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Legislation #: 110718 Introduction Date: 9/22/2011
Type: Ordinance Effective Date: 11/13/2011
Title: Amending Section 75-12, Release of easements; fees, to provide for the administrative release of easements and licenses no longer required by the City.

Legislation History
9/8/2011 Filed by the Clerk's office
9/22/2011 Referred to Finance, Governance & Ethics Committee
9/28/2011 Hold On Agenda (10/5/2011)
10/12/2011 Hold On Agenda (10/26/2011)
10/26/2011 Do Pass as a Committee Substitute
10/27/2011 Assigned Third Read Calendar as Substituted
11/3/2011 Passed as Substituted

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Amending Section 75-12, Release of easements; fees, to provide for the administrative release of easements and licenses no longer required by the City.



Section 1. That Chapter 75, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Section 75-12, Release of easements; fees, and enacting a new section of like number and subject matter, to read as follows:


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


(a)    The city manager is authorized to release any city easement (other than for a street, alley or public place) or license without city council approval if the easement or license is no longer needed for public use. The director of the department which is responsible for the easement or license or which initiates the release shall be responsible for certifying to the city manager that the easement is no longer needed by the city. The city attorney shall approve the release as to form. The procedures in this chapter for vacation of streets, alleys and public places and plats shall not apply to the release of such easements and licenses.


(b)   Any person filing an application for the release of all or part of a permanent easement (other than a street, alley or public place) within the city, shall pay a fee in the amount $112.00 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. The applicant shall be responsible for the fees to record the release.


(c)    The city manager shall have the authority to adjust the fees listed above to reflect the change in the consumer price index (all items/all urban consumers/Kansas City, Missouri/Kansas) published by the United States Department of Labor, Bureau of Labor Statistics. The adjustments, if any, shall be made annually by the city manager in conjunction with the adoption of the annual budget of the city by filing a notice with the city clerk.




Approved as to form and legality:




M. Margaret Sheahan Moran

Assistant City Attorney