Title
AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 26, STREETS, SIDEWALKS AND OTHER PLACES, OF THE CITY CODE OF THE CITY OF LEE’S SUMMIT, MISSOURI TO PROVIDE FOR CONSISTENT MANAGEMENT WHILE PRESERVING THE CITY’S AUTHORITY OVER THE USE OF ITS RIGHTS-OF-WAYS.
(Note: First Reading by City Council on February 1, 2018.)
Body
Proposed City Council Motions:
I move for adoption of AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 26, STREETS, SIDEWALKS AND OTHER PLACES, OF THE CITY CODE OF THE CITY OF LEE’S SUMMIT, MISSOURI TO PROVIDE FOR CONSISTENT MANAGEMENT WHILE PRESERVING THE CITY’S AUTHORITY OVER THE USE OF ITS RIGHTS-OF-WAYS.
Issue/Request
Consideration and adoption of AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 26, STREETS, SIDEWALKS AND OTHER PLACES, OF THE CITY CODE OF THE CITY OF LEE’S SUMMIT, MISSOURI TO PROVIDE FOR CONSISTENT MANAGEMENT WHILE PRESERVING THE CITY’S AUTHORITY OVER THE USE OF ITS RIGHTS-OF-WAYS.
Key Issues:
· The City has the primary responsibility for the maintenance and managing uses of the City’s rights-of-way under State and federal law
· The last major update of Chapter 26 to deal with managing the right-of-way occurred in 2009 with passage of Ordinance No. 6869
· Federal and State law changes have occurred since 2009 and staff recommends updating Article III to reflect those changes
· The entities seeking to use the rights-of-way and the technologies that would be installed or constructed in the rights-of-way have also changed since 2009
· The City has authority to manage its rights-of-way in a manner that treats similarly situated competitors in a competitively neutral and nondiscriminatory way
· Adoption of the Ordinance will provide a framework to treat all users of the rights-of-way in a consistent manner while recognizing private property rights
Background:
Cities “own” rights-of-way in trust for the public and have a nondelegable duty to maintain them in a safe condition for the travelling public. Utility users of the right-...
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