CHAPTER XIII. STREETS AND SIDEWALKSCHAPTER XIII. STREETS AND SIDEWALKS\ARTICLE 5. RIGHT-OF-WAY

(a)   No person, firm, corporation, association, utility or entity shall enter upon any right of the city of Cottonwood Falls, Kansas, for the purpose of digging or trenching without first obtaining the permission of the City of Cottonwood Falls, Kansas.

(b)   Any Person, firm, corporation, association, utility or entity desiring to dig or trench within any right-of-way shall first notify the City of Cottonwood Falls whereupon, if the City determines that a legitimate purpose exists for the digging or trenching, the City shall locate the water lines within the right-of-way. After the water lines have been located, permission to dig or trench shall be given.

(c)   If there is an emergency necessitating response work or repair, any persons, firm, corporation, association, utility or entity may begin the repair or emergency response work, but shall notify the City promptly after beginning the work.

(d)   Any person, firm, corporation, association, utility or entity digging or trenching within any right-of-way is hereby required to repair all damage to a public right-of way caused by such activities, and return the right-of-way to its functional equivalence before the damage pursuant to the reasonable requirements of the city. If the person, firm, corporation, association, utility or entity fails to make the repairs required by the city, the city may affect those repairs and charge the person, firm, corporation, association, utility or entity the cost of those repairs.

(Ord. 907; Code 2015)

(a)   Any person, firm, corporation, association, utility or entity that during the course of digging or trenching damages a water line that has been located by the he City shall repair said water line pursuant to the reasonable requirements of the city. If the City repairs said water line, all costs associated with the repair shall be charged to the person, firm, corporation, association, utility or entity that damaged the water line.

(b)   If the City improperly located the water line the costs of repair shall be the responsibility of the City.

(Ord. 907; Code 2015)

(a)   Any person, firm, corporation, association, utility or entity digging or trenching with the public right-of-way 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 person, firm, corporation, association, utility or entity or their agents, officers, directors, representatives, employees, affiliates or subcontractors.

(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 joint liability is found by a court of competent jurisdiction, liability shall be apportioned comparatively in accordance with the laws of the State of Kansas without, however, waiving any governmental immunity available to the city under the laws of Kansas 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 the person, firm, corporation, association, utility or entity involved and does not create or grant any rights, contractual or otherwise, to any other person or entity.

(Ord. 907; Code 2015)

Any person, firm, corporation, association, utility or entity, contractor or subcontractor thereof, violating any of the provisions of the ordinance, 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. 907; Code 2015)