§ 3. Use of Right-of-Way.  


Latest version.
  • In the use of right-of-way under this ordinance, KINNET 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 governmental bodies now or hereafter having jurisdiction. In addition, KINNET shall be subject to all rules, regulations, policies, resolutions, and ordinances now or hereafter adopted or promulgated by the City relating to permits and fees, sidewalk and pavement cuts, utility location, construction coordination, beautification, and other requirements on the use of the right-of-way and shall comply with the following:

    (a)

    KINNET'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 purpose. KINNET 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 or removed by KINNET in its activities under this ordinance shall be fully repaired or replaced promptly by KINNET at its sole expense and to the reasonable satisfaction of the City or owner thereof.

    (c)

    All facilities constructed, reconstructed, or relocated in the right-of-way after the date hereof shall be placed underground unless otherwise agreed to by the City and in steel conduit in the right-of-way and rigid conduit when otherwise within the corporate limits of the City.

    (d)

    KINNET shall keep and maintain accurate records and as-built drawings depicting accurate horizontal and vertical location of all facilities constructed, reconstructed, or relocated in the street right-of-way after the date hereof. All points of facilities shall be horizontally located from street centerline, or section or quarter section lines or corners. Vertical locations on all points of facilities shall consist of elevations in either City datum or United States Geological Survey datum.

    (e)

    Prior to construction, reconstruction or relocation of any facilities in the right-of-way, KINNET shall submit to the City Engineer for approval plans and specifications of the proposed installation. Such approval shall not be unreasonably withheld, delayed or conditioned.

    (f)

    KINNET 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 KINNET without expense to the City, its employees, agents, or authorized contractors. KINNET shall have a person familiar with the facilities who is responsible for timely satisfying information needs of the City and other users of the right-of-way.

    (g)

    KINNET shall promptly relocate or adjust any facilities located in right-of-way for a public project. Such relocation or adjustment shall be performed by KINNET 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.

    (h)

    It shall be the sole responsibility of KINNET to take adequate measures to protect and defend its facilities in the right-of-way from harm or damage. If KINNET fails to accurately or timely locate facilities when requested, it 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 party is responsible for the harm or damage caused by its negligence or intentional conduct.

    (i)

    KINNET shall notify the City not less than three (3) working 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. Except in the event of an emergency, as reasonably determined by KINNET, no such closure shall take place without such notice and prior authorization from the City. The City shall follow its policies in the grant or denial of such authority, which shall not be unreasonably delayed. 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. Such signing shall be in conformance with the latest edition of the Federal Highway Administration's Standards and Guideline for Work Zone Traffic Control, unless otherwise agreed to by the City.

    (j)

    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 regulation, including but not limited to the most recent editions of the National Electrical Code, the National Electrical Safety Code, and the Fiber Optic Cable Installation Standard of the Telecommunications Industry Committee, or such substantive equivalents as may hereafter be adopted or promulgated. It is understood that the standards established in this paragraph are minimum standards and the requirements established or referenced in this ordinance may be additional to or stricter than such minimum standards.

    (k)

    KINNET shall not lease or sublease (including but not limited to the lease of conduit space) or otherwise make available any of the facilities in the right-of-way to any other entity without the express written consent of the City, except KINNET may make the capacity of its facilities available to other entities in the ordinary conduct of its business as a fiber optic telecommunications company. The purpose of this provision is to allow and encourage the sharing of space in the right-of-way so long as sublessees or users are authorized by the City to use the right-of-way.

    Nothing in this section is intended or shall be interpreted to eliminate KINNET's right to use the right-of-way for the purposes of this ordinance.