Step 1 of 2 - Terms and Conditions
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
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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
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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)