It is unlawful for any person to cut pavements or excavate in a street, alley or public thoroughfare within the City without a permit issued by the Director of the Department of Public Works.  This Section shall not apply to employees of the City or to work performed under a public improvement contract with the City, but shall apply to work performed by public utilities and private contractors.

(Code 2015)

A.    A person finding it necessary to cut any sidewalk or pavement or excavating in any street, alley or public property shall first file an application for permit and performance bond with the Director of the Department of Public Works.  The permit must be granted prior to any excavation or work being performed on the streets, alleys, public thoroughfares or public rights-of-way.  The application shall set out, at a minimum, the following:

1.    The location of the proposed cut or excavation.

2.    The purpose of the proposed work.

3.    The estimated time required to complete the work.

4.    The dates the work is to be performed.

5.    A description of the placement of any warning barricades or lights to warn of a dangerous condition.

6.    A description of the work to be performed in sufficient detail to allow for inspection by the Director of Public Works or his designee.

B.    A bond shall be required by the Department of Public Works, on a form approved by the City Attorney, guaranteeing performance of any work that is permitted by the Director of the Department of Public Works.  The Director of Public Works shall set a bond amount equal to one hundred twenty-five (125) percent of the Director of Public Work’s estimate of the cost of repairing any damage to the pavement, street or public thoroughfare.  The bond shall be conditioned that the applicant will properly barricade and protect the cut or excavation, and the applicant will indemnify and save harmless the City from any and all loss, damage and expense, including attorney’s fees, arising out of the applicant’s work.  The bond shall be further conditioned that the applicant will pay the City the cost of refilling and repairing the pavement if the refilling and repairing is not properly done by the applicant.  The Director of Public Works may waive the requirement for a bond or permit or both if the Director believes the City’s best interests are adequately protected.

(K.S.A. 68-2101 et seq.; Code 2015)

Upon the filing of the application and approval of the bond in accordance with Section 18-302, the Director of Public Works shall issue a permit to the applicant to proceed with the work.

(Code 2015)

Every person who cuts any pavement or makes any excavation or obstruction of any of the public thoroughfares or public grounds within the City or so near as to such public thoroughfares and public grounds as to be dangerous to those traveling upon such streets and grounds shall establish and maintain warning signs and barricades about such cuttings or excavations or obstructions to warn the public and prevent users of the sidewalks and public thoroughfares from being damaged.  During the nighttime such persons shall, in addition to such barricades, maintain a sufficient number of yellow lights and/or torches to effectively warn the users of the sidewalks and public thoroughfares of the existence of a dangerous condition.

(Code 2015)

In addition to any civil remedy, including compensatory damages and injunctive relief, violation of this article is punishable by a fine of up to five hundred dollars ($500.00) per day for each violation.

(Code 2015)