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Legislation #: 090063 Introduction Date: 1/29/2009
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER JOHNSON
Title: Amending Chapter 18, Code of Ordinances, by repealing Section 18-20(o)(2) and subsection 3201.7 of Section 18-40 and enacting in lieu thereof new subsections which clarify that political subdivisions are exempt from encroachment license fees for public purpose activities.

Legislation History
DateMinutesDescription
1/28/2009 Filed by the Clerk's office
1/29/2009 Referred to Transportation and Infrastructure Committee
2/5/2009 Do Pass
2/5/2009 Assigned to Third Read Calendar
2/12/2009 Passed

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ORDINANCE NO. 090063

 

Amending Chapter 18, Code of Ordinances, by repealing Section 18-20(o)(2) and subsection 3201.7 of Section 18-40 and enacting in lieu thereof new subsections which clarify that political subdivisions are exempt from encroachment license fees for public purpose activities.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 18, Code of Ordinances, is hereby amended by repealing Section 18-20(o)(2) and subsection 3201.7 of Section 18-40 and enacting in lieu thereof new subsections to read as follows:

 

Sec. 18-20. Fees.

 

(o) Encroachment fees.

 

(2)    Encroachment license fee.  Encroachment into the right-of-way will be subject to the imposition of an annual license fee of $56.00 plus $.56 per square foot of encroachment. Aerial (over seven feet above grade) or underground encroachments shall be charged $56.00 plus $.28 per square foot. Encroachments granted to the political subdivisions of the State of Missouri, to the State of Missouri and its agencies, and to the United States and its agencies will not require payment of an encroachment fee, so long as said encroachments serve a public purpose; however, community improvement districts, neighborhood improvement districts and transportation development districts shall not be exempt from encroachment fees.

 

Sec. 18-40. Adoption of International Building Code (2006); amendments.

 

Section 3201.7. License fees. Encroachment into the right-of-way will be subject to the imposition of an annual license fee as required by Article I. Encroachments granted to the political subdivisions of the State of Missouri, to the State of Missouri and its agencies, and to the United States and its agencies will not require payment of an encroachment fee because it is in the public interest to permit such encroachments without additional costs to these public entities, so long as said encroachments serve a public purpose; however, community improvement districts, neighborhood improvement districts and transportation development districts shall not be exempt from encroachment fees.

 

_____________________________________________

 

Approved as to form and legality:

 

_______________________________

M. Margaret Sheahan Moran

Assistant City Attorney