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
Section 8. That the revenue in the following account of
the General Fund is estimated in the following
08-1000-642510-462320 Permits $1,942.50
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.
as to form and legality:
Margaret Sheahan Moran
Assistant City Attorney