It is unlawful to excavate, construct or install an underground sprinkler (irrigation) system on a public right-of-way within the city, without first obtaining a permit from the city as follows:

A. The application shall be completed by the landowner with a drawing, plan or photograph of the proposed improvement along with a certificate of insurance (if the system is to be located on a public right-of-way of a state or federal highway) naming the city as an additional insured and submitted to the city building inspector. The application shall contain a provision releasing and indemnifying the city, the Kansas Department of Transportation, and any franchise holder of the city from any and all damages which may be caused to the sprinkler system by any of the aforenamed as a result of their use of the public right-of-way.

B. Construction of the proposed improvements shall comply with all applicable city codes and standards.

C. The application shall be reviewed and approved by the Kansas Department of Transportation (KDOT) in those cases where a public right-of-way is a state or federal highway.

D. If the application is approved by the city (and where applicable by KDOT), a permit shall issue specifying the location by address, to excavate, install and operate the system subject to inspection by the city to determine compliance with city codes and proper installation and operation.

E. All city determinations or actions as above referenced shall be made by the city manager or a city employee to whom the city manager has assigned such responsibility and authority. (Ord. G-772 § 1 (part), 1993: prior code § 14-601)