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CODE OF THE CITY OF LAWRENCE, KANSAS

16-26

ARTICLE 9A. USE OF RIGHT-OF-WAY BY FRANCHISEES OF THE CITY OF LAWRENCE,

KANSAS

16-9A01 APPLICABILITY.

This article shall apply to those franchisees of the City of Lawrence, Kansas that

have no right-of-way use provisions in their franchise ordinances with the City of

Lawrence or have right-of-way use provisions in their franchise ordinances that are

less stringent than those contained in this article. (Ord. 8073)

16-9A02 USE OF RIGHT-OF-WAY.

In the use of the right-of-way under this Ordinance, the franchisee shall be subject to

all rules, regulations, policies, resolutions and ordinances now or hereafter adopted

or promulgated by the City in the reasonable exercise of its police power and is

subject to all applicable laws, orders, rules and regulations adopted by the

governmental bodies now or hereafter having jurisdiction. In addition, the franchisee

shall be subject to all rules, regulations, policies, resolutions and ordinances now or

hereafter adopted or promulgated by the City relating to permits, sidewalk and

pavement cuts, utility location, construction coordination, beautification, tree care,

and other requirements on the use of the right-of-way and shall comply with the

following: (Ord. 8073)

(A) The franchisee’s use of right-of-way shall in all matters be subordinate to the

City's use of the right-of-way for any public purposes. The franchisee shall

coordinate the placement of its facilities in a manner which minimizes

adverse impact on public improvements, as reasonably determined by the

City. Where placement is not otherwise regulated, the facilities shall be

placed with adequate clearance from such public improvements so as not to

impact or be impacted by such public improvement.

(B) All earth, materials, sidewalks, paving, crossings, utilities, public

improvements or improvements of any kind injured, damaged or removed

by the franchisee in its activities under this Ordinance and its Franchise

Ordinance shall be fully repaired or replaced within a reasonable time by the

franchisee at its sole expense and to the reasonable satisfaction of the City

and the franchisee.

(C) The franchisee shall keep and maintain accurate records and as-built

drawings depicting the accurate location of all facilities constructed,

reconstructed, or relocated in the right-of-way after the date hereof and

provide the above information to the City upon request. Where such

information is available electronically, upon request from the City, franchisee

agrees to provide such information in an electronic format. City agrees to

use information obtained pursuant to this subsection only to locate utility

facilities in connection with municipal projects and further agrees not to

disclose such information to anyone other than City employees requiring

CODE OF THE CITY OF LAWRENCE, KANSAS

16-27

such information to locate utility facilities in connection with municipal

projects, except as required by law. Franchisee and the City agree that

such information is confidential and proprietary and agree that such

information shall remain the sole property of the Investor owned utility and

agree that pursuant to the Kansas Open Records Act, K.S.A. 45-215 et

seq., as amended, such information does not constitute public records

subject to K.S.A. 45-218, as amended. In the event that the City is required

by law to disclose such information, the City shall provide the franchisee

advance notice of its intended disclosure of such information and shall take

such action as may be reasonably required to cooperate with the franchisee

to safeguard such information.

The franchisee agrees to indemnify and hold the City harmless from any

and all penalties or costs, including attorney’s fees, arising from the actions

of the franchisee, or of the City at the written request of the franchisee, in

seeking to safeguard the confidentiality of information provided by the

franchisee to the City under this section.

In the event such information is required by force of law to be publicly

disclosed, the franchisee shall have no further obligation under this section

to provide the City with such information. Such facilities shall be horizontally

and vertically located at least every 100 feet and at any other alignment

change.

All points of facilities shall be horizontally located from street centerline or

section or quarter section lines or corners. Vertical locations or all points of

facilities shall consist of elevations in either City datum or United States

Geological Survey datum.

(D) Except in cases of an emergency, a minimum of fourteen (14) days prior to

construction, reconstruction or relocation of any facilities in the right-of-way,

the franchisee shall submit to the City Engineer, or her or his designee, for

approval, plans and specifications of the proposed installation. Such

approval shall not be unreasonably withheld, delayed or conditioned. City

review shall only concern matters related to the interests of the City as set

forth in this Ordinance.

(E) The franchisee shall cooperate promptly and fully with the City and take all

measures necessary to provide accurate and complete information

regarding the nature and locations, both horizontal and vertical, of its

facilities located within right-of-way when requested by the City or its

authorized agents for a public project. Such location and identification shall

be at the sole expense of the franchisee, without expense to the City, its

employees, agents, or authorized contractors. The franchisee shall

designate an agent to provide the City with timely information when required

by this subsection.

(F) As reasonably necessary, the franchisee shall relocate or adjust any

facilities located in the right-of-way for a public project within a reasonable

time. Such relocation or adjustment shall be performed by the franchisee at

its sole expense, without expense to the City, its employees, agents, or

authorized contractors and shall be specifically subject to rules and

regulations of the City not inconsistent with this Ordinance pertaining to

such.

(G) It shall be the sole responsibility of the franchisee to take adequate

measures to protect and defend its facilities in the right-of-way from harm

CODE OF THE CITY OF LAWRENCE, KANSAS

16-28

and damage. If the franchisee fails to accurately or timely locate facilities

when requested, the franchisee has no claim for costs or damages against

the City and its authorized contractors or any other party authorized to be in

the right-of-way, except to the extent such harm or damage is caused by

such party’s negligent or intentional conduct. City and its authorized

contractors agree to take reasonable precautionary measures, including, but

not limited to, calling for utility locations and observing marker posts, when

working near franchisee facilities.

(H) Except in the event of an emergency, the franchisee shall notify the City not

less than ten (10) days in advance of any construction, reconstruction, repair

or relocation of facilities which would require any street closure which

reduces traffic flow to less than two lanes of moving traffic. The City shall

follow its policies in the grant or denial of such authority, which shall not be

unreasonably delayed. Except in the event of an emergency, no such

closure shall take place without such notice and prior authorization from the

City.

In addition, all work performed in the traveled way or which in any way

impacts vehicular or pedestrian traffic shall be properly signed, barricaded,

and otherwise protected. For all work within the right-of-way, the franchisee

shall erect and maintain signs and other devices as required by City

ordinances, regulations and rules.

(I) All technical standards governing construction, reconstruction, installation,

operation, testing use, maintenance, and dismantling of the facilities in the

right-of-way shall be in accordance with applicable present and future

federal, state and City law and regulations.

16-9A03 COMPLIANCE WITH STREET TREE ORDINANCE.

The franchisee shall comply with the provisions of the Street Tree Ordinance

(Chapter 18, Article 1, of the Code of the City of Lawrence, Kansas) and

amendments thereto, in the care, pruning, trimming, and removing of trees located in

or on the City right-of-way. (Ord. 8073)

16-9A04 LOCATION OF UNDERGROUND EQUIPMENT AND FACILITIES.

Franchisee’s equipment shall be placed underground as required by City ordinances,

including Chapter 5, Article 4A of the Code of the City of Lawrence, and

amendments thereto. Where underground construction is made, the equipment and

any necessary trenching shall be installed and maintained or provided by the

franchisee in accordance with the ordinances of the City without expense to the City.

(Ord. 8073)

16-9A05 SEVERABILITY.

If any section, clause, sentence, or phrase of this ordinance is found to be

unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it

shall not affect the validity of any remaining parts of this ordinance. (Ord. 8073)