§ 4. USE OF RIGHT-OF-WAY.  


Latest version.
  • A.

    Use of Right-of-Way; Police Powers; Franchisee's Use Subordinate. Facilities shall be placed with adequate clearance from existing public or private utilities in the Right-of-Way so as not to impact or be impacted by such public or private utilities or improvements. Franchisee shall construct and maintain its Facilities in accordance with all applicable federal, state and local laws, including all State-approved work plans or permits, and all other City codes and ordinances in effect as of the date of this Franchise or hereinafter adopted to the extent not in contravention of state or federal law. The Franchise does not in any way impact the continuing authority of the City through the proper exercise of its Home Rule powers to adopt and enforce ordinances necessary to provide for the health, safety and welfare of the public. In entering this Franchise, the City makes no express or implied representation or warranty regarding its rights to authorize the installation or construction of Facilities on any particular segment of the Right-of-Way. The burden and responsibility for making all such determinations in advance of construction or installation shall be entirely upon Franchisee. The use of the Right-of-Way authorized by this Franchise shall in all matters be subordinate to the City's use and rights therein. Franchisee shall coordinate the placement of its Facilities in a manner that minimizes adverse impact on public and private improvements, as reasonably determined by the City Engineer.

    B.

    No Interference. Franchisee shall construct and maintain its Facilities so as not to interfere with other users of the Right-of-Way. All construction and maintenance by Franchisee or its subcontractors shall be performed in accordance with industry standards.

    C.

    Exclusion of Certain Locations. Prior to Franchisee's installation of any Facilities in the Right-of-Way, and after it provides the City with its proposed plans for the Facilities, the City may in its reasonable discretion designate certain locations or improvements in the Right-of-Way to be excluded from use by Franchisee for its Facilities, including, but not limited to any location or improvement that in the reasonable judgment of the City Engineer is incompatible with the proposed Facilities, or would be rendered unsafe or unstable by the installation. The City Engineer may further exclude certain other locations or improvements that have been designated or planned for other use, or are not otherwise available for use by Franchisee due to engineering, technological, proprietary, legal, or other limitations or restrictions as may be reasonably determined by the City. The City shall provide a written explanation for any denial for a particular location and shall work with Franchisee to identify other suitable routes.

    D.

    Location, Type and Design of Facilities Subject to Approval. The design, location, and nature of all Facilities shall be subject to the reasonable review and approval of the City Engineer. This is a means to properly manage and control all Right-of-Way usage in the City, and to protect the public health, safety, and welfare. The review and approval is to ensure efficient coordination relating to Right-of-Way use relating to public and private utilities and to evaluate the configuration and size of Facilities that may be located in the Right-of-Way or other public or private property.

    All Facilities constructed by Franchisee shall be placed underground unless otherwise agreed to by the City.

    E.

    Right-of-Way Management Code. The City reserves its rights to adopt a Right-of-Way management and construction standards ordinance of general applicability pursuant to its public health, safety and welfare authority which shall apply to this Franchise except where inconsistent with a material term of the Franchise.

    F.

    Underground Facility Locating Service. Franchisee shall cooperate with and participate fully in providing reputable underground facility locating services to insure that damage and/or interference with other underground facilities occupants is minimized. This shall include, but not be limited to, participation with the Kansas One Call.

    G.

    Permit Requirements. While this Franchise establishes the general rules and scope of authority for Franchisee to construct and maintain its Facilities within the Right-of-Way, Franchisee is still required to obtain individual permitting approval from the City Engineer prior to engaging in actual construction of its specific Facilities within the Right-of-Way. At least fifteen (15) days before the beginning of any installation, removal or relocation of its Facilities, Franchisee shall submit detailed plans of the proposed action to the City Engineer. The City Engineer shall, within fifteen (15) days of receipt of such plans, either approve the plans or inform Franchisee of the reasons for disapproval. Franchisee shall designate a responsible contact person with whom representatives of the City Engineer can communicate with on all matters relating to facilities installation and maintenance. Prior to any excavation within the Right-of-Way, Franchisee shall obtain a permit, pay all applicable fees, and perform such work in accordance with applicable provisions of the City Code, and any ordinances or regulations that may be adopted by the City regarding excavation work.

    H.

    As Built Drawings. Franchisee shall keep and maintain accurate records and as-built drawings, in both paper and electronic format, of all Facilities constructed, reconstructed, or relocated in the Right-of-Way after the date hereof. 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 on all points of Facilities shall consist of elevations in either City datum or United States Geological Survey datum. Franchisee shall cooperate promptly and fully with the City and take all reasonable measures necessary to provide accurate and complete information regarding the nature and horizontal and vertical location 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 Franchisee without expense to the City, its employees, agents, or authorized contractors.

    I.

    Relocation of Facilities. Franchisee shall, within a reasonable time, relocate or adjust any Facilities located in Right-of-Way if reasonably necessary and requested by the City for a Public Project. Such relocation or adjustment for a particular Public Project shall be performed by Franchisee without expense to the City, its employees, agents, or authorized contractors and shall be specifically subject to rules and regulations of the City pertaining to such; provided, that if Franchisee demonstrates to the satisfaction of the City that the Facility was originally established in a private easement that thereafter became part of the Right-of-Way, the relocation or adjustment shall be without expense to Franchisee.

    J.

    Agent. Franchisee shall designate and maintain an agent, familiar with the Facilities, who is responsible for timely satisfaction of the information needs of the City and other users of the Right-of-Way.