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Legislation #: 010492 Introduction Date: 3/29/2001
Type: Ordinance Effective Date: 4/29/2001
Sponsor: None
Title: Giving permission to 40 Penn Row, LLC, to construct and maintain a private storm sewer and manholes in the City right-of-way at 524 West 40th Street, for a condominium project known as 40th and Penn Row, in Kansas City, Jackson County, Missouri, assessing an encroachment fee in the amount of $127.00; and estimating revenue in the amount of $127.00.

Legislation History
DateMinutesDescription
3/29/2001

Prepare to Introduce

3/29/2001

Referred Operations Committee

4/11/2001

Do Pass

4/12/2001

Add to Consent Docket

4/19/2001

Passed


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ORDINANCE NO. 010492

 

Giving permission to 40 Penn Row, LLC, to construct and maintain a private storm sewer and manholes in the City right-of-way at 524 West 40th Street, for a condominium project known as 40th and Penn Row, in Kansas City, Jackson County, Missouri, assessing an encroachment fee in the amount of $127.00; and estimating revenue in the amount of $127.00.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That permission is hereby given to 40 Penn Row, LLC, its successors and assigns, as owner and permittee, to construct and maintain a private storm sewer and manholes (the encroachments) in the City right-of-way at 524 West 40th Street for a condominium project known as 40th and Penn Row, in Kansas City, Jackson County, Missouri.

 

Section 2. That all material, design and method of construction shall be in accordance with the plans and specifications approved by the City Engineer and identified as Public Works File No. 2001-033.

 

Section 3. Permittee, by accepting the benefits conferred by this ordinance agrees to defend, indemnify, and hold harmless the City from any and all claims, suits, losses or damage as a result of this permission.

 

Section 4. That in order to hold the City harmless from claims for bodily injury and for property damage arising out of the construction and duration of the encroachments, the permittee shall keep in force a policy of liability insurance in an amount not less than that required by Chapter 64 of the Code of Ordinances. In the event that ordinances are modified during the life of the construction and/or duration of the encroachments, the insurance provided by the permittee shall be revised to conform with the modified requirements. If, at any time, the insurance is canceled or allowed to expire, the permittee shall remove said encroachments from the right-of-way. If a reasonable time lapses upon such cancellation or expiration, and the permittee has not removed the encroachments herein permitted, the City may remove them without notice. Upon removal, title to all materials, which have been removed, shall vest in City so that they can be disposed of for scrap with the proceeds going to Kansas City as compensation for the cost of removal.

 

Section 5. That, before any permits are issued for the installation of these encroachments, the permittee shall provide a performance and maintenance bond(s), satisfactory in all respects, to the Citys Director of Finance, guaranteeing that the improvements will be completed and maintained in a workmanlike manner and will be maintained by permittee so long as the permitted encroachments remain in the right-of-way.

 

Section 6. That, at its own expense, permittee will cause the encroachments provided for herein to be maintained in good repair for so long as they remain in the right-of-way and will cause them to be removed when they are no longer in use. If the permittee fails to either maintain or repair the encroachments as herein provided, then the City may remove them without notice. Upon removal, title to all materials which have been removed shall vest in City so that they can be disposed of for scrap with the proceeds going to Kansas City as compensation for the cost of removal.

Section 7. That the permission given shall be construed as a permit and not a grant, and may be revoked by the Council at its discretion; upon revocation, the permittee or the owner of the property at the time of the revocation shall cause the removal of the encroachments and the restoration of the area without expense to the City.

 

Section 8. That the permission herein granted requires that a permit be obtained from the Director of Public Works for the construction involved in the placement of the encroachments.

 

Section 9. That in consideration of the usefulness to 40 Penn Row, LLC, and reflecting a fair assessment of the value of the right-of-way, the sum of $127.00 shall be paid by 40 Penn Row, LLC, in the nature of a license payment to the City for the privilege of using the public right-of-way for this purpose. This single payment includes all license payments.

 


Section 10. That the revenue in the following account of the General Fund is hereby estimated in the following amount in the General Fund:

 

01-100-089-6233 Encroachment Licenses $127.00

 

_____________________________________________

 

I hereby certify that there is a balance, otherwise unencumbered, to the credit of the appropriation to which the foregoing expenditure is to be charged, and a cash balance, otherwise unencumbered, in the treasury, to the credit of the fund from which payment is to be made, each sufficient to meet the obligation hereby incurred.

 

 

___________________________________

Director of Finance

 

 

Approved as to form and legality:

 

 

 

___________________________________

Assistant City Attorney