Loading...
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 As a historical reference to past practices in this regard, the Board, at its October 24 — 25, 2006, meeting (Item 10K), authorized its then Chairman to sign similar form notification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. Packet Page - 2019 - 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 Packet Page -2020- 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 Packet Page -2021- 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. Packet Page -2022- 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 Packet Page -2023-