ORDINANCE NO. 991097
Giving permission to the Kansas City Area
Transportation Authority, to install and maintain freestanding advertising
kiosks at 98 current transit shelter sites.
BE IT ORDAINED BY THE COUNCIL OF
Section 1. That permission is
hereby given to the Kansas City Area Transportation Authority, its successors
and assigns, as owner and permittee, to install and maintain 98 freestanding
advertising kiosks at current transit shelter locations.
Section 2. That all material,
design and method of construction shall be in accordance with the plans and
specifications approved by the City Engineer and identified as Public Works
File No. 1998-245.
Section 3. That in order 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 Chapter 64 of
the Code of Ordinances. In the event that ordinances are modified during the
life of the construction, the insurance provided by the permittee shall be
revised to conform with the modified requirements.
Section 4. 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 5. 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.
as to form and legality: