RESOLUTION NO. 2288
A RESOLUTION ESTABLISHING POLICY ON MAINTENANCE OF TRAFFIC ISLANDS AND STREET RIGHTOFWAY; RESCINDING RESOLUTION NO. 1679.
WHEREAS, the Community Development Committee of the City Council at their meeting on the 6th day of September, 1989, recommended to the City Council certain operating policies and procedures; and
WHEREAS, the Governing Body of the City of Overland Park, Kansas, did on the 11th day of September, 1989, find such policies and procedures to be acceptable;
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:
A.TRAFFIC ISLANDS: Traffic islands and landscaped medians on main trafficways and thoroughfares will be maintained by the City's Parks and Recreation Department, Parks and Forestry Division. All other traffic islands should be maintained by homes associations or area residents; however, if these islands are not regularly maintained, the City will provide minimum service of mowing the grass. It is further the intent of the Governing Body that future plats of subdivisions will have covenants or deed restrictions providing for the maintenance of traffic islands and landscaped medians within residential areas. When possible, a signed maintenance agreement between the City and the developer or homes association relieving the City of all maintenance responsibilities will be required.
B.STREET RIGHTSOFWAY: The property owner, representative, tenant or other such person with control, occupancy or possession of real property shall be responsible to maintain the front, side and rear portion of said property to the paved edge of any street, including any unpaved adjacent public right-of-way. The Parks and Recreation Department, Parks and Forestry Division will maintain this side or rear portion along collector and thoroughfares adjacent to R-1 and R-2 zoned property when a barrier prevents such property owner safe access to the right-of-way area to maintain excessive growth. Such a barrier may consist of a large, open ditch, retaining wall, rough terrain, steep grades or other similar conditions. The determination of the Director of Parks and Recreation, or his/her authorized representative, of a barrier sufficient to prevent safe access shall be final.
C.STREET TREE TRIMMING: The Parks and Recreation Department, Parks and Forestry Division, will be responsible for maintaining proper sight distance at intersections and clearing obstructions along sidewalks and streets that present an immediate hazard. Where immediate hazards do not exist, the property owner will be contacted by letter requesting him to perform the necessary work.
RESOLUTION NO. 2288 - Continued
D.STREET TREE REMOVAL: The Parks and Forestry Division of the Parks and Recreation Department will remove any trees located in the street rightofway that have been marked for removal by the City Forester or his authorized representative.
Resolution No. 1679 is hereby rescinded.
ADOPTED by the City Council of the City of Overland Park, Kansas, this 11th day of September, 1989.
(s) Ed Eilert
Mayor
ATTEST:
(s) Bernice Crummett
Finance Director/City Clerk
APPROVED AS TO FORM:
(s) J. Bart Budetti
Assistant City Attorney