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Legislation #: 921068 Introduction Date: 9/17/1992
Type: Ordinance Effective Date: 10/11/1992
Sponsor: None
Title: Giving permission to the American Cancer Society Missouri Division, Inc., to construct and maintain an excavation/cribbing system in public right-of-way for a building at 1100 Pennsylvania Avenue.

Legislation History
DateMinutesDescription
9/17/1992

Prepare to Introduce

9/17/1992

Referred Operations And Aviation

9/23/1992

Do Pass

9/24/1992

Assigned to Third Read Calendar

10/1/1992

Passed


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ORDINANCE NO. 921068

 

Giving permission to the American Cancer Society Missouri Division, Inc., to construct and maintain an excavation/cribbing system in public right-of-way for a building at 1100 Pennsylvania Avenue.

 

WHEREAS, by Ordinance No. 911373, the American Cancer Society was given permission to construct and maintain a retaining wall, steps, and metal and masonry fence in the public right-of-way; and

 

WHEREAS, to protect the street from undermining during excavation, an excavation/cribbing system is required; NOW, THEREFORE

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That permission is given to the American Cancer Society Missouri Division, Inc., to construct and maintain an excavation/cribbing system in public right-of-way for a building at 1100 Pennsylvania Avenue, as shown on drawings known as "Exhibit A".

 

Section 2. That all material, design and method of construction shall be in accordance with all applicable codes and shall be subject to the approval of the Director of Codes Administration when final plans are submitted for a building permit.

 

Section 3. That 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 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 4. 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 5. That if the construction for which permission is herein given includes excavation, as defined in the Underground Facility Safety and Damage Prevention Act, sections 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.

 

APPROVED AS TO FORM AND

LEGALITY:

 

 

ASSISTANT CITY ATTORNEY