FBCO Asks To Build Awning Across Rear Alleyway

The First Baptist Church of Olney is seeking permission from the city to construct an awning that would extend over a public alley, prompting discussion from city leaders about property rights, liability, and long-term precedent.

The request was brought before the Olney City Council on April 13, where Mayor Rue Rogers outlined the proposal and asked for guidance on how the city might proceed.

According to Mayor Rogers, the church is constructing a new education building south of its main campus and wants to connect it to the sanctuary with a covered walkway.

“They’re wanting to construct an awning from the education building into the main building… and that goes over the alley,” Mayor Rogers said.

The structure would span a city-owned alley that contains underground utilities, but church officials indicated the awning would be built high enough — approximately 16 feet — to allow vehicles and equipment to pass underneath.

The goal, Mayor Rogers said, is to provide weather protection for people moving between buildings, including the ability to drive up, drop off passengers, and enter either facility without exposure to rain.

City Attorney Bill Myers cautioned council members against allowing permanent construction over public rightsof- way, noting that alleys are dedicated for public use and often contain critical infrastructure.

“You can normally not build anything over an alley… there are utility lines,” Mr. Myers said.

His primary concern centered on access. If the city needed to repair a water, sewer or gas line beneath the alley, any structure above it could complicate or delay emergency work.

“My concern would be… if we have a big leak… is that going to destroy their awning to fix that line?” Mr. Myers said.

Mayor Rogers noted that the church’s proposal acknowledges that risk and accepts responsibility if the structure must be removed or damaged during repairs.

“They recognize that… if there was some sort of utility issue… the city has every right,” Mayor Rogers said, adding that repair costs would fall to the church.

Rather than granting outright permission to build over the alley, Mr. Myers suggested the city consider a more limited legal arrangement known as a “license to use real property.”

That approach would allow the church to use the space without transferring ownership or permanently altering the city’s rights.

“You don’t actually convey the real property, but you have a specific use… like an easement,” Mr. Myers said.

He said such an agreement would ensure the city retains full authority over the alley and its utilities, while making clear that any future repairs would take priority over the structure.

“It’s going to take precedence over anything they build,” Mr. Myers said.

For now, council members took no action, leaving the proposal under consideration as city officials weigh how to balance private use with public infrastructure needs.