ORDINANCE NO. 961102
Giving permission to United Parker Square LTD.PTP to
install and maintain a decorative wrought iron fence in public right of way on
Paseo and on Mary Lou Williams Lane; assessing an encroachment fee of $414.00;
and estimating $414.00 in revenue.
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That permission is hereby given to
United Parker Square LTD.PTP, its successors and assigns, as owner and
permittee, to construct and maintain a decorative wrought iron fence in public
right of way on Paseo and on Mary Lou Williams Lane to add security for the
Parker Square Apartments in 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 the Board of Parks and Recreation Commissioners under
Resolution No. 23501 and identified as Public Works File No. 1996-119.
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 encroachment provided for herein to be maintained in good repair for
so long as it remains in the right of way and will cause it to be removed when
it is 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 the 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 herein 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 6. That in consideration of the usefulness
to United Parker Square LTD.PTP and reflecting a fair assessment of the value
of the right of way, the sum of $414.00 shall be paid by United Parker Square
LTD.PTP 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 7. That the revenue in the following
account of the General Fund is estimated in the amount:
97-100-089-6233 Encroachment
Licenses $414.00
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Approved as to form and
legality:
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Assistant City Attorney