ORDINANCE NO. 961226
Giving permission to Old Town Partners II, L.P., to
construct and maintain two emergency exit doorways in the public right-of-way
for the building at 6 W. 3rd Street; assessing an encroachment fee of $27.00;
and estimating $27.00 in revenue.
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That permission is hereby given to Old
Town Partners II, L.P., as owner and permittee, to construct and maintain two
emergency exit doorways in the public right-of-way for the building at 6 W. 3rd
Street as shown on drawings known as Exhibit "A".
Section 2. That all materials, design and methods
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, 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 6. The installation has been approved by
the Municipal Art Commission.
Section 7. That in consideration of the usefulness
to Old Town Partners II, L.P., and reflecting a fair assessment of the value of
the right-of-way, the sum of $27.00 shall be paid by Old Town Partners II,
L.P., 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 8. That the revenue in the following
account of the General Fund is estimated in the amount:
97-100-064-6232 Encroachment
Licenses $27.00
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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.
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Director of Finance
Approved as to form and
legality:
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Assistant City Attorney