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Legislation #: 160148 Introduction Date: 2/25/2016
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBERS TAYLOR, SHIELDS, WAGNER, LOAR, HALL, REED, FOWLER, CANADY, LUCAS, MCMANUS AND JUSTUS
Title: Amending Chapter 64, Code of Ordinances, by repealing Section 64-111, Definitions, and enacting in lieu thereof a new section of like number and subject matter that adds a definition for restoration work and adds the removal of flags and stakes to the costs that can be defrayed with the restoration deposit required for excavation work.

Legislation History
DateMinutesDescription
2/25/2016 Filed by the Clerk's office
2/25/2016 Referred to Planning, Zoning & Economic Development Committee
3/2/2016 Advance and Do Pass, Debate
3/3/2016 Passed

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ORDINANCE NO. 160148

 

Amending Chapter 64, Code of Ordinances, by repealing Section 64-111, Definitions, and enacting in lieu thereof a new section of like number and subject matter that adds a definition for restoration work and adds the removal of flags and stakes to the costs that can be defrayed with the restoration deposit required for excavation work.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 64, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Section 64-111, Definitions, and enacting in lieu thereof a new section of like number and subject matter, to read as follows:

 

Sec. 64-111. - Definitions.

 

As used in this article:

 

As-built means the actual location and exterior dimension of the facility relative to the director's GIS coordinate system.

 

Director means the director of public works of the city unless otherwise defined herein.

 

Excavation means any cut, boring, dig, or disturbance, in, through or under the ground made in property, right-of-way and easements owned by the city.

 

Restoration deposit means money deposited with the city pursuant to this article to be used by the city to defray the costs incurred for any restoration work and to repair any damage to any city owned utility facilities resulting from the excavation in the event the permittee fails to do so.

 

Restoration work means repairing, refilling, paving or resurfacing any excavation made in property, right-of-way and easements owned by the city. Restoration work also includes removing flags, stakes or other clearly identifiable materials used to show the field location of underground facilities, or the area of proposed excavation as required by the State’s Underground Facility Safety and Damage Prevention Act.

 

Right-of-way means the area on, below or above the present and future city streets, alleys, bridges, bikeways, parkways and sidewalks.

 


ROW-user means a person, its successors and assigns, and its contractors that use the right-of-way for purposes of work, excavation, provision of services, or to install, construct, maintain, repair facilities thereon, including, but not limited to, landowners and providers of utility services. A ROW-user shall not include ordinary vehicular or pedestrian traffic.

 

_____________________________________________

 

Approved as to form and legality:

 

 

______________________________

Nelson V. Muñoz

Assistant City Attorney