04/10/2018 Ordinances 9683ORDINANCE NO. 9683
An ordinance to amend Chapter 32, Article VII, of the Grand Island City Code; to
amend Section 32-69; to repeal any ordinance or parts of ordinances in conflict herewith; and to
provide for publication and the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Grand Island City Code Chapter 32 Streets and Sidewalks, Article
VIL Occupancy of Public Right of Way, Section 32-69 is hereby amended to read as follows:
§32-69. General
(1) It shall be unlawful for any person, as defined in § 1-2 of this code, to use, occupy or
obstruct any portion of any street, alley, sidewalk, easement or other public right-of-
way or real estate owned by or under the control of the City of Grand Island without
first applying for, securing and executing a License Agreement and paying the
processing fee in accordance with the City of Grand Island Fee Schedule, which fee
shall not be refundable. The procedure for application and review of a license
agreement shall be as follows:
(A) An applicant or their agent shall file an application and a processing fee shall
be paid in the Public Works Department on forms to be provided by the
City.
(B) The Public Works Department shall review the information provided on the
application and shall distribute copies of said application to such
departments and agencies within the City as may have an interest in or be
affected by the proposed use set out in the application for review, comment
and/or recommendations.
(C) The application for license agreement shall be approved, unless a department
or agency of the City finds that the proposed use violates a federal, state or
local statute, regulation, ordinance, code, rule, regulation or policy or
impedes, impairs, diminishes the use of the public land by the City, the
public or other person which has a lawful right to use and/or occupy said
lands.
(2) The Public Works Director or his/her designee, upon receipt of comments and/or
recommendations from the aforementioned departments and agencies, may approve,
or disapprove, in whole or in part an application for license agreement. The director
or his/her designee may specify such conditions and terms to be included in the
Approved as to Form tt
April 9, 2018 � ity rney
ORDINANCE NO. 9683 (Cont.)
requested license agreement as are necessary and prudent to protect the interests of
the City, public, or any person which has a lawful right to use and/or occupy said
lands. The director shall inform the applicant or their agent in writing of any
decision disapproving in whole or in part the application for license agreement, said
decision to be sent to the address shown on the application.
(3) In the event an application submitted under (1) above is disapproved in whole or in
part, the applicant, within fifteen (15) days of the date of the decision by the Public
Works Director or his/her designee, may request that the application be placed on the
agenda at a regular meeting of the Mayor and City Council for review and final
decision. A request for review shall be made in writing and filed in the Public Works
Department, along with the appeal fee set out in the Grand Island Fee Schedule.
(4) This section shall not apply to:
(A) personal property which is not affixed or attached to the real estate except
movable buildings or structures; and
(B) underground lawn irrigation systems encroaching into public Right-of-Way
except when license agreements are required to obtain Federal or State
Transportation Funds for an improvement project.
(i) A processing fee is not required for a license agreement for
underground lawn irrigation systems encroaching into public Right-
of-Way in connection with Federal Transportation Funded projects.
(ii) Placement and maintenance of underground lawn irrigation systems
and related components in the public Right-of-Way is at the sole risk
of the owner thereof. Any such occupancy and use of the public
Right-of-Way shall be subject to and inferior to the occupancy and
use of the public Right-of-Way by the City, its franchisees, public
utilities, and the interests of the general public.
(5) Underground vault space under public sidewalk on buildings constructed prior to
1972 in the Downtown Improvement Parking District, as defined in Section 13-1 of
the Grand Island City Code, are maintained solely at the sufferance of the City. The
City reserves the authority to require structural upgrades or removal if in the interest
of public safety.
Amended by Ordinance No. 9372, effective 04/03/2012
Amended by Ordinance No. 9391, effective 08/14/2012
SECTION 2. Any ordinances or parts of ordinances in conflict herewith be, and
hereby are, repealed.
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ORDINANCE NO. 9683 (Cont.)
SECTION 3. This ordinance shall be in force and take effect from and after its
passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: April 10, 2018
Attest:
Jere .Jen n, yo
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RaNae Edwards, City Clerk U� T� 20
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