The purpose of this policy is to outline the requirement for city of Valley Center employees to properly locate utility lines before beginning any project which involves digging or excavation (i.e. planting trees or shrubs, installing street signs, building construction, etc.). The policy will help promote an environment of safety and to eliminate utility service interruptions in the city of Valley Center.
(Ord. 1229, § 1, 8-2-2011)
Utility locates are required prior to commencing work for almost any excavation and per Kansas law an excavation is defined as the following:
"Excavation"
means any operation in which earth, rock or other material below the surface is moved or otherwise displaced by any means.
(Ord. 1229, § 1, 8-2-2011)
No city of Valley Center employee or representative thereof conducting work on behalf of the city shall engage in excavation near the location of any underground facility without first having ascertained, in the manner prescribed herein, a location of all underground facilities in the proposed area of the excavation.
A. 
Except in the case of an emergency, all city employees shall serve notice of intent of excavation at least two full working days, but not more than fifteen (15) calendar days before the scheduled excavation start date.
B. 
The notice of intent to excavate or any subsequent updates shall be valid for fifteen (15) calendar days after the excavation start date and such notice shall only describe an area in which the proposed excavation reasonably can be completed within the fifteen (15) calendar days.
C. 
When serving a notice of intent, city employees shall provide the name, address and telephone number of the person filing the notice of intent, the name of the excavator, the date the excavation activity is to commence and the type of excavation being planned. The notice shall also contain the specific location of the excavation.
D. 
In the case of an emergency which involves danger to life, health or property or which requires immediate correction in order to continue the operation of an industrial plant or to assure the continuity of public utility service, excavation, maintenance or repairs may be made without using explosives, if notice and advice thereof, whether in writing or otherwise are given to the operator or notification center as soon as reasonably possible.
E. 
When any contact with or damage to any underground facility occurs, the operator of such utility shall be informed immediately by the city. The city employee responsible for the excavation shall also immediately notify the public works director, who shall notify the city administrator. If the protective covering of an electrical line is penetrated or dangerous gases or fluids are escaping from a broken line, the employee immediately shall inform emergency personnel and take any other action as may be reasonably necessary to protect persons and property and to minimize hazards until arrival of the operator's personnel or public safety responders.
City employees shall exercise such reasonable care as may be necessary for the protection of any underground facility in and near the construction area when working in close proximity to any such underground facility. Any employee or agent of the city found by competent evidence to have violated this policy shall be presumed negligent of their duty and be subject to termination or dismissal.
(Ord. 1229, § 1, 8-2-2011)
The city administrator shall monitor those provisions of this policy. Disagreement in interpretation shall be resolved by the city council. The city administrator shall institute administrative policy to implement this policy.
(Ord. 1229, § 1, 8-2-2011)