AN ORDINANCE AMENDING THE TEXT OF THE MANAGEMENT OF USES OF RIGHTS-OF-WAY TO INCLUDE CONTRACTOR AND SUBCONTRACTOR REQUIRMENTS, HOURS OF OPERATION, PERMITTING PROCESSES AND FEE’S, AND INSTALLATION STANDARDS WITHIN THE RIGHTS-OF-WAYS FOR THE MUNICIPAL CODE OF THE CITY OF GOODLAND, KANSAS.
WHEREAS, the Governing Body has found it is in the best interest of the City of Goodland to amend the text in Chapter 15 Article VII of the Municipal Code for the City of Goodland, Kansas
NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF GOODLAND, KANSAS:
Section 1. The City of Goodland Code Chapter 15 Article VII is hereby amended to read as follows:
ARTICLE VII. MANAGEMENT OF USES OF RIGHTS-OF-WAY
Sec. 15-701. Definitions.
(a) “Day” shall mean one working business day, with hours from 8:00 a.m. to 3:00 p.m.
(b) “Excavate, Excavating, or Excavation” shall generally be considered as any penetration of the earth, asphalt, concrete, gravel, brick or any other material in or on the ground, by any means, for the purposes of installing, maintaining, locating or identifying facilities in the ROW.
(c) “Public right-of-way” means only the area of real property in which the city has a dedicated or acquired right-of-way interest in the real property. It shall include 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 non-wire telecommunications or broadcast service, easements obtained by utilities or private easements in platted subdivisions or tracts.
(d) “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.
Occupant shall not include the following:
(1) Any person, firm, corporation, association, or entity installing, constructing, maintaining or operating an installation governed by Chapter 4, Article IV, of the Code of the City of Goodland, Kansas. Nothing herein shall exempt any person, firm, corporation, association or entity from complying with Chapter of the Code of the City of Goodland, Kansas.
(2) Any person, firm, corporation, association, or entity installing, constructing, or maintaining a fence governed by Chapter 4, Article VIII, of the Code of the City of Goodland, Kansas. Nothing herein shall
exempt any person, firm, corporation, association or entity from complying with Chapter 4, of the Code of the City of Goodland, Kansas.
(3) Any person, firm, corporation, association, or entity installing, constructing or maintaining residential landscaping. “Landscaping” means the treatment of the ground surface with live planting materials, including but not limited to, trees, shrubs, grass, ground cover or other growing horticultural material. Other materials such as wood chips, stone, or decorative rock may also be utilized.
(e) “Underground Broadband Facilities” shall mean underground fiber optic cable, coaxial cable, DSL or other facilities that support telecommunications service for broadband, as defined in K.S.A. 66-1,187.
Sec. 15-702. ROW Permit Required; ROW Permit Exemptions; ROW Permit Application; ROW Permit Approval, Denial, & Revocation; and ROW Permit Inspections and Close Out Requirements.
No person, firm, corporation, association, utility, or entity, shall enter upon the right-of-way to 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, construction, 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.
Nothing in this article 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.
The city shall process each valid and administratively complete application for use of the right-of-way within 30 days.
ROW Permit Required: All users of the ROW shall obtain and have in their possession, prior to any use of the ROW, a valid and active ROW Permit. All users of the ROW, including the City of Goodland, shall, if required by these regulations, obtain and have in their possession a valid Temporary Traffic Control Permit.
Row Permits are valid for 60 days. A permit extension of 60 days may be requested. Fee assessments will apply for areas of unfinished work and areas of incomplete restoration.
The City of Goodland reserves the right to limit the number of active permits issued to a utility company or contractor.
Application: The applicant shall complete the form in full and shall provide all information requested therein, including but not limited to:
the name of the applicant,
contact information,
the date or dates for which the ROW Permit is sought,
the location and nature of the proposed use of the ROW,
all approved plans (showing existing utilities and easements),
any traffic control plans (if necessary),
insurance,
A performance bond, in a form acceptable to the city, from a surety licensed to conduct surety business in the State of Kansas, insuring appropriate and timely performance in the construction and maintenance of facilities located in the public right-of-way,
payment of the ROW Permit Fee and any and all other information that may be required by the City Manager or his or her designee to review and to process the application, and
Applications for a ROW Permit shall be filed with the City Manager or his or her designee according to the following timelines:
14 business days prior to the commencement date of the proposed use of the ROW when no Temporary Traffic Control plan is required.
20 business days prior to the commencement date of the proposed use of the ROW when the use calls for a full road closure of an arterial or collector street under.
ROW Temporary Use – Excavation Permit.
ROW Temporary Use – Excavation Permit shall permit the temporary use of the ROW, including but not limited to major excavations, installation of facilities, utility service connections, driveway installations, sidewalk installations, etc. unless otherwise exempted later in this section. Any person applying for a Class 3 permit must submit a copy of a valid certification of completion of the Kansas 811 Damage Prevention Awareness Training v2. The certification is available at no cost and accessible at kansas811.com.
In the event of an emergency, in order to protect the health, safety, and welfare of the community, a Person may perform temporary work in the Public Right of Way or may use the Public Right of Way on a temporary basis without first acquiring from the City a ROW Permit. In the event of an emergency, the City shall be notified of the emergency at the earliest practicable time and a permit shall be submitted within 2 business days. All applicable ROW Permit Fees will be charged.
ROW Permit Exemptions:
Single, duplex, or triplex residential dwellings and remodels of the same shall be exempt from the ROW Permitting requirements, if and only if there is an active and valid City-issued Building, Plumbing, Mechanical or Electrical Permit, assuming the proposed work or activity affects the ROW. This exemption from the ROW Permit requirement shall apply only to utility service tie-ins, repairs, or replacements, or new driveway construction, which shall be inclusive of curb and gutter and abutting sidewalk of the affected driveway. ROW Permit fees will be waived under this exemption.
The review and approval of the Building, Plumbing, Mechanical or Electrical Permits will be handled on a case-by-case basis at the discretion of the City Manager or his or her designee. The exemption of a ROW permit shall not excuse the applicant from any bonding or insurance requirements,
Temporary traffic control devices shall be installed where applicable and shall be installed in accordance with these Regulations. The City Manager or his or her designee, at its discretion, may require ROW permits on a case-by-case basis if a ROW Permit is determined to be necessary.
Arborist, landscapers, moving companies, delivery vehicles and similar type vehicles are exempt from obtaining a ROW Permit so long as they are lawfully and legally parked.
Utility Locators are exempt from obtaining a ROW Permit.
The City shall be exempt from ROW Permitting requirements.
The City Manager or his or her designee at their professional discretion can exempt a person, or entity from requiring a ROW Permitting Requirements.
ROW Permit Issuance, Denial, and Revocation; Appeals:
ROW Permit Issuance: The City Manager or his or her designee shall review each application for a ROW Permit and may, in the exercise of its discretion, approve the application if:
the application is complete,
the required fees have been paid,
the proposed use is temporary in nature, and
if, in view of the proposed location, the proposed use will not constitute a traffic safety hazard, will not destroy, damage, or impair the ROW or use of the ROW, and will serve a legitimate purpose.
Additional Conditions: In the exercise of its discretion, the City Manager or his or her designee may also impose additional conditions on the issuance of any ROW Permit, as may be necessary.
All Users of the ROW, whose work or other use of the ROW will exceed two thousand (2,000) linear feet, shall be required, prior to the issuance of any ROW Permit, to meet with the City Manager or his or her designee for a preconstruction meeting to discuss the work or other use, by what means the User will notify the public and affected landowners, and any other issues that may be related to the proposed work or use.
ROW Permit Denial: The City Manager or his or her designee may, in the exercise of its discretion, deny any application for a Temporary Right of Way Permit:
if the application is incomplete,
if the required fees have not been paid,
if the application does not otherwise meet all the requirements of Section 15.702.3,
if the applicant, General Contractor, or Subcontractor listed on the application has had a Right of Way Permit revoked within the past two years,
if the applicant, General Contractor, or any Subcontractor listed on the application has failed to maintain a bond on file for the necessary length of time,
if the City of Goodland has filed a claim against the applicant’s, General Contractor, or any Subcontractor listed on the applications’ bond within the past two years,
if the applicant, General Contractor, or any Subcontractor listed on the application has any past due charges or fees payable to the city,
if, in view of the proposed location, the proposed use will constitute a traffic safety hazard, will destroy, damage, or impair the ROW or use of the ROW, or will not serve a legitimate purpose.
If the city denies a request to use or occupy a specific portion of the public right-of-way, the requester shall be served a notice of such denial by first class mail. The notice shall indicate that the requester shall have ten days from the date of receipt of the notice to request a public hearing by the city governing body concerning the denial. Failure to make a timely request for a hearing shall constitute a waiver of the person’s right to contest the denial before the governing body. The hearing shall be held by the governing body within 30 days after the filing of the request therefore, and the potential occupant shall be advised by the city of the time and place of the hearing. Following the public hearing, if the city governing body denies a potential occupant’s request to use or occupy a specific portion of the public right-of-way, such determination may be appealed to district court.
ROW Permit Revocation: The City Manager or his or her designee may, in the exercise of its discretion, revoke any ROW Permit if:
The ROW Permit Holder’s use of the ROW creates a traffic or other safety hazard or will otherwise destroy, damage, or impair the ROW or use of the ROW, such that immediate action must be taken to protect the public safety or the ROW;
The ROW Permit Holder violates any provision of the City Code or other law governing the use allowed by the ROW Permit;
The ROW Permit Holder fails to meet any and all conditions imposed upon the issuance of the ROW Permit;
The ROW Permit Holder fails to comply with any submitted plan, including any Temporary Traffic Control Plan; or
The ROW Permit Holder procured the ROW Permit through fraud or misrepresentation.
Any revocation of a ROW Permit shall be in writing, shall specifically state the grounds for the revocation, and shall include an order to cease, forthwith, use of the ROW.
ROW Permit Inspections and Closeout Requirements.
Inspection of ROW Work. The ROW Permit Holder is responsible for notifying the City Manager or his or her designee at least 48 hours in advance of the commencement of use of the ROW. Any use completed without proper notification may be required to be removed. Inspection hours are from 8:00 a.m. to 4:00 p.m., Monday through Friday, excluding City holidays. Any after-hours’ inspection requests will be considered on a case-by-case basis, and will require additional Inspection Fees.
All permit close out requirements in this Section shall be completed within 5 business days of the completion of the scope of work listed in the permit. Failure to comply with the provisions of the requirements may result, in the discretion of the City Manager or his or her designee, in an applicant not being able to apply for additional ROW Permits until any and all permits are properly closed out in accordance with the provisions of this Section.
ROW Permit Close Out Requirements:
An electronic notification to the City Manager or his or her designee that the work described in the permit has been completed and passed inspection. The method and form of the electronic notification shall be provided on the ROW Permit. The electronic notice shall include, but not limited to, the date of completion and if any work not listed on the permit was performed.
A post-construction inspection shall be required. Please notify the City manager or his or her designee 48 hours in advance that construction and reclamation has been completed and is ready for inspection.
A photo log shall be required. The form and content of the photo log will be submitted on the City of Goodlands website or by other electronic means as determined by the City Manager or his or her designee. The photo log shall include, but is not limited to, a series of pictures documenting the work site before and after the permitted work has been completed.
Sec. 15-703 Contractor and Crew requirements for work in the ROW
Any person performing work in the ROW shall comply with the requirements of this Section of the Regulations and shall present proof of compliance as required prior to performing any work in the ROW:
General Contractors. General Contractors must have contractual privity directly with a ROW User or Service Provider shall have the following prior to performing work in the ROW:
a valid General Contractors license with the City of Goodland,
apply for a KDHE NOI for Construction Stormwater Permit if the project is to disturb more than one acre, and
any and all required insurance and bonds in accordance with these Regulations and of the City Code, as amended.
Subcontractors. Subcontractors must have direct contractual privity with a General Contractor that has a direct contract with a ROW User or Service Provider. A subcontractor cannot contract any of the services that they have been contracted or otherwise engaged to complete. The City Manager or his or her designee may waive this requirement upon written request if it finds, in its discretion, that good cause for the waiver has been shown. Subcontractors shall have the following prior to performing work in the ROW:
a valid General Contractors license with the City, and
any and all required insurance and bonds in accordance with these Regulations and of the City Code, as amended, unless a written agreement indemnity agreement between the Subcontractor and the General Contractor is provided in which the General Contractor agrees to either indemnify the Subcontractor or provides an insurance certificate and bond that lists the Subcontractor as covered by the insurance policy and bond.
Sec.15-704 Installation of Underground Telecommunications Lines.
Underground Broadband Facilities installed by Service Providers or ROW Users shall be installed parallel to the roadway (longitudinally) between the right-of-way line and toe of backslope (back line of the ditch bottom) on the rights of way of non-interstate fully controlled access highways, partially controlled access highways, and non-access-controlled highways. Such longitudinal installations shall be:
Placed in a conduit that includes a tracer wire or be comprised of armored fiber cable or other material that the City Manager or his or her designee determines allows tracing.
Hand holes for Underground Broadband Facilities less than or equal to 3-foot x 4 foot for branch connections may be located in a location approved by the City Manager or his or her designee; on other department property approved by the City Manager or his or her designee or on private right-of-way. At the City Manager or his or her designee’s discretion, hand holes less than or equal to 3-foot x 4 foot to aid line installation may be located mid-mile. Hand holes shall be flush and maintained in a flush condition to the existing ground and structurally adequate to withstand highway maintenance operations and operations by other users of the right-of-way. Hand holes larger than 3-foot x 4 foot and Vaults shall be located on private right-of-way.
Install the fiber system a minimum of 42 inches (1.07 meters) below ground, except as otherwise specified.
Install the fiber system a minimum of 60 inches (1.52 meters) below the bottom of all culverts on the ROW, or around the end of the culvert (field side) and 60 inches (1.52 meters) below the bottom of the cleaned-out ditch, whichever is greater.
In the event a fiber system has to be located in the ditch, place system a minimum of 60 inches (1.52 meters) from the bottom of the existing flow line. This 60” depth should extend at least 50 feet in each direction from the centerline of the culvert.
Boring Pits for boring, tunneling, horizontal directional drilling (HDD), or jacking will typically be outside of the right-of-way. If bore pits are allowed on right-of-way, they should be located at the outer edge of the right-of-way. Bore pits will not be permitted in the highway median and will not be permitted closer to the roadway than toe of fill in fill sections or toe of shoulder slope in ditch sections.
Casing and pipeline installations shall be accomplished by dry boring, tunneling, HDD, jacking, trenching, or other approved methods.
Water jetting or tunneling is not allowed, but water-assisted or wet boring may be permitted if determined by the City Manager or his or her designee to not result in excessive erosion or unacceptable moisture conditions in the roadway subgrade.
The hole diameter resulting from bored or tunneled installations shall not exceed the outside diameter of the utility pipe, or cable or casing including coating by more than 1.5 inches on pipes with an inside diameter of 12 inches or less; or two inches on pipes with an inside diameter greater than 12 inches.
If an oversized excavation is not already filled by the drilling slurry after product pull-through, the void shall be grouted. Grout or other approved backfill material shall be used for pipe of 12 inches or more in diameter, and for over breaks, unused holes, or abandoned pipe. The composition of the grout shall be a cement mortar, a slurry of fine sand or fine granular material, subject to the City Manager or his or her designee approval. If the oversized excavation is not already filled by the drilling slurry after product pull-through, the void shall be grouted. Grout or other approved backfill material shall be used for pipe of 12 inches or more in diameter, and for over breaks, unused holes or abandoned pipe. The composition of the group shall be a cement mortar, a slurry of fine sand or fine granular material, subject to the City Manager or his or her designee’s approval.
The manufacturer’s guidelines and industry standards for equipment set-up and operation shall be followed. The Service Provider for ROW User shall assess soil conditions to determine the most appropriate installation technique. Underground bore paths or tunnels shall be tracked and recorded by the Service Provider or ROW User. Failed bores shall be appropriately abandoned by the Service Provider or ROW User.
Drilling fluids shall be prepared and used according to fluid and drilling equipment manufacturers’ guidelines. The utility shall use fluid containment pits at both bore entry and exit points and shall use appropriate operational controls in order to avoid heaving or loss of drilling fluids from the bore.
Antifreeze additives shall be non-toxic and biodegradable products.
Depending upon chemical composition of the specific method of disposal, improperly disposed drilling fluids may be classified as solid wastes or Illicit discharges and in general shall be pumped or vacuumed from the construction area, removed from the right-of-way and disposed of at permitted facilities that specifically accept such wastes.
Disposal of drilling fluids into storm drains, storm sewers, roadside ditches or any other type of man-made or natural waterway is expressly prohibited.
Sec. 15-705. Health, safety, and welfare regulations.
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 of Goodland.
Sec. 15-706. Specific portions of right-of-way restricted.
(a) The city hereby prohibits the use or occupation of a specific portion of public right-of-way by a provider due to a reasonable public interest necessitated by public health, safety and welfare so long as the authority is exercised in a competitively neutral manner and is not unreasonable or discriminatory. A reasonable public interest shall include the following:
(1) The prohibition is based upon a recommendation of the city engineer, is related to public health, safety and welfare and is nondiscriminatory among providers, including incumbent providers;
(2) The provider has rejected a reasonable, competitively neutral and nondiscriminatory justification offered by the city for requiring an alternate method or alternate route that will result in neither unreasonable additional installation expense nor a diminution of service quality;
(3) The city reasonably determines, after affording the provider reasonable notice and an opportunity to be heard, that a denial is necessary to protect the public health and safety and is imposed on a competitively neutral and nondiscriminatory basis; or
(4) The specific portion of the public right-of-way for which the provider seeks use and occupancy is environmentally sensitive as defined by state or federal law or lies within a previously designated historic district as defined by local, state or federal law.
Sec. 15-707. Compliance with Manual of Uniform Traffic Control Devices.
Any occupant of the public right-of-way shall comply with the provisions of Standards and Guides for Traffic Controls for Street and Highway Construction, Maintenance, Utility, and Incident Management Operations Part VI of the Manual of Uniform Traffic Control Devices (MUTCD), published by the U.S. Department of Transportation, Federal Highway Administration, 1988 Edition, Revision 3, dated September 3,1993, which is incorporated herein by reference as if fully set forth herein.
Sec. 15-708. Placement of Facilities in the Right-Of-Way.
The city shall have the right to control placement of facilities within the public right-of-way so as to not interfere with facilities already existing in the public right-of-way and with future plans for use of the public right-of-way by the city.
Sec. 15-709. Emergencies.
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 public right-of-way may begin that repair or emergency response work or take any action required under the circumstances, provided that the 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.
Sec. 15-710. Repair.
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 plus 25% administrative fee.
Any occupant of the public right-of-way is hereby required to repair any and all damage to any facilities maintained by the city or facilities of any other occupant of the 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 plus 25% administrative fee.
In restoring the right-of-way, the occupant guarantees its work and shall maintain it for 24 months following its completion. During the 24 months the occupant shall, upon notification from the city, correct all restoration work to the extent necessary, using any method as required by the city. Said work shall be completed within a reasonable time, not to exceed 30 calendar days, of the receipt of notice from city. In the event the occupant is required to perform new restoration pursuant to the foregoing guarantee, the city shall have the authority to extend the guarantee period for such new restoration for up to an additional 24 months from the date of the new restoration. The 24-month guarantee period shall be applicable to failure of the surface as well as failure below the surface. Payment of an excavation fee shall not relieve the occupant of the obligation to complete the necessary right-of-way restoration.
The occupant responsible for the excavation who leaves any debris in the right-of-way shall be responsible for providing safety protection in accordance with the latest edition of the Manual on Uniform Traffic Control Devices and any applicable federal or state requirement.
If an excavation cannot be back-filled immediately and left unattended, the permittee shall securely and adequately cover the unfilled excavation. The permittee has sole responsibility for maintaining proper barricades, safety fencing and/or lights as required, from the time of the opening of the excavation until the excavation is surfaced and opened for travel.
Payment of any fees shall not relieve the Permit Holder of the obligation to complete the necessary Right-of-Way Restoration.
Sec. 15-711. Relocation.
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 political subdivision. Such relocation or adjustment shall be completed as soon as reasonably possible within the time set forth in any request by the city for such 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.
Sec. 15-712. Fees, Additional Fees, Exceptions.
The following fees shall be assessed against occupants of the public right-of-way:
A permit fee of $4.00 per opening (including vaults and pedestals);
An excavation fee of $4.00 plus $.25 per foot of ditch or trench opening for each street or pavement cut;
A boring fee of $4.00 per street if the proposed use requires the applicant to bore underneath the street;
Repair and restoration costs associated with repairing and restoring the public right-of-way because of damage caused by the provider, its assigns, contractors, and/or subcontractors in the right-of-way; and
Any additional Inspections or After-hours Inspections an additional fee of $150.00 per inspection
The City Manager or his or her designee may, in exercise of discretion, waive, or refund ROW Permit Fees or Additional ROW Fees.
Sec. 15-713. Indemnity.
(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 this 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.
Sec. 15-714. Claim notification.
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.
Sec. 15-715. Penalty provision.
Any person, firm, corporation, association, utility, or entity, or agent, contractor or subcontractor thereof, violating any provision of this article, 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.
Failure to Restore ROW: Restoration of the ROW shall be completed within 10 days of the completion of the use of the ROW. If weather does not allow full restoration within that time, then it shall be restored to the extent possible and a schedule for full restoration shall be set by the City, with consultation of the ROW Permit Holder. If restoration is not completed within that timeframe, then the City may complete restoration and charge the ROW Permit Holder the costs of restoration plus a 25% administrative overhead fee.
Found Working Without the Proper Permit: If any person or business entity, however constituted, is determined to be using the ROW without a valid ROW Permit, unless otherwise exempted by the City Code, such person or business entity shall be made to cease all activity forthwith until such time that a valid ROW Permit is obtained and such person or business entity shall be subject to pay an additional fee for failure to obtain a valid ROW Permit. This additional fee shall be $250 or an amount equal to the total of the ROW Permit Fee and any Additional ROW Fee, whichever amount is higher. The persons or business entity shall also be subject to whatever penalty is available under the City Code, including but not limited to criminal prosecution.
SECTION 2. This ordinance shall be in force and take effect after its publication in the Goodland Star News.
PASSED AND ADOPTED this 15th day of December, 2025, by the Governing Body of the City of Goodland, Kansas.
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Jason Showalter, Mayor
ATTEST:
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Mary Volk, City Clerk
