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Legislation #: 950780 Introduction Date: 6/8/1995
Type: Ordinance Effective Date: 6/25/1995
Sponsor: None
Title: Repealing Committee Substitute for Ordinance No. 930004, As Amended, which previously granted permission for encroachments to Twentieth Century Realty and, in lieu thereof, granting permission to Twentieth Century Realty to install and maintain tree wells, lights and banners in public right-of-way in front of Twentieth Century Towers at 4500-4558 Main Street.

Legislation History
DateMinutesDescription
6/8/1995

Prepare to Introduce

6/8/1995

Referred Operations And Aviation

6/14/1995

Advance and Do Pass as a Committee Substitute

6/15/1995

Passed as Substituted


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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 950780

 

Repealing Committee Substitute for Ordinance No. 930004, As Amended, which previously granted permission for encroachments to Twentieth Century Realty and, in lieu thereof, granting permission to Twentieth Century Realty to install and maintain tree wells, lights and banners in public right-of-way in front of Twentieth Century Towers at 4500-4558 Main Street.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Committee Substitute for Ordinance No. 930004, As Amended, previously enacted, is hereby repealed.

 

Section 2. That permission is given to Twentieth Century Realty, as owner and permittee, to install and maintain twenty-five tree wells with lighting and eleven ornamental pedestrian lights with banners in public right-of-way in front of Twentieth Century Towers at 4500-4558 Main Street in Kansas City, Jackson County, Missouri.

 

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. 1995-93.

 

Section 4. That in order to hold the City harmless from claims for bodily injury and for property damage arising out of the construction, 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, the insurance provided by the permittee shall be revised to conform with the modified requirements.

 

Section 5. That, at its own expense, permittee will cause the encroachment 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 the 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 the permittee or the owner of the twenty-five tree wells with lights provided for herein shall become a member who participates and cooperates with the statewide one-call notification center for so long as the encroachments remain in the public right-of-way.

 

Section 7. That the permission herein 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 and the restoration of the area without expense to the City.

 

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Approved as to form and legality:

 

 

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Assistant City Attorney