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Legislation #: 051110 Introduction Date: 9/8/2005
Type: Ordinance Effective Date: none
Sponsor: None
Title: Giving permission to the 4646 Broadway, L.L.C., to construct and maintain an excavation shoring system for the building at 4610 Broadway; assessing an encroachment fee of $5,000.00; and estimating $5,000.00 in revenue.

Legislation History
DateMinutesDescription
9/6/2005 Filed by the Clerk's office
9/8/2005 Referred to Finance Committee
9/14/2005 Do Pass as a Committee Substitute
9/15/2005 Assigned Third Read Calendar as Substituted
9/22/2005 Passed as Substituted

View Attachments
FileTypeSizeDescription
051110.pdf Authenticated 81K Authenticated
CPD Approp _ Admin 8-30-2005.xls Other 323K Appropriation Transaction Form
4610 Broadway Fact Sheet.xls Advertise Notice 51K Revised Fact Sheet
4610 Broadway Fact Sheet.xls Fact Sheet 51K Fact Sheet
Encroachment Fiscal Note - 4610 Broadway.xls Fiscal Note 32K Fiscal Note
4610 Broadway Encroach Ord.doc Other 339K Ordinance Request

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 051110

 

Giving permission to the 4646 Broadway, L.L.C., to construct and maintain an excavation shoring system for the building at 4610 Broadway; assessing an encroachment fee of $5,000.00; and estimating $5,000.00 in revenue.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That permission is hereby given to 4646 Broadway, L.L.C., as owner and permittee, to construct and maintain an excavation shoring system in the public right-of-way for the building at 4610 Broadway as shown on drawings known as Exhibit A.

 

Section 2. That to hold the City harmless from claims for bodily injury and for property damage arising out of the construction and maintenance of the shoring system, the permittee shall keep in force a policy of liability insurance in an amount not less than that required by the Building Code. In the event the insurance requirements of the Building Code are modified during the life of the construction, the insurance provided by the permittee shall be revised to conform with the modified Building Code standard.

 

Section 3. 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 4. That if the construction for which permission is herein given includes excavation, as defined in the Underground Facility Safety and Damage Prevention Act, section 319.010 through 319.050, Revised Statutes of Missouri, the permittee shall observe and comply with the requirements of the Act. A permit for any excavation shall be required from the City Engineer.

 

Section 5. That in consideration of the usefulness to 4646 Broadway, L.L.C., and reflecting a fair assessment of the value of the right of way, the sum of $5,000.00 shall be paid by 4646 Broadway, L.L.C., 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 6. That the additional revenue in the following account of the General Fund is estimated in the amount:

 

06-1000-640000-462330 Encroachment Licenses $5,000.00

 

_____________________________________________

 


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.

 

 

___________________________________

Wanda Gunter

Acting Director of Finance

 

Approved as to form and legality:

 

 

___________________________________

Assistant City Attorney