Agenda 09/13/2011 Item #16A289/13/2011 Item 16.A.28.
EUCUTIVE SUMMARY
Request to authorize the Chairman: to sign 30 day notification form letters to utility companies
requesting relocation of facilities located in the sCounty's Right -of -Way.
OBJECTIVE: To obtain authorization to notify utility companies of the need to relocate their
facilities located within the county right -o €- -way to enable road projects to commence within the
county without delay.
CONSID. Utility companies often have facilities located within the county right-
of-way, which can obstruct the progress of road construction projects. Agencies such as Collier
County may provide 30 days' written notice of the need to relocate facilities "unreasonably
interfering in any way with the convenient,, safe, or continuous use, or the maintenance,
improvements, extension, or expansion, of such public road or publicly owned corridor"
pursuant to Florida , Statute § 33.7.403(1). If the utility company fails to remove or change the
location of the obstructive utilities, that statute further provides that the authority (the county)
can cause the utilities to be removed and seek reimbursement for the expense incurred in
removal or relocation. If the utility companies do not cooperate with the notice period provided
in the proposed notification letters, staff will return to the Board to issue a Resolution directing
the issuance of an order for the removal relocation of the utilities. See Fla. Stat. §337.404.
As a historical reference to past practices in this regard, the Board, at its October 24 — 25, 2006,
meeting (Item 10K), authorized its then Chairman to sign similar form notification letters
pertaining to the Immokalee Road expansion project. The statute has been slightly amended
since that approval date and the proposed notification letters reflect that statutory change. The
Transportation Engineering Department has prepared the attached 30 day notification form letter
for the Chairman's signature.
FISCAL IMPACT: None
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan
related to this action.
LEGAL CONSIDERATIONS: The statutory references in the Consideration section are
accurate representations of the law. If the utility companies receiving copies of the notification
letters fail to cooperate to, remove or relocate its obstructing utilities, staff will return to the
Board seeking a Resolution directing the issuance of an order for the removal relocation of the
utilities. This item has been reviewed and approved by the County Attorney's, Office, is legally
sufficient for Board action and only requires a majority -vote for approval- -SRT.
RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to
sign the 30 day notification form letter to utility companies, whose utilities are unreasonably
interfering in any way, with the convenient, safe, or continuous use, or the maintenance,
improvements, extension, or expansion, of such public road or publicly owned corridor, for the
purpose of relocating or removing their facilities that are located within the County right -of -way.
Prepared by Kevin H. Dugan, Project Manager, Transportation Engineering Department
Attachments: Notice to Relocate Form Letter
0.
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9/13/2011 Item 16.A.28.
n COLLIER COUNTY
Board of County Commissioners
Item Number: 16.4.28.
Item Summary: Request to authorize the Chairman to sign 30 day notification form
letters to utility companies requesting relocation of facilities Located in the County's Right-of-
Way.
Meeting date: ; 9/13/2011
Prepared By
Name: LynchDiane
Title: Administrative Assistant
8/26/20114:58 :58 PM
Submitted by
Title: Project Manager,Transportation Engineering &`.Const
Name: DuganKevin
8/26/20114:59:00 PM
Approved By
Name: MessamMarlene
Title: Project Manager, Senior,Transportation Engineering &` Construction Management
Date: 8/29/20119:05:27 AM
Name: BetancurNatali
Title: Executive Secretary,Transportation Engineering & C
Date: 9/30/20118:26:18 AM
Name: AhmadJay
Title: Director - Transportation Engineering Transportation Engineering& Construction Management
Date: 8/30/2011 1:59:15 PM
Name: DuganKevin
Title: Project Manager,Transportation Engineering &:Const
Date: 8/30/20112:09:01 PM
i
i
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9/13/2011 Item 16.A.28.
Name: PutaansuuGary
Title: Project Manager, Principal,Transportation Engineer
Date: 8/31/20117:34:20 AM
`Name: FederNorman
Title: Administrator - Growth Management Div,Transportat
Date: 8/31 /2011 1:40:40 PM
Name: CasalanguidaNick
Title: Deputy Administrator - GMD,Business Management & Budget Office
Date: 8/31/20114:26:54 PM
Name: TeachScott
Title: Deputy County AttorneyCounty Attorney
Date: 8/31/20114:29:31 PM
Name: KlatzkowJeff
Tithe: County Attorney,
Date: 9/1/2011 11:35 :47 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 9/2/2011,11:14:28 AM
Name: IsacksonMark. J
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 9/2/2011 12:46:44 Pivl
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9/13/2011 Item 16.A.28.
Notice to Relocate Utilities Located Along (PROJECT NAME/
DESCRIPTION/LIMITS) Proiect No.XXXXXX .
Please accept this letter as Collier County's written notification of the need to relocate the above
referenced utilities which, as currently located, unreasonably interfere with anticipated road
improvements to commence no later than D� ATE).
The County is providing this early notification with the intent that your utility company will
immediately commence review of this matter and coordinate the relocation of the affected
utilities with the County to avoid any potential delay or interference in the progress of the road
construction. In the event that it appears that efforts are not made to relocate the utilities in a
manner compatible with County's construction schedule, the County will request the Board of
County Commissioners to issue a Resolution directing the issuance of an order for the removal
or relocation of the utilities.
Florida Statutes, § 337.403 (l) requires the removal of utilities that unreasonably interfere with
the maintenance or improvements of public roads, as follows:
(1) Any utility heretofore or hereafter placed upon, under, over, or along any public road
or publicly owned rail corridor that is found by the authority to be unreasonably
interfering in any way with the convenient, safe, or continuous use, or the
maintenance, improvements, extension, or expansion, of such public road or publicly
owned rail corridor shall, upon 30 days' written notice to the utility or its agent by the
authority, be removed or relocated by such utility at its own expense except as
provided in paragraphs (a) -(f).
In the event that the owner of the utility fails to remove or relocate the utility, the statute further
provides:
(3) Whenever an order of the authority requires such removal or change in the location of
any utility from the right -of -way of a public road or publicly owned rail corridor, and the
owner thereof fails to remove or change the same at his or her own expense to conform
to the order within the time stated in the notice, the authority shall proceed to cause the
utility to be removed. The expense thereby incurred shall be paid out of any money
available therefore, and such expense shall, except as provided in subsection (1), be
charged against the owner and levied and collected and paid into the fund from which the
expense of such relocation was paid.
Please be advised that if the above utilities are not relocated and /or the County incurs additional
n expense related to having to unilaterally relocate those utilities, the County will expect
reimbursement from your utility company.
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9/13/2011 Item 16.A.28.
Those utilities that have previously submitted Utility Work Schedules for this project, please
resubmit an updated copy to (PROJECT MANAGERS NAME) in (DEPARTMENT).
Attest:
XXXXXXXXX, Clerk
Deputy Clerk
Approved as to form and legal sufficiency
Scott R. Teach
Deputy County Attorney
AS TO COUNTY:
BOARD OF COUNTY COMMISSIONERS
XXXXXXX, Chairman
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