ORDINANCE NO. 070868

Giving permission to Rob and Margarita Dalzell to construct and maintain a fence enclosure and gates in the right-of-way for the restaurant at 1924 Main; assessing an encroachment fee in the amount of $1,942.50; and estimating revenue in the amount of $1,942.50.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That permission is hereby given to Rob and Margarita Dalzell, as owner and permittee, to construct and maintain a fence enclosure and gates in the public right-of-way at 1924 Main as shown on drawings marked 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 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, 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. That the installation has been approved by the Municipal Art Commission.

Section 7. That in consideration of the usefulness to, and reflecting a fair assessment of the value of the right of way, the sum of $1,942.50 shall be paid by the owner, 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 following amount:

08-1000-642510-462320 Permits $1,942.50

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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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Debra R. Hinsvark

Director of Finance

Approved as to form and legality:

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M. Margaret Sheahan Moran

Assistant City Attorney