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Legislation #: 060876 Introduction Date: 8/10/2006
Type: Ordinance Effective Date: none
Sponsor: None
Title: Providing for submission to the qualified voters of the City for their approval at an election called for Tuesday, November 7, 2006, the question of charging fees for conducting Fire Code inspections and for the general operation of the Fire Department’s Fire Prevention Division, and directing the City Clerk to notify the responsible election authorities of this election, and recognizing this ordinance to be an emergency measure.  

Legislation History
DateMinutesDescription
8/9/2006 Filed by the Clerk's office
8/10/2006 Referred to Finance and Audit Committee
8/16/2006 Advance and Do Pass as a Committee Substitute, Debate
8/17/2006 Passed as Substituted

View Attachments
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fiscal note.xls Advertise Notice 31K fisc
fact sheet.doc Advertise Notice 44K fact sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 060876

 

Providing for submission to the qualified voters of the City for their approval at an election called for Tuesday, November 7, 2006, the question of charging fees for conducting Fire Code inspections and for the general operation of the Fire Departments Fire Prevention Division, and directing the City Clerk to notify the responsible election authorities of this election, and recognizing this ordinance to be an emergency measure.  

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY: 

 

WHEREAS, the City has adopted the 2000 edition of the International Fire Code for the purposes of public safety; and

 

WHEREAS, the City is committed to the Fire Codes purposes and goals of protecting, and reducing the risk to, lives and property; and

 

WHEREAS, a Fire Prevention Division within the Fire Department was established to enforce and administer the requirements of the Fire Code; and

 

WHEREAS, the Fire Prevention Division was also established to promote, and provide services in connection with, the objectives and concerns of the Fire Code; and

 

WHEREAS, the responsibilities and duties of the Fire Departments Fire Prevention Division require such services and activities as the inspection of property and the issuance of Fire Code Permits; and

 

WHEREAS, the City believes it necessary that the Fire Departments Fire Prevention Division charge reasonable fees to offset the services it provides and its activities in connection with its responsibilities and duties; and

 

WHEREAS, the City believes the costs to the Fire Departments Fire Prevention Division incurred by the services it provides and its activities in connection with its responsibilities and duties should be borne by those citizens requiring or enjoying such services or activities; NOW, THEREFORE,

 

  BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. Election called. An election is hereby called and shall be held in Kansas City, Missouri, on Tuesday, November 7, 2006, at which election there shall be submitted to the qualified electors of Kansas City, Missouri, a proposition hereinafter set out to authorize fees for conducting Fire Code inspections of businesses and apartment buildings by the Fire Departments Fire Prevention Division with the revenues of such fees being used exclusively for the general operation of the Fire Departments Fire
Prevention Division by the charging of a fee of $55.00 per Fire Code Permit that is issued, by the charging of a fee of 20 cents per linear foot of publicly used space for inspections of multi-family buildings consisting of four or more units with a fee cap of $400.00 for the fee charged any such multi-family building consisting of four or more units, and by the charging of a fee for inspections of businesses, as defined by the Fire Code, that is based on the square footage of such businesses as follows: $20.00 if less than 999 square feet, $50.00 if 1000 to 2499 square feet, $100.00 if 2500 to 4900 square feet, $150.00 if 5000 to 7999 square feet, $200.00 if 8000 to 11999 square feet, $250.00 if 12000 to 17999 square feet, $300.00 if 18000 to 24999 square feet, $350.00 if 25000 to 49999 square feet, and $400.00 if more than 50000 square feet, and that any increase in these fees would require voter approval, except for an annual increase necessary to offset inflation and that any such increase would not exceed the consumer price index for All Urban Consumers for the United States as published by the United States Department of Labor, or its successor agency, for the calendar year preceding any such increase.

 

Section 2. Ballot language. The ballot language shall be in substantially the following form:

 

QUESTION _____

SHALL THE FOLLOWING BE APPROVED?

 

Shall the City of Kansas City, Missouri be authorized when it provides Fire Code inspections to businesses, as defined by the Fire Code, and apartment buildings to charge fees for conducting such Fire Code inspections with all revenue derived from such fees being used exclusively for the general operation of the Fire Departments Fire Prevention Division by charging a fee of $55.00 per Fire Code Permit issued, and 20 cents per linear foot of publicly used space for inspections of multi-family buildings consisting of four or more units with a fee cap of $400.00 for the fee charged any such multi-family building consisting of four or more units, and a charge for inspections of businesses based on the square footage of such businesses as follows: $20.00 if less than 999 square feet, $50.00 if 1000 to 2499 square feet, $100.00 if 2500 to 4900 square feet, $150.00 if 5000 to 7999 square feet, $200.00 if 8000 to 11999 square feet, $250.00 if 12000 to 17999 square feet, $300.00 if 18000 to 24999 square feet, $350.00 if 25000 to 49999 square feet, and $400.00 if more than 50000 square feet, and with any increase in these fees requiring voter approval, except for an annual increase necessary to offset inflation and with any such increase not exceeding the consumer price index for All Urban Consumers for the United States as published by the United States Department of Labor, or its successor agency, for the calendar year preceding any such increase?

 

_____ Yes _____ No

 


The voter who desires to vote in favor of this proposition shall place an X in the box opposite Yes. The voter who desires to vote against this proposition shall place an X in the box opposite No.

 

Section 3. Delivery of Ordinance by City Clerk to Election Authorities. The City Clerk shall deliver certified copies of this ordinance and notice of election to the Board of Election Commissioners of Kansas City, Missouri, to the Board of Election Commissioners of Clay County, Missouri, to the Board of Election Commissioners of Platte County, Missouri, and to the County Clerk of Cass County, Missouri, which shall be the authority of the respective election authorities of the City to submit the question to the electors of Kansas City as herein provided and to give public notice thereof as provided by law.

 

Section 4. Election Notice. That the notice of election shall read as follows:

 

_____________________________________________

 

NOTICE OF ELECTION

CITY OF KANSAS CITY, MISSOURI

 

 Notice is hereby given that the City of Kansas City has called an election to be held in the City on Tuesday, November 7, 2006, between the hours of 6:00 a.m. and 7:00 p.m. C.S.T., at which election all qualified voters residing within the City of Kansas City, Missouri, will be given the opportunity to vote.

 

 The official ballot will be in substantially the following form:

_____________________________________________

 

QUESTION _____

SHALL THE FOLLOWING BE APPROVED?

 

Shall the City of Kansas City, Missouri be authorized when it provides Fire Code inspections to businesses, as defined by the Fire Code, and apartment buildings to charge fees for conducting such Fire Code inspections with all revenue derived from such fees being used exclusively for the general operation of the Fire Departments Fire Prevention Division by charging a fee of $55.00 per Fire Code Permit issued, and 20 cents per linear foot of publicly used space for inspections of multi-family buildings consisting of four or more units with a fee cap of $400 for the fee charged any such multi-family building consisting of four or more units, and a charge for inspections of businesses based on the square footage of such businesses as follows: $20.00 if less than 999 square feet, $50.00 if 1000 to 2499 square feet, $100.00 if 2500 to 4900 square feet, $150.00 if 5000 to 7999 square feet, $200.00 if 8000 to 11999 square feet,
$250.00 if 12000 to 17999 square feet, $300.00 if 18000 to 24999 square feet, $350.00 if 25000 to 49999 square feet, and $400.00 if more than 50000 square feet, and with any increase in these fees requiring voter approval, except for an annual increase necessary to offset inflation and with any such increase not exceeding the consumer price index for All Urban Consumers for the United States as published by the United States Department of Labor, or its successor agency, for the calendar year preceding any such increase?

 

_____ Yes _____ No

 

[Instructions to voters will be supplied by the election authorities]

_____________________________________________

 

A full and complete copy of Ordinance No. _______________, submitting the above question to the electorate is on file in the office of the City Clerk of Kansas City, Missouri, where the same is open for inspection and copying.

 The polling places for the election will be [insert list of polling places in last publication only.]

_____________________________________________

 

I hereby certify that the foregoing is the legal notice to be published pursuant to Section 115.127, RSMo.

 

Given under my hand and the official seal of the City of Kansas City, Missouri, this _______ day of __________________, 2006.

 

 

(SEAL) __________________________________

Millie Crossland

City Clerk, City of Kansas City, Missouri

 

Before me, a notary public, personally appeared Millie Crossland, to me known to be the City Clerk of the City of Kansas City, Missouri, and the person who acknowledged to me that she executed the same for the purposes therein stated.

 

 

__________________________________

Notary Public

My Commission Expires:_____________________

 

Section 5. Emergency. This ordinance, calling for an election and providing for the submission of a question to the people of Kansas City, Missouri, is hereby recognized to be an emergency measure within the meaning of Section 15, Article II, of the Charter
of Kansas City, and as such shall become effective upon approval by the Mayor or after five days of its passage if no action is taken by the Mayor to approve or veto this ordinance, whichever is earlier.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Alan L. Holtkamp

Assistant City Attorney