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Legislation #: 011690 Introduction Date: 11/29/2001
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBERS XBARNES, DANAHER AND COOPER
Title: Authorizing the City Manager to conduct a pilot program within the areas commonly called the Downtown and the Country Club Plaza for the replacement of individual news racks with modular units provided to publishers.

Legislation History
DateMinutesDescription
11/29/2001

Prepare to Introduce

11/29/2001

Referred Operations Committee

12/12/2001

Hold On Agenda

12/19/2001

Hold On Agenda

3/20/2002

Hold On Agenda

5/15/2002

Hold On Agenda

5/29/2002

Hold On Agenda

6/12/2002

Hold Off Agenda

7/24/2002

Hold Off Agenda

1/22/2003

Released


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ORDINANCE NO. 011690

 

Authorizing the City Manager to conduct a pilot program within the areas commonly called the Downtown and the Country Club Plaza for the replacement of individual news racks with modular units provided to publishers.

 

WHEREAS, a proliferation of news racks adds to the dangers presented to pedestrians and drivers through unregulated placement of metal or plastic news racks; and

 

WHEREAS, it is important for persons to have available newspapers and other types of printed information; and

 

WHEREAS, it is not the intention of the Mayor and City Council to prevent the distribution of newspapers or other types of printed information; and

 

WHEREAS, it is the intention of the Mayor and City Council to discern whether an alternative to the unregulated placement of news racks on sidewalks and other public places may exist; and

 

WHEREAS, the use of modular news racks made available to publishers at no cost to the publishers have been successfully used in cities such as Chicago and Indianapolis; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. Authorization of pilot project. That the City Manager is authorized to establish a pilot project for the purpose of determining whether the replacement of independently owned and placed news racks with modular racks placed or controlled by a third party will better protect the public health and welfare by:

 

a. Reducing risks to pedestrian safety;

 

b. Facilitating easier and more convenient travel by pedestrians on sidewalks;

 

c. Easing visual blight;

 

d. Reducing risks to personal safety of pedestrians by eliminating damaged news racks;

 

e. Reducing risks to persons exiting vehicles along curbs where news racks are irregularly placed; and

 

f. Reducing risks to public safety and improving maintenance of fire hydrants, light poles, and other structures devoted to public use.

 

Section 2. Location of the pilot project. That the City Manager may provide for the pilot project to be conducted within all or part of the Downtown Loop, and within all or part of the Country Club Plaza. The Downtown Loop is defined as all the property located within the interstate highway loop surrounding the Downtown. The Country Club Plaza area will include all the property located from Brookside Boulevard and Ward Parkway on the south, Summit Street on the west, 45th Street on the north and Grand Avenue on the east.

 

Section 3. Proposals from private business. That the City Manager is authorized to solicit proposals from private business for the placement of modular news racks within the pilot program areas chosen.

 


Section 4. Legislation to implement the pilot project. That when pilot program areas are chosen, the City Manager will present to the Mayor and City Council a proposal to prohibit the placement of privately owned news racks within the pilot project area for the term of the pilot project, and any other legislation necessary to properly implement the pilot project.

 

Section 5. Term of the pilot project. That the term of the pilot project will not exceed six months from the date of placement of privately owned news racks within the pilot project area.

 

Section 6. Considerations. That the City Manager will seek to balance the needs of the publishers and persons seeking out newspapers and other printed material within the pilot project areas with the purposes of the pilot project, considering the costs involved for all parties, including the City.

 

Section 7. Advertising. The City Manager is authorized to permit advertising on modular units as a means of funding the operation of the modular units used to replace privately owned news racks.

 

Section 8. Report. That prior to the termination of the pilot project, the City Manager will present a recommendation to the Mayor and City Council concerning the propriety of making the pilot project permanent and expanding or reducing the areas in which privately owned news racks will be prohibited.

 

__________________________________________________

 

Approved as to form and legality:

 

 

 

______________________________

Assistant City Attorney