ORDINANCE NO. 961062
Giving permission to St. Luke's Hospital of Kansas City,
to construct and maintain a pedestrian bridge in the public right-of-way for
the building at 4401 Wornall Road; assessing an encroachment fee of $1,242.00;
and estimating $1,242.00 in revenue.
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That permission is hereby given to St.
Luke's Hospital of Kansas City, as owner and permittee, to construct and
maintain a pedestrian bridge in the public right-of-way for the building at
4401 Wornall Road 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 St. Luke's Hospital of Kansas City and reflecting a fair assessment of the
value of the right-of-way, the sum of $1,242.00 shall be paid by St. Luke's
Hospital of Kansas City, 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 $1,242.00
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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