve excavation.
Individual water and sewer taps permitted as part of a building
permit, and individual service connections from a supply line, wire
or cable for natural gas, electric, cable television, telecommunications,
or other services to a residence or business.
8:30 A.M. to 5:00 P.M. Central Standard Time, Monday through
Friday.
A permit granted by the City to do facilities work within
the public rights-of-way.
Any person to whom a permit has been granted by the City
under this Chapter.
An individual, partnership, limited liability company, corporation,
association, joint stock company, trust, organization or any other
entity, or any lawful successor thereto or transferee thereof.
The status of a person that has not complied with the conditions
of this Chapter.
One (1) year from the date that a person has been notified
in writing that they have been put on probation.
A written plan of work prepared and presented to the City
by an applicant that encompasses an outlined scope of work to be conducted
within the public rights-of-way. A project could be one (1) or more
separate excavations, constructions or installations within the public
right-of-way, but included as part of a single plan.
The surface, the air space above the surface, and the area
below the surface of any street, highway, lane, path, alley, sidewalk,
boulevard, drive, bridge, tunnel, parkway, easement or other similar
property in which the City now or hereafter holds any property interest.
No reference herein, or in any permit, to public rights-of-way shall
be deemed to be a representation or warranty by the City that its
interest or other right to control the use of such property is sufficient
to permit its use for such purposes. Public rights-of-way do not include
the airwaves above the rights-of-way with regard to cellular or other
non-wire telecommunications or broadcast services, or private easements
in platted subdivisions or tracts not dedicated to public use.
An outline prepared and presented by a facilities owner describing
all of its proposed facilities work which may affect public rights-of-way
for the following twelve (12) month period.
[R.O. 2007 § 545.020; Ord. No. 3115 § 4, 9-23-1999; Ord. No. 3469 § 1, 6-28-2001]
A.
Permit Requirements. Any person desiring to conduct facilities work within public rights-of-way must first apply for and obtain a permit, in addition to any other building permit, municipal tree and landscape ordinance permit, license, easement or authorization required by law, unless such facilities work must be performed on an emergency basis as set forth in Section 545.020(B)(1). A permit shall be obtained for each project.
B.
Facilities Work Done Without A Permit.
1.
Emergency Situations.
a.
Each person performing facilities
work on an emergency basis shall immediately notify the City if performed
during normal business hours, and the City of St. Peters Police Department
if performed outside of normal business hours, of the location of
the work and shall apply for the required permit by the next business
day following the commencement of the facilities work, and fulfill
the rest of the requirements necessary to bring itself into compliance
with this Chapter.
b.
In the event that the City becomes
aware of an emergency requiring facilities work, the City shall attempt
to contact a representative of each facility owner affected, or potentially
affected, by the emergency. If no response is received by a particular
facilities owner to whom contact is attempted, the City Engineer may
take whatever action he/she deems necessary in order to respond to
the emergency, the cost of which shall be borne by the person whose
action or inaction occasioned the emergency.
2.
Except in the case of an emergency,
any person who, without first having obtained the necessary permit,
performs facilities work or excavation in a public right-of-way, in
addition to any other penalties provided for the violation of ordinances
of this City, must subsequently obtain a permit, pay double the normal
fees for said permit, deposit with the City all monies necessary to
repair any damage caused by the unauthorized facilities work or excavation
to the public right-of-way, and comply with all of the requirements
of this Chapter and other City ordinances.
C.
Permit Applications.
1.
All applications for permits shall
be submitted to the City Engineer. The City Engineer shall design
and make available standard forms for such application, requiring
such information as the City Engineer determines to be necessary,
in order to be consistent with the provisions of this Chapter and
to accomplish the purposes of this Chapter.
2.
As a minimum, the application should
have the following information:
a.
The names, addresses, telephone numbers
and legal status of the applicant, contractor and facilities owner.
b.
The name, address and telephone number
of a responsible person whom the City may notify or contact at any
time concerning the applicant's facilities work in or on the public
rights-of-way.
c.
An engineering site plan showing
the proposed location of the facilities work including manholes or
overhead poles; the length, size, type and proposed depth of any conduit
or any other enclosures; and the relationship of the facilities to
all existing streets; length of public rights-of-way; the number of
road crossings; the number of entrance drive crossings; the locations
of City-owned facilities in the proximity, if known, and the dimensions
and character of any cut or excavation, and the number of square feet
to be resurfaced.
d.
Each application should include the
projected commencement and termination dates of the facilities work
or, if such dates are unknown at the time the permit is issued, a
provision requiring the permit holder to provide the City Engineer
with reasonable advance notice of such dates once they are determined.
e.
As applicable, information sufficient
for the City to determine that the applicant has applied for and received
any permit, operation license or other right or approvals required
by the Federal Communications Commission or the Missouri Public Service
Commission; provided however, that after the applicant has once provided
the foregoing information, such information can be incorporated by
reference in future applications that require such information rather
than having to provide such information with every subsequent application.
f.
Certificates of insurance as required
by the City.
g.
Any additional information that the
City Engineer may require which may include such conditions and requirements
as are reasonably necessary to protect structures and facilities in
the public rights-of-way from damage and for the proper restoration
of such public rights-of-way, structures and facilities, and for the
protection of the public and the continuity of pedestrian and vehicular
traffic.
3.
The City Engineer's review and approval
of the application for permit does not relieve the applicant of responsibility
for:
4.
The making and repairing of individual service connections in the public right-of-way shall require a separate permit if permitted as part of a building permit issued by the City. All repairs to the public right-of-way made as a result of individual service connections shall be in accordance with Section 545.020 of this Chapter and the City of St. Peters, Missouri, Technical Specifications for Facilities Work in Public Right-of-Way, which is on file in the City offices.
5.
Upon approval of such application,
and prior to commencement of facilities work, payment of fees as designated
in this Chapter shall be paid to the City.
6.
The City Engineer shall review each application for a permit and, upon determining that the applicant has all requisite authority to perform the desired facilities work, and that the applicant has submitted all necessary information and has paid the appropriate fee, shall issue the permit, except as provided in Subsections (D)(1) and (D)(2) hereof. In order to avoid excessive processing and accounting costs to either the City or the applicant, the City Engineer shall have the authority to establish procedures for bulk processing of applications and periodic payment of fees.
7.
It is the intention of the City that
disruption of the public rights-of-way should be minimized. Upon receipt
of an application for a permit, the City Engineer shall do the following:
a.
Evaluate the degree of excavation necessary to perform the facilities work in the public rights-of-way and determine whether the proposed excavation will be more than minor in nature. The City Engineer shall grant a permit within ten (10) business days for facilities work deemed minor in nature. If the applicant can show to the City Engineer's reasonable satisfaction that the facilities work involves time sensitive maintenance, then the City Engineer shall grant the permit within two (2) business days. In either instance if the permit is not issued in ten (10) business days, the aggrieved party may appeal to the City Administrator as provided in Subsection (E) of this Section 545.020, unless the applicant is submitting one (1) project application for multiple excavations, construction or installations; and
b.
For circumstances where the City Engineer determines that there will be significant facilities work of the public rights-of-way and no exemption under Subsection (C)(7)(a) or any other provisions of this Subsection applies, the City Engineer may, consistent with the time requirements set forth in Subsection (C)(7) and in the permit, direct permit holders performing facilities work in the same area to consult on how they may schedule and coordinate their work to accomplish the goal of this Section.
8.
An applicant receiving a permit shall
promptly notify the City Engineer of any changes in the information
submitted in this application.
9.
Each permit shall be valid for the
number of days stipulated on the permit. Permit holders may request
an extension on the permit time restriction in writing to the City
Engineer. If the time limit on the permit expires without approval
of an extension, the permit shall be considered terminated.
10.
The City Engineer shall maintain
an index of all applicants who have been granted permits and their
contact person.
11.
An applicant whose permit application
has been withdrawn, abandoned or denied for failure to comply with
the terms and provisions of this Chapter shall not be refunded the
application fee.
D.
Denial Of Permits.
1.
Mandatory Denial. Except in the case
of an emergency, the City Engineer shall deny an application for permit
in the following events:
a.
Facilities work is sought which requires
excavation of any portion of the paved public right-of-way which was
constructed or reconstructed in the preceding five (5) years, or as
determined by the City Engineer.
b.
The applicant, contractor or facilities
owner owes undisputed past due fees from prior permits.
c.
The applicant, contractor or facilities
owner has failed to return the public right-of-way to its previous
and acceptable condition under previous permits.
d.
The facilities work will cause undue
disruption to existing or planned utilities, transportation, public
or City use.
e.
The facilities work area is environmentally
sensitive as defined by State or Federal Statute.
f.
Applicant's failure to provide required
information.
g.
Applicant's failure to provide City
with required schedule, provided however, that the failure of an applicant
to include in the schedule construction activities which were not
anticipated at the time of submitting the schedule will not constitute
grounds for denial of permit.
h.
Failure of applicant to list the
project in the schedule, provided however, that the failure of an
applicant to include in the schedule construction activities which
were not anticipated at the time of submitting the schedule will not
constitute grounds for denial of permit.
i.
The applicant is in violation of
the provisions of this Chapter.
j.
Location of proposed facilities work
would impede maintenance of existing facilities.
k.
Failure to pay for damages caused
to any City facilities from prior facilities work by the applicant
or facilities owner.
2.
Permissive Denial. The City Engineer
may deny a permit in order to protect the public health, safety and
welfare, and to prevent interference with the convenience of ordinary
travel over the public right-of-way and to its users. The City Engineer
in his/her discretion may consider one (1) or more of the following
factors:
a.
The extent to which public right-of-way
where the permit is sought is available;
b.
The competing demands for the particular
location in the right-of-way;
c.
The availability of other locations
in the right-of-way or in other rights-of-way for the facilities of
the applicant;
d.
The degree of current compliance
of the applicant with the terms and conditions of its franchise and
other applicable ordinances and regulations;
e.
The condition and age of the public
right-of-way, and whether and when it is scheduled for total or partial
reconstruction;
f.
The balancing of the costs of disruption
to the traveling public and damage to the public right-of-way against
the benefits to that part of the public served by the expansion into
additional parts of the public right-of-way;
g.
Destruction of public or private
plant material; and
E.
Appeal Procedure. Applicant may appeal
any final decision of the City Engineer to the City Administrator,
which appeal shall be acted upon by the City Administrator within
ten (10) business days; and if denied by the City Administrator, the
applicant may then appeal to any final decision to the Board of Aldermen,
who shall consider the appeal within thirty (30) days or at the next
regular scheduled Board of Aldermen meeting.
F.
Applicable Fees.
1.
Any fees collected pursuant to this
Section will be used only to reimburse the City for its actual costs
incurred in managing the public rights-of-way and will not be used
to generate revenue to the City above such costs, excluding legal
fees relating to the interpretation or enforcement of this Chapter,
including all appeals.
2.
Permit fee for excavation shall be
the same as the excavation permit fees currently set out in Appendix
A to this Title V.
3.
Fees for private connections for
water and sewer service shall be in conformance with the City's water
and sewer ordinances.
4.
All permit fees shall be doubled
during a probationary period.
6.
A permit is required for excavation
near gas and hazardous liquid pipelines. There is no fee for this
permit.
G.
Revocation Of Permits.
1.
Permits issued pursuant to this Chapter
are a privilege and not a right. The City reserves its right, as provided
herein, to revoke any permit, without fee refund, in the event of
a violation of the terms and provisions of any applicable Statute,
ordinance, rule or regulation, or any condition of the permit. A violation
of a permit holder shall include, but shall not be limited to, the
following:
a.
The violation of any material provision
of the permit;
b.
An evasion or attempt to evade any
material provision of the permit, or the perpetration or attempt to
perpetrate any fraud or deceit upon the City with respect to the permit;
c.
Any material misrepresentation of
fact in the application for a permit;
d.
The failure to maintain the required
bonds and/or insurance;
e.
The failure to complete the facilities
work in a timely manner; or
f.
The failure to correct or comply with a condition indicated on an order issued pursuant to Section 545.020(B) hereof.
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If the City Engineer determines that
the permit holder has committed a violation of any term or condition
of any Statute, ordinance, rule, regulation or any condition of the
permit, the City Engineer shall make a written demand upon the permit
holder to remedy such violation. The demand shall state that continued
violation may be cause for revocation of the permit and for the imposition
of other penalties as provided for by law. Further, a violation shall
allow the City Engineer, at his/her discretion, to place additional
or revised conditions in the permit.
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2.
Within three (3) business days of
receiving notification of a violation, the permit holder shall contact
in writing the City Engineer with a plan, acceptable to the City Engineer,
for its correction. Permit holder's failure to so contact the City
Engineer, or the permit holder's failure to submit an acceptable plan,
or permit holder's failure to reasonably implement the approved plan
shall be cause for immediate revocation of the permit. In addition
to all other penalties provided for herein, permit holder's failure
to so contact the City Engineer, or the permit holder's failure to
submit an acceptable plan, or permit holder's failure to reasonably
implement the approved plan shall automatically place the permit holder
on probation for one (1) full year.
3.
If permit holder, while on probation,
commits a violation as outlined above, permit holder's permit will
automatically be revoked and permit holder will not be allowed further
permits for one (1) full year thereafter, except for emergency repairs.
Applicant may repeal any such revocation to the City Administrator.
The City Administrator may rescind revocation of a permit upon payment
of a fee as stated in Appendix A of this Title.
4.
If the permit is revoked, the permit
holder shall also reimburse the City for the City's reasonable costs,
including restoration costs and costs of collection incurred in connection
with such revocation.
H.
Coordination Of Construction Activities.
All permit holders are required to cooperate with the City and with
each other as follows:
1.
By January 15 of each year, each
permit holder shall provide the City Engineer with a schedule of its
proposed construction activities, which may affect the public rights-of-way
for the ensuing twelve (12) months. Failure to provide a schedule
on a timely basis may be considered in denial of a permit for the
ensuing twelve (12) months.
2.
Each permit holder shall meet with
the City Engineer and other permit holders, either quarterly or as
determined by the City Engineer, to schedule and coordinate facilities
work.
[R.O. 2007 § 545.030; Ord. No. 3115 § 5, 9-23-1999; Ord. No. 3469 § 1, 6-28-2001]
A.
Oversight Of Facilities Work.
1.
Permit holders shall comply with
all City Codes and ordinances.
2.
The permit holder shall at all times
conduct operations and perform the facilities work in a manner that
will ensure the least possible obstruction to traffic, as outlined
in and in accordance with the Manual of Uniform Traffic Control Devices.
The permit holder shall provide temporary facilities where and when
necessary to conveniently serve pedestrian travel over or through
obstructions at public walkways and at locations designated in their
application.
3.
The permit holder shall give all
emergency service providers as well as the City of St. Peters Public
Works Services Group three (3) working days' notice to arrange for
routing of emergency vehicles before streets are closed to traffic.
Access to fire hydrants shall not be obstructed without approval of
the City Engineer and local Fire Chief.
4.
Unless for an emergency, no person
shall make paving cuts or curb cuts except after receiving approval
of a permit therefor.
5.
Facilities work shall be subject
to periodic inspection by the City. All excavation, alignment, depth,
compaction and backfill materials shall be subject to inspection by
the City. Such inspection, however, shall not relieve the permit holder
from any obligation to perform all of the facilities work strictly
in accordance with requirements of the plans and technical specifications
submitted with the application.
B.
Inspections And Final Acceptance.
1.
Approval of the facilities work,
as provided for herein, shall not relieve the permit holder of any
financial liabilities imposed on the permit holder, nor shall it constitute
final acceptance for maintenance by the City of the facilities work.
Final acceptance of the facilities work will not be made until one
(1) calendar year after completion of the facilities work and its
reinspection to confirm its continued compliance with the plans and
technical specifications submitted with the application.
2.
Within five (5) days following notification
from the permit holder that all facilities work has been completed,
the City Engineer will make an inspection of the entire facilities
work site. If any work is found to be unsatisfactory or incomplete,
instructions for correction will be issued and another inspection
will be made after the City Engineer receives notice that the corrections
have been carried out. Before final acceptance of the completed facilities
work, the permit holder shall remove all surplus and discarded materials,
equipment, rubbish and temporary structures.
C.
Unacceptable And Unauthorized Work.
1.
The City Engineer shall have full
access to all portions of facilities work and may issue stop work
orders and corrective orders to prevent unauthorized work. Such corrective
or stop work orders shall state that work not authorized by the permit
is being carried out, summarize the unauthorized work and provide
a period of not longer than thirty (30) days to cure the problem unless
a time extension is approved by the City Engineer, which cure period
may be shortened if certain activities must be ceased to protect the
public safety, and may be delivered personally or by certified mail
to the address listed on the application for permit or to the person
in charge of the facilities work site at the time of delivery. Such
orders may be enforced by equitable action in the Circuit Court of
St. Charles County, Missouri, and if the City prevails in such case,
the person involved in the facilities work, by acceptance of the permit,
agrees to be liable for all costs and expenses incurred by the City,
including reasonable attorney's fees, in enforcing such order, in
addition to any and all penalties established in this Chapter.
2.
Any person who engages in facilities
work in the public rights-of-way and who has not received a valid
permit from the City shall be subject to all penalties provided in
this Chapter. Except in those instances where facilities work must
be performed on an emergency basis, the City may, in its discretion,
at any time until a permit is secured, order the facilities work ceased
and do any of the following:
a.
Require such person to apply for
a permit within thirty (30) days of receipt of a written notice from
the City that a permit is required;
b.
Require such person to remove its
property and restore the affected public right-of-way to a condition
satisfactory to the City; or
c.
Take any other action it is entitled
to take under applicable law, including, but not limited to, filing
for and seeking damages for trespass.
3.
Records. Facility owners that maintain
more than one thousand (1,000) lineal feet of facilities within the
public right-of-way shall keep complete and accurate maps and records
of the location of their facilities and shall, within twelve (12)
months of the passage of this Chapter, file with the City Engineer
a current base map of those portions of their systems which lie within,
run through, or over public rights-of-way. Base maps furnished to
the City Engineer shall show the location of facilities and their
relationship to existing streets or public rights-of-way. Base map
updates shall be provided to the City Engineer annually by January
15. Applicants shall submit updated plans to the City Engineer for
approval whenever a project involves new construction or the excavation
of public rights-of-way. Such maps are intended to be proprietary
to the owners of the facilities and not owned by the City, but are
provided for the internal use by the City. The City, to the extent
permitted by law, will not provide such maps to third parties.
4.
Assignment Of Permit. The rights
granted by a permit inure to the benefit of applicant. The rights
shall not be assigned, transferred, sold or disposed of, in whole
or in part, by voluntary sale, merger, consolidation or otherwise
by force or involuntary sale without the prior, express written consent
of the City. Any such consent shall not be withheld unreasonably and
shall not be required for assignment to entities that control, are
controlled by, or are under common control with applicant.
5.
Termination Of Permit And Removal
Of Installations. Upon termination of a permit, the City may order
the removal of any of the applicant's facilities work performed under
the permit, and if applicant should refuse, the City may remove such
work at applicant's expense.
D.
Construction Standards.
1.
The construction, operation, maintenance,
and repair of facilities shall be in accordance with all applicable
ordinances.
2.
All facilities shall be installed
and located with due regard for minimizing interference with the rights
of the public, including the City and other users of the public rights-of-way.
3.
All new facilities shall be constructed
underground except for facilities that are required to be located
above ground and except in areas that have been designated as overhead
corridors by the City Engineer. In cases where facilities will be
placed underground, the permit holder shall give to all facility owners
registered hereunder reasonable written advance notice of the particular
date on which open trenching will be available for installation of
facilities.
4.
Existing underground conduits or
overhead facilities shall be used whenever feasible and permitted
by the owner thereof. No person may erect new poles or similar structures
within the public right-of-way without the prior, express written
consent of the City Engineer.
5.
Applicant shall not place facilities
where they will damage or interfere with the use or operation of previously
installed facilities, or obstruct or hinder the various utilities
serving the residents and businesses in the City or their use of any
public rights-of-way.
6.
The permit holder shall be responsible
to inform the City Engineer of any damage to City property. The permit
holder shall be responsible to inform any other facilities owner of
possible damage to their facilities. The permit holder is fully responsible
for reimbursing the facilities owners for damages caused by the permit
holder's work to facilities whose existence and approximate locations
were known or should have been known before the damage was done. Nothing
in this Chapter shall make the permit holder liable for damage to
facilities located below the ground surface, in the absence of negligence,
if the facility owner, after reasonable notice from the permit holder,
fails to advise the permit holder of its location and approximate
depth below the ground surface.
7.
In the discretion of the City Engineer,
prior to directional boring critical existing City facilities shall
be located by digging a hole large enough to visually inspect the
facilities at proposed crossing locations. To prevent damage to existing
facilities, the boring operation shall be visually monitored during
the placement of new facilities.
8.
Any and all public rights-of-way
or facilities disturbed or damaged during the facilities work shall
be promptly repaired or replaced, or caused to be promptly repaired
or replaced, to its previous condition by the permit holder or, at
the City Engineer's discretion, by the City, at the permit holder's
expense.
9.
Any contractor or subcontractor used
for facilities work must be properly licensed under laws of the State
of Missouri and all applicable local ordinances, and each contractor
or subcontractor shall have the same obligations with respect to its
work as a permit holder would have hereunder and shall be responsible
for ensuring that the work of contractors and subcontractors is performed
consistent with its permits and applicable law, shall be fully responsible
for promptly correcting acts or omissions by any contractor or subcontractor.
10.
Additional requirements concerning
the restoration and maintenance of the public rights-of-way during
and after construction of the facilities work is included in the City
of St. Peters, Missouri, Technical Specifications for Facilities Work
in Public Right-of-Way, which is on file in the City offices.
[R.O. 2007 § 545.040; Ord. No. 3115 § 6, 9-23-1999; Ord. No. 3469 § 1, 6-28-2001; Ord. No. 3667 § 1, 7-11-2002]
A.
Performance Bond.
1.
Prior to any facilities work in the
public rights-of-way, a permit holder shall establish in the City's
favor a performance bond or letter of credit in an amount determined
by the City Engineer as necessary to ensure the permit holder's faithful
performance of the facilities work. Differences in bond requirements,
including provisions for self-insurance or provisions for a single
continuing bond where facilities work is conducted by the same applicant
under numerous permits, may be established by regulation based on
the extent or nature of the facilities work and the past performance
of the applicant. In lieu of a performance bond, permit holder may
provide an acceptable letter of credit with the approval of the City
Engineer.
a.
Five hundred dollars ($500.00) cash
shall be deposited with the City for each permitted instance of facilities
work occurring behind the curb.
b.
One thousand five hundred dollars
($1,500.00) cash deposit or performance bond shall be established
for each permitted instance of facilities work occurring in or under
street pavement.
c.
All facilities owners with permitted facilities work occurring in the City of St. Peters public right-of-way, except those owners meeting the requirements of Section 67.1830(6)(a), RSMo., shall establish a fifty thousand dollar ($50,000.00) "blanket" performance bond, renewable annually, in lieu of the requirement of Subsections (A)(1)(a) and (A)(1)(b) of this Section 545.040.
2.
In the event an applicant fails to
complete the facilities work in a safe, timely and competent manner,
there shall be recoverable, jointly and severally from the principal
and surety of the bond, any damage or loss suffered by the City as
a result, plus a reasonable allowance for attorney's fees, up to the
full amount of the bond or letter of credit.
3.
Upon completion of the facilities
work to the satisfaction of the City Engineer, the City Engineer shall
eliminate the bond or reduce its amount after a time appropriate to
determine whether the work performance was satisfactory, which time
shall be established by the City Engineer considering the nature of
the work performed.
4.
A performance bond shall be issued
by a surety acceptable to the City and shall contain the following
endorsement:
"This bond may not be canceled or
allowed to lapse until sixty (60) days after receipt by the City,
by certified mail, return receipt requested, of a written notice from
the issuer of the bond of intent to cancel or not to renew."
5.
In the event that an excavation is
not refilled within a reasonable time after it is ready for refilling,
the City Engineer shall notify the permit holder making the excavation
that if such excavation is not filled within four (4) days, it shall
be filled by the City. The charge for the cost of such work shall
be paid by the permit holder within ten (10) days after completed
and no additional permit shall be issued to that person after that
time, unless such charge has been paid.
6.
In the event that the applicant fails
to backfill, repair or repave any excavations made within the public
rights-of-way, the City Engineer, at his/her discretion, shall repair
said cut with City employees or contract the repair to be made and
charge the applicant for the full contract cost of repair. If the
City makes the repair with City employees, the charges shall be based
on the unit price paid on the most recent street improvement or pavement
repair contract entered into by the City.
B.
Cost Recovery. In the event the City incurs
additional costs as a direct result of an unauthorized action or an
inaction by any person and/or facilities owner, the City shall have
the right to recover from that owner or person any and all documentable
costs incurred including, but not limited to, the identification of
undocumented facilities, completion of improper facilities work, long-term
structural damage, construction delay fees and penalties, fees paid
to other agencies and any other documentable costs incurred by the
City within the public rights-of-way.
C.
Penalties. For each violation of provisions
of this Chapter, or a permit granted pursuant to this Chapter as to
which the City has given notice to applicant as provided in this Chapter,
penalties may be chargeable to the applicant at a rate not exceeding
five hundred dollars ($500.00) per day for so long as the violation
continues.
[R.O. 2007 § 545.050; Ord. No. 3115 § 7, 9-23-1999; Ord. No. 3469 § 1, 6-28-2001]
Whenever, by reason of present or
future City use of public right-of-way, a public improvement is undertaken
by the City, or changes in the grade or widening of a street or in
the location or manner of constructing a water pipe, drainage channel,
sewer or other City-owned underground or above ground structure is
made, and it is deemed necessary by the City to move, alter, change,
adapt or conform the underground or above ground facilities of a facilities
owner, the facilities owner shall make the alterations or changes,
on alternative rights-of-way provided by the City, if available, as
soon as practicable after being so ordered in writing by the City
at the facility owner's expense without claim for reimbursement or
damages against the City. Failure to promptly comply with such written
order shall be deemed unlawful. The City will endeavor to minimize
the interference with previously installed facilities when conducting
its own facilities work.
[R.O. 2007 § 545.060; Ord. No. 3115 § 8, 9-23-1999; Ord. No. 3469 § 1, 6-28-2001]
A.
A facilities owner who has determined to
discontinue its use of certain facilities in the City must either:
1.
Provide information satisfactory
to the City Engineer that the facilities owner's obligations for its
facilities in the right-of-way under this Chapter have been lawfully
assumed by another facilities owner; or
2.
Submit to the City Engineer a proposal
and instruments for transferring ownership of its facilities to the
City Engineer. If a facilities owner proceeds under this clause, the
City may, at its option:
B.
Facilities of a facilities owner who fails to comply with Section 545.060(A) and which, for two (2) years, remains unused shall be deemed to be abandoned. Abandoned facilities are deemed to be a nuisance. The City may exercise any remedies or rights it has at law and in equity including, but to limited to:
C.
Any facilities owner who has unused facilities
in any right-of-way shall remove the facilities from that right-of-way
during the next scheduled excavation, unless this requirement is waived
by the City Engineer.
[R.O. 2007 § 545.070; Ord. No. 3115 § 9, 9-23-1999; Ord. No. 3469 § 1, 6-28-2001]
A.
Indemnification And Minimum Limits Of Insurance.
Permit holder and its contractor shall maintain limits no less than
those outlined in the City of St. Peters, Missouri, Technical Specifications
for Facilities Work in Public Right-of-Way, which is on file in the
City offices.
B.
Compliance With Laws. Each applicant shall
comply with all applicable Federal and State laws as well as City
ordinances, resolutions, rules and regulations heretofore and hereafter
adopted or established.
C.
Applicant Subject To Other Laws, Police
Power.
1.
An applicant shall at all times be
subject to all lawful exercise of the Police powers of the City including,
but not limited to, all powers regarding zoning, supervision of the
restoration of the right-of-way, and control of public rights-of-way.
2.
No action or omission of the City
shall operate as a future waiver of any rights of the City under this
Chapter.
3.
Except where rights are expressly
granted or waived by a permit, they are reserved, whether or not expressly
enumerated. This Chapter may be amended from time to time and in no
event shall this Chapter be considered a contract between the City
and an applicant such that the City would be prohibited from amending
any provision hereof.
D.
Future Uses. In placing any facility, or
allowing it to be placed in the public right-of-way, the City is not
liable for any damages caused thereby to a facility which is already
in place.
E.
Franchise Not Superseded. Nothing herein
shall be deemed to relieve an applicant or the City of the provisions
of an existing franchise, license or other agreement or permit.
F.
Rights And Remedies.
1.
The exercise of one (1) remedy under
this Chapter shall not foreclose use of another, nor shall the exercise
of a remedy or the payment of damages or penalties relieve an applicant
of its obligations to comply with its permits. Remedies may be used
alone or in combination; in addition, the City may exercise any rights
it has at law or equity.
2.
The City hereby reserves to itself
the right to intervene in any suit, action or proceeding involving
any provisions of this Chapter.
3.
No applicant shall be relieved of
its obligation to comply with any of the provisions of this Chapter
by reason of any failure of the City to enforce prompt compliance.
G.
Incorporation By Reference. Any permit
granted pursuant to this Chapter shall by implication include a provision
that shall incorporate by reference this Chapter into such permit
as fully as if copied therein verbatim.
H.
Force Majeure. An applicant shall not be
deemed in violation of provisions of this Chapter where performance
was rendered impossible by acts of God or the public enemy, epidemics,
war or riots, civil disturbances, quarantine restrictions, labor strikes,
freight embargoes, fires, floods, unusually severe weather or other
natural catastrophes beyond the applicant's control, and a permit
shall not be revoked or an applicant penalized for such non-compliance,
provided that the applicant takes immediate and diligent steps to
bring itself back into compliance and to comply as soon as possible
under the circumstances with its permit without unduly endangering
the health and safety of the applicant's employees or property, the
public, public rights-of-way, public property or private property.
I.
Calculation Of Time. Unless otherwise indicated,
when the performance or doing of any act, duty, matter or payment
is required under this Chapter or any permit, and a period of time
is prescribed and is fixed herein, the time shall be computed so as
to exclude the first and include the last day of the prescribed or
fixed period of time.
J.
Severability. If any Section, Subsection,
sentence, clause, phrase, term, condition or provision of this Chapter
shall, to any extent, be held to be invalid, unenforceable or unconstitutional
by any court or administrative agency of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision
and such holding shall not affect the validity of the remainder hereof
and shall be valid in all other respects and continue to be effective.
In the event of a subsequent change in applicable law so that the
provision that has been held invalid is no longer invalid, said provisions
shall thereupon return to full force and effect without further action
by the City and shall thereafter be binding on the applicant and the
City. If a permit, right or registration shall be considered a revocable
permit as provided herein, the permit holder must acknowledge the
authority of the Board of Aldermen to issue such revocable permit
and the power to revoke it. Nothing in these ordinances precludes
the City from requiring a franchise agreement with the applicant,
as allowed by law, in addition to requirements set forth herein.
K.
Technical Specifications Applicable To
City. Technical specifications outlined in the City of St. Peters,
Missouri, Technical Specifications for Facilities Work in Public Right-of-Way,
which is on file in the City offices shall be fully applicable to
work performance by the City and its departments. As a matter of public
policy, the City shall utilize the Missouri One-Call system to notify
registered facilities owners, prior to the City working in the public
rights-of-way.
L.
Eminent Domain. Nothing herein shall be
deemed or construed to impair or affect, in any way or to any extent,
any right the City may have to acquire the property of the applicant
through the exercise of the power of eminent domain.
M.
Annexation. The provisions of this Chapter
shall specifically apply to any lands or property annexed as of the
date of such annexation.
N.
Savings Clause. Nothing contained herein
shall in any manner be deemed or construed to alter, modify, supersede,
supplement or otherwise nullify any other ordinances of the City or
requirements thereof, whether or not relating to in any manner connected
with the subject written hereof, unless expressly provided otherwise
herein or hereafter.
