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88-9248 Streets Sidewalks Publi(Published in The Salina Journal April ,1?, 1988) ORDINANCE NUMBER 88-9248 AN ORDINANCE DETERMINING THE PROCEDURE AND THE CONDITIONS UPON WHICH A PERMIT CAN BE GRANTED AUTHORIZING THE CONSTRUCTION OF IMPROVEMENTS BY ABUTTING PROPERTY OWNERS WHICH USE A PORTION OF THE AIR SPACE ABOVE THE ALLEYWAYS LOCATED WITHIN SALINA BUSINESS IMPROVEMENT DISTRICT NUMBER 1. BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. That Chapter 35 of the Salina Code is hereby amended by adding Section 35-40.1 which shall read as follows: (b) The proposed improvement may be approved only if it is a minimum of eight feet above the highest grade elevation of the alleyway. In addition, any proposed improvement to be located in an alleyway maintained by the City with mechanized street sweeping equipment shall be approved only if it is determined by the Director of General Services that the physical presence of the proposed improvement will not inhibit the use of such equipment. (c) The property owner execute an agreement acknowledging responsibility for all ongoing maintenance necessary to keep the improvements in a good state of repair and appearance. (d) The property owner execute an agreement to hold the City harmless and to indemnify the City for any loss, cost or damage caused by such use and to procure and maintain public liability insurance covering the improvements for limits of not less than the maximum liability for claims which could be asserted against the City for any number of claims arising out of a single occurrence or accident under the Kansas Tort Claims Act, as it now exists or may hereafter be amended. "Section 35-40.1. Use of air space above the alleyways within Business Improvement District #1. In the event any owner of property abutting an alleyway within the boundaries of Salina Business Improvement District Number 1 requests a permit to use a portion of the air space above the alley for improvements to the property, the zoning administrator may grant such a permit following review and recommendation by the Salina Business Improvement District Number 1 Design Review Board. Authorized improvements shall consist of awnings, canopies, marquees and signs. The application for such permit shall be made in conjunction with the building permit application for the improvements. Minimum requirements for consideration for a permit shall be that: (a) The proposed improvements extend over the alleyway no more than one-half the width of the alleyway. (b) The proposed improvement may be approved only if it is a minimum of eight feet above the highest grade elevation of the alleyway. In addition, any proposed improvement to be located in an alleyway maintained by the City with mechanized street sweeping equipment shall be approved only if it is determined by the Director of General Services that the physical presence of the proposed improvement will not inhibit the use of such equipment. (c) The property owner execute an agreement acknowledging responsibility for all ongoing maintenance necessary to keep the improvements in a good state of repair and appearance. (d) The property owner execute an agreement to hold the City harmless and to indemnify the City for any loss, cost or damage caused by such use and to procure and maintain public liability insurance covering the improvements for limits of not less than the maximum liability for claims which could be asserted against the City for any number of claims arising out of a single occurrence or accident under the Kansas Tort Claims Act, as it now exists or may hereafter be amended. Section 2. That nothing in this ordinance shall supersede a more restrictive provision contained in any other ordinance of the City of Salina. Section 3. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. [SEAL] ATTEST: Obert K. Biles City Cler-K 1 Introduced: April 18, 1988 Passed: April 25, 1988 l Sydne/Soderberg, Mayor (e) The property owner execute an agreement acknowledging that the permit shall be subject to revocation by the Board of Commissioners if the property is required for public purposes or if the property owner fails to comply with any condition of the permit and that in either such event the improvements shall be immediately removed without compensation. (f) The property owner execute an agreement acknowledging that in the event of an imminent threat to public health or safety, the City Manager may direct the immediate removal of the improvement without compensation." Section 2. That nothing in this ordinance shall supersede a more restrictive provision contained in any other ordinance of the City of Salina. Section 3. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. [SEAL] ATTEST: Obert K. Biles City Cler-K 1 Introduced: April 18, 1988 Passed: April 25, 1988 l Sydne/Soderberg, Mayor