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Legislation #: 951728 Introduction Date: 12/28/1995
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Chapter 64 of the Code of Ordinances, City of Kansas City, entitled "Streets, Sidewalks and Public Places", by repealing Section 64-115 and adopting in lieu thereof a new section of like number and subject matter, which section shall retain fees for excavation permits and establish fees for street cuts and a new Section 64-110 to provide penalties for violations.

Legislation History
DateMinutesDescription
12/28/1995

Prepare to Introduce

12/28/1995

Referred City Operations Committee

1/3/1996

Hold On Agenda

2/7/1996

Hold On Agenda

3/6/1996

Hold On Agenda

3/13/1996

Do Pass as a Committee Substitute

3/14/1996

Assigned to Third Read Calendar

3/21/1996

Held on Docket

3/28/1996

Held on Docket

4/4/1996

Re-Referred City Operations Committee

4/4/1996

Re-Referred City Operations Committee

4/10/1996

Hold On Agenda

4/17/1996

Hold On Agenda

4/24/1996

Advance and Do Pass as Second Committee Substitute

4/25/1996

Passed As Second Substitute

6/20/1996

Repealed


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SECOND COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 951728

 

Amending Chapter 64 of the Code of Ordinances, City of Kansas City, entitled "Streets, Sidewalks and Public Places", by repealing Section 64-115 and adopting in lieu thereof a new section of like number and subject matter, which section shall retain fees for excavation permits and establish fees for street cuts and a new Section 64-110 to provide penalties for violations.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Section 64-115 of the Code of Ordinances, City of Kansas City, is hereby repealed.

 

Section B. That new Sections 64-110 and 64-115 of the Code of Ordinances, City of Kansas City, is hereby adopted, which section shall read as follows:

 

Sec. 64-110. Prohibited; exception and penalty for violations of article.

 

(a) No person shall make any cut or excavation in, through or under any public place or

public easement or the right-of-way of any public street or alley in the city except as specifically otherwise provided for by ordinance .

 

(b) Whenever a cut or excavation is necessary for the protection of public health and

safety and must be performed outside the normal city working hours, any required permits shall be obtained within three working days of making the cut or excavation.

 

(c) Any person who shall violate, fail, neglect or refuse to comply with any provisions

or requirements of this article shall, upon conviction, be fined not less than $100.00 and not more than $500.00, or be incarcerated for a period not to exceed six months, or punished by both such fine and imprisonment.

 

Sec. 64-115. Fees for excavation permit; fees and penalties for street cuts.

 

(a) Fee for excavation permit. A fee of $22.00 shall be charged for each permit issued under this article, for the purpose of defraying the expense of issuing such permit and of inspecting the excavation authorized by such permit. Such fee, if paid by check, money order, bank draft or other negotiable instrument, shall be made payable to the city treasurer. If paid by cash, such cash shall be remitted daily to the city treasurer, who shall deposit it to the credit of the general fund.

 

(b) Damage restoration fee. All persons making a cut in the street pavement shall pay a street cut damage restoration fee. This fee shall be based on the size of the cut, recognizes that for each cut there is an "area of influence" extending 21" laterally from each edge of the cut that is damaged by the cut and the cost of the repair according to the following formula: (length of cut + 3.5') x (width of cut + 3.5') minus (length of cut x width of cut) x cost per square foot = damage restoration fee.

 

The cost per square foot shall be based on the average cost per square foot of similar work performed for the City and shall be updated annually by the street restoration engineer. Each year on or about May 1st, the street restoration engineer shall notify the city manager and the city council in a written communication of the rates.

 

Persons making cuts in the street shall have the option of repairing the "area of influence" at the same time as they repair the actual permitted cut, by following the rules prescribed by the director of public works for repair of pavement cuts, in such cases the damage restoration fee shall be reduced by 60%. It is recognized that street surfaces more than five (5) years of age have a depreciated value and the damage restoration fee shall be reduced by 40% for cuts in street surfaces greater than five (5) years old. The calculation of the reduced damage restoration fee shall be rounded to the nearest one half dollar.

 

The monies collected shall be placed in the general fund, designated for street preservation and shall be used for the cost of resurfacing the streets of the city.

 

 

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Approved as to form and legality:

 

 

 

 

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Assistant City Attorney