HomeMy Public PortalAboutOrd 351 Right-of-Ways and Lands
(First Published in the Ark Valley News
on the ~ day of ~-\- , 2001.)
THE CITY OF BEL AIRE, KANSAS
ORDINANCE NO. 3S- /
AN ORDINANCE REGULATING THE PUBLIC
LANDS AND THE RIGHTS-OF-WAY WITHIN THE
CORPORATE LIMITS OF THE CITY OF BEL AIRE,
KANSAS.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE,
KANSAS:
Section 1. Permission Reauired.
It is unlawful for any individual, proprietorship, partnership, company,
corporation, municipal corporation or other entity to construct, erect, lay or
otherwise place any pipeline, transmission line, main, pole, tower, sign or other
structure above, across, upon or within any public land or right-of-way within the
corporate limits of the City of Bel Aire, Kansas without prior written permission by
the governing body of the City of Bel Aire, Kansas or its designee.
Section 2. Exemption.
The replacement of a pipeline, transmission line, main, pole, tower, sign or
other structure currently constructed, erected or otherwise placed above, across,
upon or within any public land or right-of-way with in the corporate limits of the
City of Bel Aire, Kansas shall be exempted from the provisions of Section 1 of
this Ordinance, if said replacement is an exact location replacement.
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Section 3. Aoolication.
Application for written permission by the City of Bel Aire, as referenced in
Section 1 of this Ordinance, shall be made in writing and include a sketch, plans
or drawings detailing the requested location of construction, erection or
placement above, across, upon or within the public land or right-of-way.
Section 4. Written Permission.
Prior to granting written permission concerning any public land or right-of-
way, the City of Bel Aire shall ascertain the location of all other utilities, pipelines
and structures above, across, upon and within said public land or right-of-way.
Written permission concerning any public land or right-of-way shall be
subject to and conditioned upon:
1. Written instructions from the City of Bel Aire, Kansas concerning
exact location and placement above, across, upon or within the public land or
right-of-way; and
2. An agreement that the applicant shall be solely responsible for all
costs of relocating any pipeline, transmission line, main, pole, tower, sign or other
structure constructed, erected or otherwise placed above, across, upon or within
any right-of-way, if necessary for the improvement of any roadway contained
within said right-of-way.
Section 5. Penalty.
Any person, proprietorship, partnership, company, corporation, municipal
corporation or other entity violating Section 1 of this Ordinance shall, upon
conviction thereof by the Municipal Court of the City of Bel Aire, be fined in an
amount not to exceed five hundred dollars plus court costs. Each day constitutes
a separate violation.
Section 6. Effective Date
This Ordinance shall take effect and be in force from and after its
publication in the official city newspaper.
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Passed by the City Council this ,;73 day of CJC~/l ,2001.
Approved by the Mayor this .J3 day of () L:ti~-1 , 2001.
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CITY CL RK, SHERRYL L. CUTTER
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