[CC 1977 §30-01; Ord. No. 1316 §§ 3, 5, 3-17-1982]
A.
The
street specifications and standards prepared by the Kansas City Metropolitan
Chapter of the American Public Works Association, published January,
2004, are hereby adopted as the official street specifications and
standards of the City of Harrisonville, Missouri. Three (3) copies
of said street specifications and standards are on file in the City
offices and made a part hereof as if fully set forth herein.
B.
The
City of Harrisonville shall not accept as part of the streets of the
City any streets not built to the specifications herein adopted.
[CC 1977 §30-1; Ord. No. 298-B, 4-3-1946; Ord. No.
1439 §1, 1-16-1985]
A.
Whenever
any person desires to vacate any street, alley, commons and public
square or part thereof, he/she may petition the Board of Aldermen
giving a distinct description of the property to be vacated, which
petition shall be filed with the City Clerk, together with a filing
fee as established in the City's Comprehensive Schedule of Fees[1] and shall remain on file for a period of thirty (30) days
before being acted upon by the Board of Aldermen.
[Ord. No. 3503, 8-3-2020; Ord.
No. 3650, 5-1-2023]
[1]
Editor's Note: The Comprehensive Schedule of Fees is on file
in the City offices.
B.
Notice
of the pendency of such petition shall be given as follows:
1.
Thirty (30) days' notice shall be given by posting in three (3) of
the most prominent and public places in the district.
2.
Twenty (20) days' notice shall be given by certified mail to all
persons whose land the portion of street or alley to be vacated touches
and all persons who own land on the same block as the portion of street
or alley to be vacated.
3.
Notice shall also be given to the Chairman of the Planning and Zoning
Commission immediately upon filing.
C.
If
no opposition is made to such petition, the Board of Aldermen may
vacate the same with such restrictions and reservations as they may
deem for the public good, but if opposition shall be made by any person
owning property abutting on such street, alley, commons or public
square, such application shall continue on file for a further period
of thirty (30) days for a hearing thereon, when, if either the objector
shall consent to such vacation or if upon such hearing the Board of
Aldermen deems it advisable to overrule such objection, the Board
of Aldermen may grant the prayer of the petition.
D.
The
part so vacated, if the same is a street or alley, shall revert to
the owners of the adjacent lots in proportion as it was taken from
them, if there is evidence of such and if not, it shall be attached
to the ground bordering on such street or alley and all title thereof
shall vest in the person owning the property on each side thereof
in equal proportions according to the length or breadth of such ground,
as the same may border on such street or alley and whenever a public
square shall be vacated, the property thereof shall be disposed of
in such manner as the Board of Aldermen may direct.
[CC 1977 §30-2; Rev. Ords. 1939 Ch. 17 Art. 1 §26]
Any person who shall construct or cause to be constructed anything
that extends upon or over any sidewalk, street, alley or public place
within the City shall be guilty of a misdemeanor.
[CC 1977 §30-3; Rev. Ords. 1939 Ch. 15 Art. 1 §5]
It shall be unlawful for any person to place an obstruction
of any kind or character whatsoever upon any street, alley, sidewalk
or parkway within the City.
[CC 1977 §30-4]
It shall be unlawful for any person owning or occupying any
property within the City or his/her agent in charge of such premises
to allow an obstruction of any kind or character whatsoever to remain
upon any street, alley, sidewalk or parkway within the City after
being notified to remove the same by the City.
[CC 1977 §30-5]
In the event any person notified to remove an obstruction of
any kind upon any street, alley, sidewalk or parkway shall fail to
do so within the time allowed in such notice, the City shall cause
the same to be done and the costs and expenses of the City in so doing
shall constitute a lien upon the premises and may be collected as
taxes.
[CC 1977 §30-6; Rev. Ords. 1939 Ch. 17 Art. 1 §27]
Any person who shall operate or cause to be operated or move
over or upon any street, alley or public place within the City any
object with lugs or other tractor appliances or any object which might
or would injure the surface of such street, alley or public place
shall be guilty of a misdemeanor.
[CC 1977 §30-10; Ord. No. 1344 §1, 1-5-1983]
All property owners shall keep the sidewalks located in front
of and alongside of their properties in a safe and convenient condition
for the public and, further, all property owners shall replace any
sidewalk which is not located upon the established grade and line
for sidewalks on the street on which it is located.
[CC 1977 §30-11; Ord. No. 1344 §1, 1-5-1983; Ord.
No. 2909 §1, 3-7-2005]
A.
When,
in the opinion of the Director of Public Works, any sidewalk, curb,
gutter or driveway is out of repair, which was not caused by any action
of the property owner, said Director of Public Works may cause the
same to be reconstructed or put in good substantial repair and pay
the cost thereof.
B.
If
the repairs are required as a direct result of actions by the property
owner, occupants, or agents thereof, the Director of Public Works
shall cause a notice to be sent by United States mail, directed to
the apparent owner of the real estate in front of which said repair
is to be made, as said ownership or taxpayer is shown on the real
estate tax records of the Cass County Assessor's Office, when notice
shall require the reconstruction or repair to be made within such
time as designated by ordinance, but in no event less than twenty
(20) days of the date of the notice. After the expiration of such
time, the Director of Public Works may cause the reconstruction or
repair to be made through City forces or by contract when the owner
has not complied with the notice. The work may be done as separate
projects for each location or as a project combining several separate
locations.
C.
In
due course, after the work is completed at a single location or at
several locations combined in one (1) project, the Director of Public
Works shall cause the cost to be determined, and for this purpose
may base the same on unit costs for a project involving the work in
front of several parcels of land.
D.
The
Director of Public Works shall thereupon certify to the Director of
Finance the cost of the work done in front of and adjacent to each
parcel of land fronting or abutting on the side of the street on which
the work was done, giving a description of each parcel of land so
charged with sufficient accuracy to identify the same, and the amount
of the special assessment against the same. The assessment provided
for herein may be payable in one (1) installment, or the Board of
Alderman may, by ordinance, provide that the assessment may be paid
in more than one (1) installment in the same manner as provided in
this Article for payment of special assessment or special tax bills
for improvements.
[CC 1977 §30-12; Ord. No. 1344 §1, 1-5-1983; Ord. No. 3568, 9-20-2021]
A.
The
Director of Public Works or the Building Official is hereby authorized
to issue right-of-way work permits, upon request, to owners of private
property, their representatives or contractors to grade, construct,
repair or reconstruct pavements, curbs, gutters, driveways from curb
to property line, sidewalks, sewers, street lighting systems and appurtenances,
at their own expense, in the public streets or alleys adjacent to
or running through their property when the same are, in his/her judgment,
reasonably necessary. No person shall begin any such improvement until
such permit shall have been issued.
1.
Plan, Specifications. Prior to issuance of the permit, plans shall
be prepared by such owners and submitted to the Director of Public
Works or the Building Official for his/her approval. Such plans shall
indicate thereon the location, extent and character of the work proposed
to be done with an estimate of the amount of the various materials,
installation and services to be incorporated in the work. The plans
shall have such cross sections, profiles and such other information
as necessary for the Director of Public Works or the Building Official
to determine that the plan conforms with the specifications of the
City. The plans shall conform and the work shall be done according
to the standard specifications of the City for public work of like
character.
All such work shall be done under the direction and supervision
and to the satisfaction of the Director of Public Works or the Building
Official. Acceptance of the completed facility by the Director of
Public Works or the Building Official shall be made only after proper
evidence that all bills for labor, materials and equipment have been
paid.
2.
Performance And Maintenance Bonds. The Director of Public Works or
the Building Official shall require the permittee to furnish a surety
bond, otherwise known as a performance and maintenance bond, equal
to the estimated cost of the work; except where authorization for
the construction of residential sidewalks and driveways within street
rights-of-way, required by ordinance, has been granted by their inclusion
in a building permit. The bond shall guarantee satisfactory performance
and completion of the work to the satisfaction of the Director of
Public Works or the Building Official within a time limit specified
on said right-of-way work permit. The bond shall also guarantee maintenance
of the work performed for two (2) years.
a.
For projects with valuation of work to be constructed or repaired
below five thousand dollars ($5,000.00) the permittee may at their
option deposit funds in the amount of the construction or repair to
the City to be held in escrow guaranteeing the performance of said
work, and maintenance of said work for a period of two (2) years.
b.
The minimum amount for any bond, or deposit placed in escrow, shall
be two thousand dollars ($2,000.00), no matter what the work valuation.
3.
Indemnification Of City During Construction.
The applicant shall be required to furnish the City evidence
of general liability insurance in the amount of one million dollars
($1,000,000.00) per occurrence and two million dollars ($2,000,000.00)
per project to insure and protect the City from all damage that may
arise from such disturbance prior to acceptance by the City after
backfilling.
The City of Harrisonville shall have no duty to pay damages
unless the defenses of sovereign and governmental immunity are inapplicable.
Nothing in this Section shall reflect an intent by the City of Harrisonville
to waive any defenses of sovereign and governmental immunity.
4.
Penalties. Any person, whether owner, representative, contractor,
subcontractor or foreman, who shall grade, construct, repair, reconstruct
or alter any public street, pavement, curb, gutter, driveway, sidewalk
or sewer within any public way or any public sewer adjacent to or
running through any private property within a public right-of-way
without first securing a permit therefor issued by the Director of
Public Works or the Building Official, shall be deemed guilty of a
violation of this Section and upon conviction thereof shall be fined
as established in the City's Comprehensive Schedule of Fees.[1]
[Ord. No. 3650, 5-1-2023]
[1]
Editor's Note: The Comprehensive Schedule of Fees is on file
in the City offices.
5.
Right-of-way work permits applicable to this Chapter shall have a
fee collected, based on the dollar valuation of the work to be constructed
or repaired as established in the City's Comprehensive Schedule of
Fees,[2] except where authorization for the construction or repair
of residential sidewalks and driveways within street rights-of-way,
required by ordinance, has been granted by their inclusion in a building
permit.
[Ord. No. 3650, 5-1-2023]
[2]
Editor's Note: The Comprehensive Schedule of Fees is on file
in the City offices.
6.
Required ROW permit inspections shall be as determined by the Director
of Public Works or the Building Official and shall be listed on ROW
permits issued.
|
Required special inspections, by a City-approved 3rd party inspection
service, shall be as determined by the Director of Public Works or
the Building Official, and shall be listed on ROW permits issued.
Special inspections, may include, but not be limited to, fill compaction
and concrete testing.
|
[CC 1977 §30-13; Ord. No. 1495 §1, 11-6-1985]
The names of new streets shall not duplicate existing or platted
street names unless a new street is a continuation of an existing
or platted street; or, in the opinion of the Planning and Zoning Commission,
at some future date the street will be a continuation of an existing
street. All new street names shall be approved by the Planning and
Zoning Commission prior to their being placed upon a final plat or
in any other way named as an official street of the City of Harrisonville.
[1]
Editor's Note — Ord. no. 2958, adopted February 21, 2006, repealed article II "excavations" and sections 515.120 — 515.240 in their entirety and enacted new provisions set out in chapter 530 "rights-of-way management". Former sections 515.120 — 515.240 derived from CC 1977 §§30-21 — 30-33; ord. no. 763 §§1 — 3, 5 — 7, 9 — 10, 3-20-1968; ord. no. 1359 §§1 — 4, 6, 5-4-83; ord. no. 2779(38-02) §§1 — 5, 8-19-2002. This article and sections have been reserved for the city's future use.
