UtilityUsewithinCountyRights-of-Way-PhelpsCounty.docVIP

STATE OF MISSOURI ) ) COUNTY OF PHELPS ) FOR THE COUNTY COMMISSION OF PHELPS COUNTY, MISSOURI ORDINANCE ESTABLISHING REGULATIONS FOR THE LOCATION AND RELOCATION OF UTILITY FACILITIES ON COUNTY ROADWAYS AND RIGHT OF WAYS; PROVIDING FOR UNIFORM LOCATION, SURFACE AND UNDERGROUND REQUIREMENTS OF SAID UTILITIES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. Effective Date of Regulation June 1, 2007 Comes now the County Commission of Phelps County, Missouri and does hereby order, adopt and ordain the following: It is identified that regulations for the location and relocation of any utility facilities along the roadways maintained by Phelps County, Missouri are hereby established. These regulations supersede all previous regulations, policy, and direction issued on utility use, construction, reconstruction, and repair within County right-of-way. Utility Use within County Rights-of-Way From and after the date of these regulations, all new and existing utility usage of county maintained road right of way shall be approved for the right of use under the authority of the County Commission and subject to the terms and conditions of these regulations. Nothing in this rule shall permit noncompliance with the requirements of a regulatory agency regarding construction of utility facilities. All utility service providers having utilities located in county-maintained road right of way shall comply with the requirements of these regulations, subject to the provisions for reimbursement for construction and relocation expense identified. The County may require public and private utilities located within county-maintained road rights-of-way to relocate and/or perform planned repairs or improvements to utilities located within the road right-of-way when necessary for completion of County road maintenance, improvement, reconstruction, or construction project. The County sh