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ORDINANCE NO. 980767
Giving permission to Atlas, Inc., to construct
and maintain two exit doors in the public right-of-way for the building at 1827
Vine Street; assessing an encroachment fee of $40.00; and estimating $40.00 in
revenue.
BE IT ORDAINED BY THE COUNCIL OF
KANSAS CITY:
Section 1. That permission is
hereby given to Atlas, Inc., as owner and permittee, to construct and maintain
two exit doors in the public right-of-way for the building at 1827 Vine 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. The
City shall provide notice to the property owner of pending action to revoke
this permission at least ninety days prior to such revocation.
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
received the approval of the Municipal Art Commission.
Section 7. That in consideration of
the usefulness to Atlas, Inc., and reflecting a fair assessment of the value of
the right-of-way, the sum of $40.00 shall be paid by Atlas, Inc., 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:
99-100-064-6232 Encroachment
Licenses $40.00
_____________________________________________
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.
___________________________________
Director
of Finance
Approved
as to form and legality:
___________________________________
Assistant
City Attorney