ORDINANCE
NO. 001298
Giving permission to Mayfair
Homeowner Association to beautify and maintain three traffic islands in the
public right of way in 108th Street and 108th Street Terrace, east of Holmes
Road.
BE IT ORDAINED BY
THE COUNCIL OF KANSAS CITY:
Section 1. That
permission is hereby given to Mayfair Homeowner Associates, its successors and
assigns, as owner and permittee, to beautify and maintain three traffic islands
(the construction) in the public right of way in 108th Street and 108th Street
Terrace, east of Holmes Road, all in the recorded plats of Mayfair, Mayfair,
Lots 19 to 35, Inclusive, Mayfair, Lots 36 to 54, Inclusive and Mayfair,
Lots 55 to 95, Inclusive, Kansas City, Jackson County, Missouri.
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. 2000-259.
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.
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Approved
as to form and legality:
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Assistant
City Attorney