ORDINANCE NO. 041427
Giving permission to Ollie
Gates, d/b/a as O.G. Investments, his successors, and assigns, to extend, and
maintain a parking lot within the Kansas City, Missouri public right of way of Brooklyn Avenue, north of 12th Street; assessing an encroachment fee in the amount of
$831.60; and estimating revenue in the amount of $831.60.
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section 1. That
permission is hereby given to Ollie Gates, d/b/a O.G. Investments, his successors
and assigns, as owner and permittee to extend, and maintain parking lot within
the Kansas City public right-of-way of Brooklyn Avenue, north of 12th Street, all in Kansas City, Jackson 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. 2004-464.
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 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 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 and maintenance of parking lot, permitted
by this ordinance.
Section 8. That in
consideration of the benefit to the City from the improvement to the property
owned by Ollie Gates, d/b/a O.G. Investments, the fair assessment value of the
right-of-way, the sum of $831.60 shall be paid by said Ollie Gates, dba as O.G.
Investments, 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 of the General Fund is estimated in the
amount:
05-1000-890000-462330 Encroachment
Licenses $831.60
_____________________________________________
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