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Legislation #: 070391 Introduction Date: 3/29/2007
Type: Ordinance Effective Date: none
Sponsor: None
Title: Giving permission to Kauffman Center for the Performing Arts to construct and maintain an underground shoring system and waiving the encroachment fee.

Legislation History
DateMinutesDescription
3/28/2007 Filed by the Clerk's office
3/29/2007 Referred to Operations Committee
4/4/2007 Advance and Do Pass as a Committee Substitute, Debate
4/5/2007 Passed as Substituted

View Attachments
FileTypeSizeDescription
070391.pdf Authenticated 67K Authenticated
Fact Sheet Kauffman.xls Fact Sheet 53K Fact Sheet
Fiscal Note.xls Fiscal Note 32K Kauffman Center for the Performing Arts

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 070391

 

Giving permission to Kauffman Center for the Performing Arts to construct and maintain an underground shoring system and waiving the encroachment fee.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That permission is hereby given to Kauffman Center for the Performing Arts, as owner and permittee, to construct and maintain an underground shoring system in the public right-of-way at 1601 Broadway and 399 W. 16th 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 City Planning and Development 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, Sections 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. That the license payment to the City is hereby waived in light of the special nature of the encroachment for the benefit of the Kauffman Center for the Performing Arts.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

M. Margaret Sheahan Moran

Assistant City Attorney