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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.
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Approved as to form and legality:
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M. Margaret Sheahan Moran
Assistant City Attorney