§ 21-54. Facilities work.

(a)

Oversight of facilities work.

(1)

Applicants shall comply with, all city codes and ordinances.

(2)

Facilities work shall be subject to periodic inspection by the city.

(3)

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, which cure period may be immediate 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 construction site at the time of delivery. Such orders may be enforced by equitable action in the Circuit Court of Adair County, Missouri, and if the city prevails in such case, the person involved in the facilities work shall be liable for all costs and expenses incurred by the city, including reasonable attorney's fees, in enforcing such orders, in addition to any and all penalties established in this article.

(4)

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 requirements of this article. 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 area 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.

(5)

Records: Owners of facilities 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. Applicants that maintain more than one thousand (1,000) lineal feet of facilities within the public rights-of-way shall, within twelve (12) months of the passage of this article, file with the city engineer a current map of those portions of the owner's/franchisee's system which lie within the public rights-of-way. Maps furnished to the city engineer shall show the location of facilities, and their relationship to existing street or right-of-way. Map updates shall be provided to the city engineer at the time of payment of the annual excavation permit fee. The city shall indemnify the owners of facilities required to provide a map from any damages or harm caused by the improper use or distribution of the maps and/or records provided by the owners of the facilities, unless such damage or harm is caused by the owner of the facilities. Such maps are intended to be proprietary to the owners of the facilities and not owned by the city. The city, to the extent permitted by law, will not provide such maps to third parties.

(6)

Assignment of permit: The rights granted by this article 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 expressed 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.

(7)

Termination of permit and removal of installations: Should any applicant fail to abide by the terms of a permit, the city council may, after thirty (30) days' written notice of breach or default, and after a public hearing in which applicant has been afforded due process terminate a permit if applicant has failed to undertake reasonable steps to cure such default. Upon such termination, the city may order the removal of any of applicant's installations under this permit and if applicant should refuse, the city may remove such installations at applicant's expense.

(b)

Construction standards.

(1)

The construction, operation, maintenance, and repair of facilities shall be in accordance with applicable health, safety, and construction codes.

(2)

All facilities shall be installed and located with due regard for minimizing interference with the public, including the city and other owners of facilities of the rights-of-way.

(3)

Before initiating construction on city streets and public rights-of-way, applicant will make all reasonable efforts to use existing infrastructure for new facilities (i.e. existing poles and conduit, etc.). However an 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.

(4)

Any and all public rights-of-way disturbed or damaged during the facilities work shall be promptly repaired or replaced by the applicant to its previous condition.

(5)

Any contractor or subcontractor used for facilities work must be properly licensed under laws of the state and all applicable local ordinances, and each contractor or subcontractor shall have the same obligations with respect to its work as an applicant 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 all acts or omissions of contractors or subcontractors, and shall be responsible for promptly correcting acts or omissions by any contractor or subcontractor.

(6)

Additional requirements concerning the restoration and maintenance of the public right-of-way during and after construction of the facilities work is included in Appendix A.

(7)

The technical specifications, as fully set forth herein as Appendix A, may be amended by the city engineer, as deemed necessary to insure conformance with the most recent technical specifications and standard plans as maintained by the city engineer. The city engineer shall notify facility owners and contractors of proposed changes to the technical specifications, at least thirty (30) days prior to the implementation of the change.

(Ord. No. 11386, § 2, 5-3-99)