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Legislation #: 150314 Introduction Date: 4/23/2015
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER CIRCO
Title: Amending Chapter 76, Article II, Taxicab Code, by repealing Sections 76-42, 76-75, 76-79, 76-102, 76-103, 76-104, 76-106, 76-116, 76-117, 76-162, 76-207, 76-239 and 76-240 and enacting in lieu thereof new sections of like number and subject matter.

Legislation History
DateMinutesDescription
4/23/2015 Filed by the Clerk's office
4/23/2015 Councilmember Circo (Second by Reed) Move to Advance
4/23/2015 Passed

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150314.pdf Authenticated 1150K Authenticated

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ORDINANCE NO. 150314

 

Amending Chapter 76, Article II, Taxicab Code, by repealing Sections 76-42, 76-75, 76-79, 76-102, 76-103, 76-104, 76-106, 76-116, 76-117, 76-162, 76-207, 76-239 and 76-240 and enacting in lieu thereof new sections of like number and subject matter.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 76, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Sections 76-42, 76-75, 76-79, 76-102, 76-103, 76-104, 76-106, 76-116, 76-117, 76-162, 76-207, 76-239 and 76-240 and enacting in lieu thereof new sections of like numbers and subject matters, to read as follows:

 

Sec. 76-42. Examination of records.

 

Every person to whom a vehicle permit or drivers' certificate has been issued under this article agrees, as a condition precedent to the privilege of holding such vehicle permit or driver’s certificate, that the director or his duly appointed inspectors shall have the right and privilege to require such driver or owner to produce, for the purpose of inspection, any and all vehicle permits, driver’s certificates and other records as required by this code for the purpose of ascertaining compliance by such owner or driver with the provisions of this article at any time. In the case of transportation network companies and transportation network company drivers, any documentation beyond the permit or certificate shall be produced by the transportation network company or by the transportation network driver.

 

Sec. 76-75. Fees.

 

(a)    No person or permit holder shall operate a vehicle in any manner as to provide taxicab, livery vehicle, sightseeing vehicle, or transportation network vehicle service upon the streets of the city until all fees have been paid as follows:

 

(1)               Every taxicab company shall have the option of paying an annual fee of $45,000.00. Every taxicab company that pays the $45,000.00 annual fee will not be required to pay a fee for every taxicab vehicle permit issued on an annual basis. Every taxicab company that chooses not to pay an annual fee of $45,000.00 shall pay $250.00 for every taxicab vehicle permit issued on an annual basis.

 

(2)               Every livery company or transportation network company shall have the option of paying an annual fee of $45,000.00. Every livery company or transportation network company that pays the $45,000.00 annual fee will not be required to pay a fee for every vehicle permit issued on an annual basis. Every livery company or transportation network company that chooses not to pay an annual fee of $45,000.00 shall pay $250.00 for every vehicle permit issued on an annual basis.

 

(3)               The occupation license fee in the amount set forth in section 40-156 shall also be paid.

 

(4)               A vehicle permit replacement fee of $8.00 shall be paid for each replacement vehicle permit.

 

(5)               Vehicle permit fees shall be prorated on a monthly basis.

 

(b)   No transportation network company shall provide access to their transportation network service to any vehicle for hire driver until such driver has paid all fees as outlined in subsection (a) of this section. Permit fees are not subject to proration and shall be in addition to any motor vehicle license tax imposed by the city.

 

(c)    Regulated Industries will review the fee structure within six months from the effective date of this ordinance to determine the balance of costs between the City and permittees and report their finding to the appropriate committee.

 

Sec. 76-79. Duty of vehicle permit and transportation network company permit

holder to enforce compliance by drivers.

 

(a)    Each vehicle permit holder and transportation network company permit holder who provides service under this article shall establish policies and take action to discourage, prevent or correct violations of this code by taxicab, livery vehicle, sightseeing vehicle, transportation network vehicle and pedicab owners and drivers who are employed by or contracting with such vehicle permit holders or transportation network company permit holders.

 

(b)   No vehicle permit holder or transportation network company permit holder who provides service under this article will allow a driver who is employed by or contracting with such a vehicle permit holder to drive a taxicab, livery vehicle, sightseeing vehicle, transportation network vehicle or pedicab if the vehicle permit holder or transportation network company permit holder knows or has reasonable cause to know that the driver has failed to comply with this code or the rules, regulations, and policies and procedures established by the director or other applicable laws.

 

(c)    Each taxicab vehicle permit holder shall insure that all trip sheets received from each taxicab driver are maintained in accordance with section 76-208.

 

(d)   Each vehicle permit holder and transportation network company permit holder who provides service under this article shall insure that no taxicab, livery vehicle, sightseeing vehicle, transportation network vehicle or pedicab vehicle is operated in an unsafe mechanical condition, or with major body damage, or after being ordered out of service by an investigator.

 

(e)    Each taxicab vehicle permit holder will be responsible to provide overall taxicab service to the public.

 

(f)     Each taxicab vehicle permit holder will institute policies and procedures requiring all drivers to respond to radio dispatch calls.

 

(g)    If a request for service has not been answered within 15 minutes, the taxicab vehicle permit holder dispatcher shall order a taxicab to respond to the request immediately, except when weather or other causes outside the control of the vehicle permit holder prevents the 15-minute response.

 

(h)    Each vehicle permit holder and transportation network company permit holder who provides service under this article will promptly respond to all complaints by passengers and other members of the public.

 

(i)      Each vehicle permit holder and transportation network company permit holder will promptly respond to all requests for information from the director.

 

(j)     Before a vehicle permit holder or transportation network company permit holder shall employ or contract with a person to operate a vehicle for hire regulated under this code, the vehicle permit holder or transportation network company permit holder shall require that person to furnish to the permit holder information as needed to ensure all requirements in Section 76-103 have been met. Information that a vehicle permit holder or transportation network company permit holder may ask from a person to ensure all requirements to receive a driver’s certificate under this chapter have been met includes:

 

(1)               Date of application; full name and all previous names; all addresses where the applicant has permanently or temporarily resided for the previous five years; social security number; telephone number; gender; age; weight; height; hair color; eye color; date of birth; place of birth; whether the applicant is a citizen of the United States; date of last physical examination; the names of all other employers; whether the applicant has previously applied for a driver's certificate; whether the applicant has ever had a driver’s certificate issued by the city, any state, county or other local government suspended or revoked and the reasons therefore; Missouri chauffeur's license number or Kansas A, B or C driver's license number, whether the applicant has ever been a member of a military organization of the United States or any state military, the name of the branch of military service, the date and type of discharge.

 

(2)               A list of all traffic violations in any state for the previous five years; whether the applicant has ever been sentenced to a penal institution; whether the applicant is currently under probation or parole and if so the expiration date; whether the applicant has ever been found guilty of, pleaded guilty to or been convicted of any violation (federal, any state or any city) that involves any alcohol or drug offense; whether the applicant has ever been found guilty of, pleaded guilty to or been convicted of any violation (federal, any state or any city) while driving any vehicle, including a taxicab or any other vehicle defined under the vehicles for hire code.

 

(3)               Whether the applicant has ever been found guilty of, pleaded guilty to or been convicted of any violation (federal, any state or any city) murder, arson, assault, forcible rape, forcible sodomy, kidnapping, robbery, voluntary manslaughter, assault of a law enforcement officer, sexual offenses (including child molestation, sexual misconduct, and sexual abuse), possession of controlled substances or illegal drugs or narcotics, burglary, stealing, extortion, bribery, prostitution, weapons offense, crime of violence, indecent exposure, violations of state or city traffic laws and regulations involving injury or death, leaving the scene of a motor vehicle accident, driving under the influence of alcohol or drugs, and operating a motor vehicle with defective equipment.

 

(4)               Whether the applicant is now or has ever been registered as a sexual offender with any state, county or local government.

 

Sec. 76-102. Application.

 

(a)    Filing. Every person desiring to drive a taxicab, livery vehicle, sightseeing vehicle, transportation network vehicle or pedicab on the streets of the city shall file with the director a written application for a driver's certificate. Any application which is incomplete for a period of 60 days after the date of filing with the director shall be disapproved by the director.

 

(b)   Application form. The application for a driver's certificate shall be made upon a form to be provided by the director and shall request not less than the information specified in section 76-79(j) and such other information as may be deemed proper by the director.

 

(c)    Documents submitted with application form. No application for a driver's certificate to drive horse-drawn sightseeing vehicles shall be complete unless the applicant submits a vehicle permit holder's written certification that the applicant is qualified and able to safely drive horse-drawn vehicles under urban street traffic conditions.

 

Sec. 76-103. Qualifications of applicant.

 

(a)    Every applicant for a driver's certificate under this division shall:

 

(1)               Be 18 years of age or older and be of good moral character.

 

(2)               Be of sound physique, have good eyesight and hearing and not subject to epilepsy, vertigo, heart trouble or any other infirmity of mind or body which might render him unfit to drive and operate a taxicab, livery vehicle, sightseeing vehicle, transportation network vehicle or pedicab safely on the streets of the city.

 

(3)               Be able to read, write, speak and understand the English language.

 

(4)               Be clean and neat in dress and person, and not addicted to the use of intoxicating liquor or drugs.

 

(5)               Hold an A, B or C, CDL license in the State of Kansas or an A, B or C CDL license or an E license in the State of Missouri. The applicant shall include the number of the CDL license on the application for the driver's certificate under this article, and shall submit a copy of the applicant's state operating record with the application.

 

(b)   A driver's certificate shall not be issued to any person who:

 

(1)               Has been found guilty of, pleaded guilty to or been convicted of a felony (federal or any state) for first degree murder, second degree murder, first degree arson, first degree assault, forcible rape, forcible sodomy, kidnapping, first degree robbery, voluntary manslaughter, or first degree assault of a law enforcement officer.

 

(2)               Has been found guilty of, pleaded guilty to or been convicted of a felony or misdemeanor (federal or any state) for sexual offenses including but not limited to first degree child molestation, second degree child molestation, sexual misconduct involving a child, first degree sexual misconduct, second degree sexual misconduct, third degree sexual misconduct, and sexual abuse.

 

(3)               Is now or has ever been registered as a sexual offender with any state, county or local government.

 

(4)               Within five years of the date of application has been found guilty of, pleaded guilty to or been convicted of a felony or misdemeanor or, if information available, has been released from confinement for or completed probation or parole for a felony or misdemeanor conviction within one year of the date of application involving drugs or narcotics, robbery (other than first degree robbery), burglary, stealing, extortion, bribery, prostitution, any weapons offense, or crime of violence other than those set forth in (b)(1) and (2).

 

(5)               Has been found guilty of, pleaded guilty to or been convicted of an ordinance violation or, if information available, has been released from confinement for an ordinance conviction, whichever event is later, within two years where such finding of guilt, plea of guilt or ordinance conviction for indecent exposure, prostitution, stealing, or possession of controlled substances or illegal drugs or narcotics.

 

(6)               Within five years of the date of application has been found guilty of, pleaded guilty to or been convicted of a violation of a state traffic law or a traffic ordinance of any city involving leaving the scene of a motor vehicle accident or driving under the influence of alcohol or drugs during which a person was injured or died.

 

(7)               Within three years of the date of application has been found guilty of, pleaded guilty to or been convicted of a violation of state law or a traffic ordinance of any city involving leaving the scene of a motor vehicle accident or driving under the influence of alcohol or drugs, but not involving injury or death.

 

(8)               Applies for a driver's certificate and has been found guilty of, pleaded guilty to or been convicted of more than four moving traffic violations including operating a defective vehicle within three years of the date of application, or has been found guilty of, pleaded guilty to or been convicted of more than two moving traffic violations including operating a defective vehicle within one year of the date of application.

 

(9)               Applies for a renewal of a driver's certificate and has been found guilty of, pleaded guilty to or been convicted of more than five moving traffic violations including operating a defective vehicle within three years of the date of the renewal application and has been found guilty of, pleaded guilty to or been convicted of more than two moving traffic violations including operating a defective vehicle with any state, county or local government within one year of the date of the renewal application.

 

(c)    Except for transportation network company drivers, the director shall prepare and administer a written and oral test for new applicants that will test the applicant's:

 

(1)               Knowledge of vehicles for hire requirements and driver requirements contained in applicable codes and regulations.

 

(2)               Ability to read, write, speak and understand the English language sufficient to satisfy the standards as approved by the director to operate a vehicle for hire.

 

(3)               Knowledge of the geography of the city and the area, and knowledge of local public and tourist destinations and attractions.

 

(d)   An applicant who fails the written and/or oral examination may retake the examination once at no additional charge. If the applicant fails the second test or any test thereafter, the person shall not be permitted to retake the test for 60 days after failure, and for each additional test the applicant shall pay another application fee.

 

(e)    The written and oral examination is not required for the renewal of a driver's certificate unless the applicant's driver’s certificate has remained expired for more than one year.

 

Sec. 76-104. Investigation.

 

(a)    Criminal background investigation. After a complete and fully executed application for a driver's certificate has been filed with the director, the application will be investigated. The applicant may ask the director to conduct the criminal background investigation or the application can choose a licensed background investigation company, approved by the director, to complete the criminal background investigation. The criminal background investigation shall include a review of all criminal records available including federal, all states, and the records of all counties in the State of Missouri, and in particular records regarding the registration of persons who have been found guilty of, pleaded guilty to or been convicted of sexual offenses. The criminal background investigation shall, at a minimum, include an investigation of the applicants background of everything listed under section 76-103 of this division. If the applicant uses a background investigation company, the applicant must authorize the release of the investigation and require the investigation company to send a copy of the applicant’s background investigation to the director.

 

(b)   Physical evaluation. Submit a declaration of medical fitness, current physical examination or a written statement on official letterhead from a medical professional who is listed on the National Registry of Certified Medical Examiners stating the applicant is of sound physique, has good eyesight and hearing and is not subject to epilepsy, vertigo, heart trouble or any other infirmity of mind or body which might render them unfit to drive and operate a taxicab, livery vehicle, sightseeing vehicle, transportation network vehicle or pedicab safely on the streets of the city.

 

Sec. 76-106. Granting or denial; appeals.

 

(a)    After reviewing the examination and investigation, the director shall determine whether a driver's certificate shall be granted to the applicant. Such certificate shall bear the genuine signature of the applicant.

 

(b)   The director's grant or denial of an application for a driver's certificate or the renewal thereof shall be based on information provided in the application as well as any report submitted by an investigator, the police department or from the results of the background investigation. In addition to the qualifications set forth in section 76-103 for new applicants, the director shall consider any cause that may exist for suspension or revocation under section 76-141 in his determination on the renewal of a driver's certificate. Within ten days after issuance of notice by the director of his intention to deny such application, the applicant may submit a written request for a hearing, which shall be held in accordance with section 76-77. Appeal of the director's decision following a hearing shall be effected pursuant to section 76-78. A driver who has had their application disapproved by the director will not be permitted to act as a driver while awaiting a hearing.

 

Sec. 76-116. Airport taxicab identification card.

 

(a)    No person shall drive a taxicab, livery vehicle, sightseeing vehicle or transportation network vehicle and pick up passengers at Kansas City International Airport unless the driver of the vehicle shall have then in force an airport taxicab identification card.

 

(b)   Every person desiring to drive a taxicab, livery vehicle, sightseeing vehicle or transportation network vehicle and pick up passengers at Kansas City International Airport shall comply with the Kansas City International Airport Police Division procedures for qualification and issuance of an airport taxicab identification card.

 

Sec. 76-117. Drivers Orientation Program.

 

At the option of the transportation network company or vehicle permit holder, a 30-day driver orientation program may be implemented. Any driver orientation program implemented prior to June 1, 2015 shall be allowed an initial term of 60-days. The driver orientation program begins when a driver completes their first trip. The transportation network company or vehicle permit holder shall maintain a list of all drivers who have completed their first trip which shall be submitted to the Director each Monday and Thursday. Such list will include the following information: driver name; driver’s license number; confirmation of: health check declaration, background check, personal vehicle registration, insurance, and driver’s license being submitted; and the exact day of each driver’s first trip and the end date of the orientation period. Within the orientation period following the driver’s first trip, the driver must complete all requirements of this chapter. If the application is not completed within the orientation program time period, the transportation network company or vehicle permit holder will suspend the driver from operating. A driver shall be allowed to continue operating while the Director is making a determination on their application.

 

Sec. 76-162. Amount; conditions.

 

(a)    Taxicabs, livery vehicles, pedicabs and sightseeing vehicles.

 

(1)               The vehicle permit holder or applicant for vehicle permits under this article shall maintain liability insurance with liability limits of at least $50,000.00 for injury to, or death of, one person, by reason of the carelessness or negligence of the driver or operator of such vehicle, and $100,000.00 for injury to, or death of, more than one person, resulting from a single accident, by reason of the carelessness or negligence of the driver or operator of such vehicle, and $25,000.00 for damage to property, including baggage or other property of a passenger carried in or on the vehicle, resulting from any single accident, by reason of the carelessness or negligence of the driver or operator of such vehicle, with a deductible, if any, not to exceed $500.00 and $50,000.00 for uninsured motorist coverage for passengers as that coverage is required in RSMo § 379.203. All claims shall be referred to the insurance company for handling by an authorized claims representative.

 

(2)               Insurance shall be carried by an insurance company which has been duly licensed or approved to write insurance in the state of Missouri, and shall be kept and maintained continually in force and effect so long as the applicant shall be licensed to operate on the streets of the city. The liability insurance required to be maintained under the provisions of this section shall be a policy under which the insurance company obligates itself to handle claims under the coverage thereof and to indemnify the vehicle permit holder and the driver or operator of the vehicle, and pay to the claimant all amounts which the insured becomes legally obligated to pay under the policy, in excess of any applicable deductible. A certificate of insurance reflecting all endorsements shall be filed with the director, who shall have the authority to require a true copy of the insurance policy at his discretion.

 

(3)               The liability insurance policy shall contain a provision for continuing liability there under to the full amount thereof, notwithstanding any recovery thereon.

 

(4)               The liability insurance policy shall contain a separate endorsement requiring the insurance company to notify the director in writing of any change in coverage, or cancellation of the policy, at least ten days prior thereto.

 

(5) A valid certificate of insurance issued by a company providing the required insurance policy shall be available for inspection by the vehicle permit holder. The certificate shall include all of the following:

 

A. The full name of the insurer;

 

B. The name and address of the insured;

 

C. The insurance policy number;

 

D. The type and limits of coverage;

 

E.                  The specific vehicles insured;

 

F.                  The effective dates of the insurance policy; and

 

G.                 The certificate issue date.

 

(b) Transportation network companies, drivers and vehicles.

 

(1) Transportation network companies and transportation network company drivers shall comply with the automobile liability requirements of this section from the time a transportation network company driver indicates that the transportation network company vehicle is available to accept a ride request, but before the transportation network company driver is providing transportation network company services, the transportation network company shall maintain contingent liability coverage covering liability resulting from any occurrence arising out of or caused by the operation of the vehicle of at least $50,000.00 for injury to, or death of, one person, by reason of the carelessness or negligence of the transportation network company driver, and $100,000.00 for injury to, or death of, more than one person, resulting from a single accident, by reason of the carelessness or negligence of the transportation network company driver, and $25,000.00 for damage to property, including baggage or other property of a passenger carried in or on the vehicle, resulting from any single accident, by reason of the carelessness or negligence of the transportation network company driver, with a deductible, if any, not to exceed $500.00. $50,000.00 for uninsured motorist coverage for passengers as that coverage is required by RSMo § 379.203. The transportation network company will name the City of Kansas City, Missouri an additional insured on all insurance policies for any transportation network driver operating in the City of Kansas City, Missouri.

 

A.                 While a transportation network company driver is providing transportation network company services, the transportation network company, the transportation network company driver or some combination thereof, shall maintain:

 

1.                  Primary automobile liability insurance that recognizes the transportation network company driver’s provision of transportation network services.

 

2.                  Automobile liability coverage with a combined single limit of liability for injury or property damage for each accident of $1,000,000.00.

 

3.                  Uninsured motorist coverage $50,000.00 for passengers as that coverage is required by RSMO § 379.203.

 

B.                 The liability insurance policy shall contain a separate endorsement requiring the insurance company to notify the director in writing of any change in coverage, or cancellation of the policy, at least thirty days prior thereto.

 

C.                 A valid certificate of insurance issued by a company providing the required insurance policy shall be on file with the director. The certificate shall include all of the following:

 

1.                  The full name of the insurer;

 

2.                  The insurance policy number;

 

3.                  The type and limits of coverage; and

 

4.                  The effective dates of the insurance policy.

 

(4) Driver must have written or digital proof of the insurance required by this Section in the vehicle at all times.

 

(5)               Insurance shall be carried by an insurance company which has been duly licensed or approved to write insurance in the state of Missouri, including an eligible surplus lines insurer, and shall be kept and maintained continually in force and effect so long as the applicant shall be licensed to operate on the streets of the city. The liability insurance required to be maintained under the provisions of this section shall be a policy under which the insurance company obligates itself to handle claims under the coverage thereof and to indemnify the vehicle permit holder and the transportation network company driver, and pay to the claimant all amounts which the insured becomes legally obligated to pay under the terms of the policy, in excess of any applicable deductible. A certificate of insurance shall be filed with the director, who shall have the authority to require a true copy of the insurance policy at his discretion.

 

(6)               Other insurance may be accepted but not without written approval by the City of Kansas City, Missouri.

 

Sec. 76-207. Map required.

 

Every taxicab driver shall carry in his or her taxicab at all times a current detailed street map of the metropolitan area and shall contact his or her dispatcher when in doubt of the most direct route. This requirement may be satisfied by either a GPS device or a smartphone map application.

 


Sec. 76-239. Fares.

 

(a) Sightseeing vehicles. Sightseeing vehicles shall be for hire at a charge or fare per passenger or per hour fixed by written agreement where the passenger is provided the rate in advance.

 

(b) Livery and transportation network vehicles. Livery and transportation network vehicles shall be for hire at a charge fixed by written agreement in advance which shall entitle the passenger contracting for livery or transportation network service to the exclusive use of the vehicle for the individual or group during the agreed term of the hiring or for transportation to the specified destination, whichever the case may be. The livery company or transportation network company must provide a passenger with the rate in advance of the ride. Within 24 hours of the conclusion of the trip, a driver shall give the passenger a legible receipt showing:

 

1.                  The rate,

 

2.                  Total fare,

 

3.                  How the fare was calculated,

 

4.                  The mileage,

 

5.                  The time,

 

6.                  The name and a means of contacting the company by email, phone, text or through the transportation network company app,

 

7.                  The name of the driver, and

 

8.                  The vehicle.

 

The receipt may be submitted to the passenger electronically if the passenger is in agreement.

 

(c) Filing; change of rates. Fares established for livery, transportation network and sightseeing vehicles shall be filed with the director at least 2 days before they shall become effective.. It shall be unlawful to charge any fare for livery, transportation network or sightseeing vehicle service other than the fares filed with the director in accordance with this subsection.

 

A provider covered under this ordinance may charge a fare for the services provided to passengers; provided that, if a fare is collected from a passenger, the provider shall disclose to the passengers the fare calculation method on its website and within the software application service. The provider shall also provide passengers with the applicable rates being charged and the option to receive an estimated fare before the passenger enters the vehicle.

 

If a provider utilizes dynamic pricing through its software application to incentivize drivers in an effort to maximize the supply of available vehicles on the network to match the demand for rides and increase reliability, the software application must:

 

● provide clear and visible indication that dynamic pricing is in effect prior to requesting a ride;

● include a feature that requires riders to confirm that they understand that dynamic pricing will be applied in order for the ride request to be completed; and

● provide a fare estimator that enables the user to estimate the cost under dynamic pricing prior to requesting the ride

 

(d) Transportation Network Companies shall provide the passenger with a photo of the driver, including the make and model of the vehicle and license plate number that will be picking up the passenger. Further, the Transportation Network Company will provide vehicles with GPS systems that will provide not only directions to the destination but will allow the transportation vehicle to be monitored as to its route.

 

Sec. 76-240. Trip and time records.

 

Each transportation network company or company operating a livery vehicle service or sightseeing tours shall maintain accurate records disclosing the number of trips per vehicle and the hours used. Such records shall be provided to the director upon request. If the company labels this information as “proprietary” the City must notify the company of any request for such information within 24 hours.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Kathy Adams

Assistant City Attorney