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.
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Approved
as to form and legality:
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Assistant
City Attorney