KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 051150 Introduction Date: 9/15/2005
Type: Ordinance Effective Date: none
Sponsor: None
Title: Giving permission to Auburndale Estates Homes Association, its successors and assigns, to install and maintain a monument/entrance marker in the traffic island of the Kansas City public right-of-way of NE 112th Street at M-291 for the purpose of identifying the subdivision; assessing an encroachment fee in the amount of $2,496.00; and estimating revenue in the amount of $2,496.00.

Legislation History
DateMinutesDescription
9/14/2005 Filed by the Clerk's office
9/15/2005 Referred to Operations Committee
9/21/2005 Advance and Do Pass, Debate
9/22/2005 Passed
9/29/2005 Councilmember Riley Move to Amend
9/29/2005 Passed as Amended

View Attachments
FileTypeSizeDescription
051150.pdf Authenticated 117K Authenticated
051150.pdf Authenticated 113K Authenticated
rev Fact Sheet Auburndale Estates.doc Fact Sheet 55K Revised Fact Sheet
Fact Sheet Auburndale Estates.doc Fact Sheet 54K fact sheet

Printer Friendly Version

ORDINANCE NO. 051150, AS AMENDED

 

Giving permission to Auburndale Estates Homes Association, its successors and assigns, to install and maintain a monument/entrance marker in the traffic island of the Kansas City public right-of-way of NE 112th Street at M-291 for the purpose of identifying the subdivision; assessing an encroachment fee in the amount of $2,496.00; and estimating revenue in the amount of $2,496.00.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That permission is hereby given to Auburndale Estates Homes Association, its successors and assigns, as owner and permittee to install and maintain a monument in the traffic island of the Kansas City public right-of-way of NE 112th Street at M-291, all in Kansas City, Clay County, Missouri.

Section 2. That all material, design and method of the construction shall be in accordance with the plans and specifications approved by the City Engineer and identified as Public Works File No. 2005-374.

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 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 constructions and/or duration of the encroachments, the insurance provided by the permittee shall be revised to conform to the modified requirements. If, at any time, the insurance is cancelled 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, at its own expense, permittee will cause the encroachment provided for herein to be maintained in good repair for so long as it remains in the right-of-way, and will cause it to be removed when it is no longer in use. If the permittee fails to either maintain or repair the encroachment as herein provided, then the City may remove it 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 the permission given shall be construed as a permit, and not as 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 encroachment and the restoration of the area without expense to the City.

Section 7. That the permission herein granted requires that a permit be obtained from the Director of Public Works for the construction of the monument/entrance marker permitted by this ordinance.

Section 8. That in consideration of the usefulness to Auburndale Estates Homes Association, and reflecting a fair assessment of the value of the right-of-way, the sum of $2,496.00 shall be paid by Auburndale Estates Homes Association, 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 9. That the revenue in the following account is estimated in the following amount:

06-1000-640000-462330 Encroachment Licenses $2,496.00.

_____________________________________________

 

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:

 

 

___________________________________

Mark P. Jones

Assistant City Attorney