(a) City means the City of Maize, Kansas.
(b) Public right-of-way means the area of real property which the City has a dedicated or acquired right-of way interest in the real property. It includes the area on, below or above the present and future streets, alleys, avenues, roads, highways, parkways or boulevards dedicated or acquired as right-of-way. The term does not include the airwaves above a right-of-way with regard to wireless telecommunications or other nonwire telecommunications or broadcast service, easements obtained by utilities or private easements in platted subdivisions or tracts.
(c) Occupant means any person, firm, corporation, association, utility, or entity, which enters upon the right-of-way of the City, or in any manner establishes a physical presence on, upon, in or over the right-of-way of the City, for the purpose of installing, construction, maintaining or operating lines, conduits, wires, fiber optic wires, cables, pipes, pipelines, poles, towers, vaults or appliances, or related facilities or appurtenances thereto.
(Ord. 629)
(a) No person, firm, corporation, association, utility, or entity, shall enter upon the right-of-way of the City, or in any manner establish a physical presence on, upon, in or over the right-of way of the City, for the purpose of installing, constructions, maintaining or operating lines, conduits, wires, fiber optic wires, cables, pipes, pipelines, poles, towers, vaults or appliances, or related facilities or appurtenances thereto, without the express written permission of the City. The permission of the City may be granted by a franchise agreement pursuant to the provisions of K.S.A. 12-2001 et seq. or by such other agreement as the governing body determines best protects the public interest in the right-of-way.
(b) Nothing in this ordinance shall be interpreted as granting an occupant the authority to construct, maintain, or operate any facility or related appurtenance on property owned by a City outside of the public right-of-way.
(c) Once permission is granted to occupy the City public right-of-way by franchise or other agreement, the occupant shall obtain a construction permit before setting fixtures in the right-of-way and shall obtain an excavation permit before making a street or pavement cut in the public right-of-way. Such permits shall be issued by the City Administrator or designee.
(d) The City shall process valid and administratively complete applications for construction permits and excavation permits for use of the public right-of-way within 30 days.
(Ord. 629)
The authority of a provider to use and occupy the public right-of-way shall always be subject and subordinate to the reasonable public health, safety and welfare requirements and regulations of the City.
(Ord. 629)
Any occupant of the public right-of-way shall comply with the provisions of the Standards and Guides for Traffic Controls for Streets and Highway Construction, Maintenance, Utility, and Incidental Management Operations Part IV of the Manual of Uniform Traffic Control Devices (MUTCD), published by the U.S. Department of Transportation, Federal Highway Administrations, 1988 Edition, Revision 3, dated September 3, 1993, which is incorporated by reference as if fully set forth herein.
(Ord. 629)
If there is an emergency necessitating response work or repair, any person, firm, corporation, association, utility, or entity which has been granted permission to occupy the right-of-way may begin that repair or emergency response work or take any action required under the circumstances, provided that person, firm, corporation, association, utility, or entity notifies the City promptly after beginning the work and timely thereafter meets any permit or other requirement had there not been such an emergency.
(Ord. 629)
Any occupant of the public right-of-way is hereby required to repair all damage to a public right-of-way caused by the activities of that occupant, or of any agent affiliate, employee, or subcontractor of that occupant, while occupying, installing, repairing or maintaining facilities in a public right-of-way and to return the right-of-way, to its functional equivalence before the damage pursuant to the reasonable requirements and specifications of the City. If the occupant fails to make the repairs required by the City, the City may affect those repairs and charge the occupant the cost of those repairs. (See 13-508(b))
(Ord. 629)
Whenever requested by the City, in order to accomplish construction and maintenance activities directly related to improvements for the health, safety and welfare of the public, an occupant promptly shall remove its facilities from the public right-of-way or shall relocate or adjust its facilities within the public right-of-way at no cost to the City. Such relocation or adjustment shall be completed as soon as reasonably possible within the time set forth in any request by the City for relocation or adjustment. Any damages suffered by the City or its contractors as a result of such occupant’s failure to timely relocate or adjust its facilities shall be borne by such occupant.
(Ord. 629)
(a) The City, by resolution adopted by the City Council and as amended from time to time, shall set the following fees for use and occupancy of the public right of way. Such fees shall reimburse the City for the reasonable, actual and verifiable costs of managing the City’s right-of-way and shall be imposed on all occupants of the public right-of-way in a nondiscriminatory and competitively neutral manner, to wit:
(1) A permit fee in connection with issuing each construction permit to set fixtures in the public right-of-way within the City as provided by K.S.A. 17-1901, and amendments thereto, to compensate the City for issuing, processing and verifying the permit application.
(2) An excavation fee for each street or pavement cut to recover the costs associated with construction and repair activities of the occupant, their assigns, contractors and/or subcontractors, except when such involves related repair activities due pursuant to Section 13-507 herein; provided, however, imposition of such excavation fee must be based upon a regional specific or other appropriate study that establishes the basis for such costs which taken into account the life of the City street prior to the construction or repair activities and the remaining life of the City street thereafter. Such excavation fee is limited to activities that result in actual street or pavement cost.
(3) An inspection fee to recover all reasonable costs associated with City inspection of the work of the occupant in the public right-of-way.
(b) In addition, the City shall assess an occupant fee to recover from the occupant the cost of repairing the public right-of-way because of damages caused by the occupant, its assigns, contractors, and/or subcontractors in the use of the City public right-of-way that is not repaired by the occupant in a reasonable time period.
(c) Occupants shall furnish the City proof, in a form acceptable to the City, from a surety licensed to conduct business in the State of Kansas, of a performance bond in an amount equal to the estimated cost of the project the permit is being sought for that insures appropriate and timely performance of the construction and maintenance of facilities located in the City public right-of-way as part of the City issuing a construction permit and/or excavation permit for an occupant to do work in the City public right-of-way.
(Ord. 629)
(a) Occupants shall indemnify and hold the City and its officers and employees harmless against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees (including reasonable attorney fees and costs of defense), proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including personal or bodily injury (including death), property damage or other harm for which recovery of damages is sought, to the extent that it is found by a court of competent jurisdiction to be caused by the negligence of the occupant, any agent, officer, director, representative, employee, affiliate or subcontractor of the provider, or their respective officers, agents, employees, directors or representatives, while installing, repairing or maintaining facilities in a public right-of-way.
(b) The indemnity provided by this subsection does not apply to any liability resulting from the negligence of the City, its officers, employees, contractors or subcontractors. If an occupant and the City are found jointly liable by a court of competent jurisdiction, liability shall be apportioned comparatively in accordance with the laws of the state without, however, waiving any governmental immunity available to the City under state law and without waiving any defenses of the parties under state or federal law.
(c) This section is solely for the benefit of the City and occupant and does not create or grant any rights, contractual or otherwise, to any other person or entity.
(Ord. 629)
An occupant shall promptly advise the other in writing of any known claim or demand against the provider or the City related to or arising out of the occupant’s activities in a public right-of-way.
(Ord. 629)
Any person, firm, corporation, association, utility, or entity, or agent, contractor or subcontractor thereof, violating any provision of this Article 5 of Chapter 13, shall be guilty of a municipal offense, and shall upon conviction be subject to a maximum fine of $500.00. Each day of violation shall constitute a separate and distinct offense.
(Ord. 629)