ORDINANCE NO. 981423

Giving permission to NationsBank to install holiday lighting on the existing trees in front of the bank properties at 10th Street and Baltimore Avenue.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That permission is hereby given to NationsBank, its successors and assigns, as owner and permittee, to install holiday lighting on the existing trees in front of the bank properties at 10th Street and Baltimore Avenue, 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 Codes Administration Department.

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 permittee or the owner of the underground encroachments provided for herein shall become a member who participates and cooperates with the statewide one-call notification center for so long as the encroachments remains in the public right-of-way.

Section 6. 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.

_____________________________________________

Approved as to form and legality:

___________________________________

Assistant City Attorney