The space available in city utility right of ways is limited. Because more utility providers are requiring space in city right of ways, a new ordinance to manage that space was adopted by the Great Bend City Council on March 18.

The city’s utility ROWs are becoming occupied by more utility providers and the space is becoming more crowded with increasing technology, city officials said. A new ordinance was needed to regulate the work.

Great Bend City Attorney Allen Glendenning worked on the ordinance and presented it to the city council. He researched ordinances in other cities that deal with this issue.

City Manager Brandon Anderson said the administration did not want to impose new undue burdens on the city’s providers, so a copy of the original draft was provided to those currently occupying the ROW. Those working on the ordinance met with representatives from utilities and made some tweaks based on their suggestions. All of the right-of-way users that talked to the administration approved of it. It had the approval of each of the departments in the city as well, Anderson said.

Ed Crist, representing Kansas Gas Service, was at the March 18 city council meeting and expressed approval.

“Kansas Gas appreciates the opportunity to work with the city on this ordinance. It’s very comprehensive and well written – hats off to everybody involved with it,” he said.

The ordinance recognizes the City’s primary role as chief steward of the right of way and its duty to its citizens to recover the costs of managing the ROW. It clarifies and regulates conditions of occupancy and construction for those ROW users occupying space with the city’s ROW, given the anticipated increased use of the space.

Items in the resolution include penalties for violations, ranging from $250 to $1,000. Every day that a violation occurs shall constitute a separate offense.

The ROW use by others is subordinate to the City’s use or occupation. Items should be located and laid so as not to disrupt or interfere with any pipes, drains, sewers, irrigation systems or other structures or public improvements already installed.

Another section of the ordinance states it is unlawful for any person to injure or destroy a tree growing wholly or partially in or on any street, alley, avenue or public way without the consent of the abutting landowner and the city council.