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Legislation #: 070265 Introduction Date: 3/1/2007
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Chapter 64, Streets, Sidewalks and Public Places, by repealing Article II, Vacations, and enacting a new Chapter 75, Vacations of Streets, Alleys, Plats and Easements, to provide the procedures and fees for vacations and easement releases.

Legislation History
DateMinutesDescription
3/1/2007 Filed by the Clerk's office
3/1/2007 Referred to Planning, Zoning & Economic Development Committee
3/7/2007 Hold On Agenda (3/14/2007)
3/14/2007 Advance and Do Pass as a Committee Substitute, Debate
3/15/2007 Passed as Substituted

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070265_FACTSHT(2).xls Fact Sheet 58K Fact Sheet
C000141S25_STAFFRPT03_06_07_REVISED.doc Staff Report 70K Staff Report

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 070265

 

Amending Chapter 64, Streets, Sidewalks and Public Places, by repealing Article II, Vacations, and enacting a new Chapter 75, Vacations of Streets, Alleys, Plats and Easements, to provide the procedures and fees for vacations and easement releases.

 

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 64, Code of Ordinances, is hereby amended by repealing Article II, Vacations, which comprises sections 64-1, 64-42, 64-43 and 64-44.

 

Section 2. That a new Chapter 75, Vacations of Streets, Alleys, Plats and Easements is hereby enacted, to read as follows:

 

Chapter 75.

Vacation of Streets, Alleys, Plats and Easements

 

Sec. 75-1. Power to vacate streets and public places; approval of city plan

commission.

 

(a) The city shall have exclusive control of all its public highways, streets, alleys, boulevards, parkways and public places, and shall have exclusive power to vacate or abandon any public highway, street, alley or public place, or any part thereof, and to vacate any platted addition or subdivision of land or part thereof within the corporate boundaries of the city; provided, that no such vacation or abandonment shall take place except by ordinance; and provided further, that no such ordinance shall be passed or take effect unless and until the recommendation of the city plan commission, approving or disapproving such ordinance, shall have been given to the Council.

 

(b) The Council may approve a vacation only if it determines that

 

(1) No private rights will be unreasonably injured or endangered by the vacation; and

 

(2) The public will suffer no unreasonable loss or inconvenience thereby.

 

Sec. 75-2. Petition to vacate.

 

Any person or corporation owning any property fronting or abutting on any public highway, street, avenue, alley or public place or part thereof, proposed to be vacated, may petition the council therefor. Such petition must give a correct description of the part of the public highway, street, avenue, alley or public place sought to be vacated and also the names of the persons or corporations owning or claiming the property fronting thereon, and be verified by affidavit. The owner or owners of any lot in any platted addition or subdivision within the corporate boundaries of the city may petition the council for the vacation of the said platted addition or subdivision or any part thereof. Said petitioner must give a correct description of the part of the addition or subdivision to be vacated, and also the names of all legal owners of all lots contained in such addition or subdivision or part thereof to be vacated, and be verified by affidavit. The person or corporation seeking such vacation shall, at the time of filing the petition for vacation, deposit with the City a sum sufficient, in the opinion of such director, to cover all costs and expenses which the city may incur by reason of said proceedings.

 

Section 75-3. Notice.

 

1. Publication.

 

Notice of any hearing before the City Plan Commission or any Council committee on the proposed vacation shall be given by publishing a notice setting forth the general purpose of such hearing and a general description of the location of the property to be vacated and the time and place of the hearing. The notice shall be published in a newspaper of general circulation at least 15 days before the date set for such hearing.

 

2. Mailed Notice.

 

Notice shall also be mailed by United States mail, first class, to any property owner within the subject site and within 185 feet of the subject site. The notice shall be mailed not less than 13 days before the date set for such hearing. The names of property owners shall be determined as the owners of records according to the records of the City.

 

3.      Continuances.

 

If any hearing is continued to a definite date, no further notice shall be required.

 

Sec. 75-4. Consent required.

 

No such ordinance shall be passed unless the consent, in writing, of the persons or corporations owning three-fourths (3/4) of the front feet of the property fronting on that part of the public highway, street, avenue, alley or public place proposed to be vacated, or of the legal owners of all lots contained in such addition or subdivision so proposed to be vacated, acknowledged as deeds conveying real estate in this state are required to be acknowledged in order to entitle them to be recorded, shall have been obtained to such vacation, and filed with said petition in the city clerk's office.

 

Sec. 75-5. Two-thirds vote of council required.

 

No ordinance vacating any public highway, street, alley, public place or platted addition or subdivision, or part thereof, shall be passed except by at least a two-thirds (2/3) affirmative vote of the full authorized membership of the council, except as provided for in Section 75-8.

 


Sec. 75-6. Ordinance to be acknowledged.

 

Every ordinance vacating any public highway, street, alley, public place, or platted addition or subdivision or part thereof, shall be acknowledged by the city clerk as deeds are acknowledged as aforesaid, and such ordinance so acknowledged and shall be filed for record in the office of the recorder of deeds in the county or counties in which the vacation is located.


Sec. 75-7. Vacation may be conditional.

 

The council may provide in any ordinance for vacating any highway, street, alley, public place or plat any conditions it deems appropriate and may reserve any appropriate easements.


Sec. 75-8. Vacation by plat.

 

An ordinance approving a final plat may simultaneously vacate rights of way for which all abutting properties are located within the plat, and where the city council shall have previously approved a preliminary plat or plan requiring such vacation. Such ordinances need only be approved by a simple majority vote of the council, and no notice and/or advertisement beyond that required of final plats is needed.

 

Sec. 75-9. Deposit and fees for vacation of street or public place.

 

(a) Whenever any person shall apply for the vacation of any street, alley or public place or plat within the city, he shall procure a written estimate of the cost of publication and all other expenses incident to such vacation, and shall, before the notice of the pendency of such petition is published by the City Clerk deposit with the City a sum of money equal to the amount of such estimate, which money shall be kept and paid out as provided in this section.

 

(b) In addition to the deposit required in subsection (a) of this section, a fee in the amount of $250.00 for the vacation shall be paid to the city at the time of application.

 

Sec. 75-10. Deposit receipts; disposition of deposit.

 

Upon receiving any deposit required by Sections 75-9 or 75-10, the City Clerk shall issue duplicate receipts therefore, containing the name of the person depositing the money, the amount thereof, and a description of the property sought to be vacated, one of which receipts shall be delivered to the person making the deposit and one to the director of finance; and the money shall be turned over to the city treasurer, who shall keep a separate account of each deposit and shall place the deposit to the credit of the vacation fund.

 


Sec. 75-11. Payments from vacation fund; return of excess money to depositor.

 

Whenever the City Clerk shall certify to the commissioner of accounts the correctness of any bill or item of expense in any vacation proceeding, the director of finance shall draw a warrant for the amount thereof, payable to the person entitled thereto, out of the vacation fund, which warrant shall be paid by the treasurer upon presentation, and the receipted bill shall be kept on file by the City Clerk. Upon presentation to the director of finance of a certificate of the City Clerk containing a statement of the various expenses incurred in any vacation proceeding, and that all such bills and expenses have been certified by him for payment, the director of finance shall draw a warrant to the person who made the deposit in such proceeding, or to his order, for the amount of money, if any, remaining, which warrant shall be paid in the usual manner provided for the payment of bills.

 

Sec. 75-12. Release of easements; fees.

 

(a) The City may release any City easement (other than for a street or public place) by ordinance. The procedures in this chapter for vacation of streets and public places and plats shall not apply to the release of such easements.

 

(b) Any person filing an application for the release of all or part of an easement (other than a street or public place) within the city, shall pay a fee in the amount of $100.00 per easement to the city at the time the application is filed to defray the cost incurred by the city development department for review and processing.

 

_______________________________________

 

Approved as to Form and Legality:

 

 

_____________________________

M. Margaret Sheahan Moran

Assistant City Attorney