ORDINANCE
NO. 021396
Giving permission to Venture
Investors, LLC, to install and maintain a monument in the traffic island in the
public right-of-way at of N.E. 94th Place at Flintlock Road for the purpose of
identifying the subdivision; assessing an encroachment fee in the amount of
$1,170.00; and estimating revenue in the amount of $1,170.00.
BE IT ORDAINED BY
THE COUNCIL OF KANSAS CITY:
Section 1. That
permission is hereby given to Venture Investors, LLC, its successors and
assigns, as owner and permittee, to identify the subdivision of Villas of Mont
Clair with a monument in the traffic island all in the City of Kansas City,
public right-of-way of N.E. 94th Place at N. Flintlock Road, all in the
recorded plat of Villas of Mont Clair, Kansas City, Clay County, Missouri.
Section 2. It is
understood that the Villas of Mont Clair Home Owners Association will succeed
Venture Investors, LLC, as the owner of the property, in the near future. All
permission and the conditions of that permission, as stated herein, will convey
to the Villas of Mont Clair Home Owners Association, its successors and
assigns, upon the recording of proper documentation.
Section 3. 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. 2002-294.
Section 4.
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 5. 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 encroachment, 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 have 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 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 construction 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 of the entrance marker permitted by this
ordinance.
Section 9. That in
consideration of the usefulness to Venture Investors, LLC, and reflecting a
fair assessment of the value of the right-of-way, the sum of $1,170.00 shall be
paid by Venture Investors, 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
this revenue in the following account of the General Fund is estimated in the
amount:
03-100-089-6233 Encroachment
Licenses $1,170.00
_____________________________________________
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:
___________________________________
Assistant
City Attorney