ORDINANCE NO.  8326

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS ENACTING CHAPTER V, ARTICLE 21 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2008 EDITION, AND AMENDMENTS THERETO, CONCERNING EXCAVATIONS AND STRUCTURES IN UTILITY EASEMENTS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

Section 1.  Chapter V, Article 21, of the Code of the City of Lawrence, Kansas, 2008 Edition, and amendments thereto, is hereby enacted to read as follows:

5-2101              EXCAVATIONS AND STRUCTURES IN UTILITY EASEMENTS; DEFINITIONS. 

The following definitions shall be observed in the construction of this article:

(A)        Company:  Westar Energy, Southwestern Bell Telephone Corporation, Black Hills Energy, City of Lawrence Utility Department, Sunflower Cablevision, and Atmos Energy, or any utility granted a franchise by the City of Lawrence.

                        (B)        Easement:  Any permanent or temporary easement granted for the use of utilities; any easement granted specifically to one utility or any dedicated public right-of-way.

                        (C)        Facilities:  Any pipe, wires, poles, junction manholes, junction boxes, cables, valves, hydrants or other appurtenances installed and owned by any company or their contractors.

(D)        Locates:  The physical location of any facility by the company representative.

(E)        Owner:  The owner of any property or his or her contractor, building, agent or anyone acting on his or her behalf.

(F)        Structure:  Any building, fence, pen or anything that impedes access to the easement.

5-2102              SAME; EXCAVATION APPROVAL REQUIRED. 

It shall be unlawful, except as specifically provided herein, for any owner of any property within the corporate limits of the City to excavate, bore, grade or to make any form of grade elevation change or to place a structure within the easement without prior notification of an approval from the company that has any facility within the easement.  It is the purpose of this article that the company shall continue to comply with articles designated in applicable Codes and standards, addressing proper coverage requirements for facilities. 

5-2103              SAME; NOTICE TO COMPANY.

(A)        Any form of work as described in Section 5-2102 done within the easement shall require notification of the company who shall determine any realignment or relocation of any facilities to be made and finished grade required.  Any locations of those companies must be completed before private construction can begin.

(B)        If the owner plans any grading, fill, tunneling, place a structure or any other disturbances of easements adjacent to the owner's property that will cause any company to be in violation of applicable Codes, the owner shall notify the company forty-eight (48) hours in advance exclusive of Saturdays, Sundays, and holidays of the proposed changes and compensate the appropriate company for changing their facilities to meet the applicable standards and Codes prior to any work done by the owner within the easement.  Any changes shall be made in accordance with each company's policy and in accordance with the established charges of the company.  The charges shall be paid by the owner.

                        (C)        Nothing in this article is to prevent an owner from contracting with a private contractor, qualified and approved by the company, for the re-installation or realignment of underground facilities in accordance with the established specifications of the company and local Codes.

5-2104              SAME; PENALTY. 

Anyone found to be in violation of this article shall be charged three (3) times the actual cost of relocation, realignment, or repair of any facilities plus the applicable fine.

Section 2.  If any provision, clause, sentence or paragraph of this ordinance is found to 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.

Section 3.  This ordinance shall be in full force and take effect on and after its publication as provided by law.

                  Passed by the Governing Body this_____day of September, 2008

                                                                                    _________________

                                                                                    Michael Dever, Mayor

ATTEST:

_____________________

Frank S. Reeb, City Clerk

Approved as to form and legality:

_____________________________________________

Toni Ramirez Wheeler, Director of the Legal Department