SECOND COMMITTEE SUBSTITUTE FOR ORDINANCE NO.
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Ordinances, City of Kansas City, is hereby repealed.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
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.
Approved as to form and legality:
Assistant City Attorney