ORDINANCE NO. 011057

Giving permission to Lumbermens Investment Corporation, its successors and assigns, to identify the subdivisions of Autumn Ridge with a marker in the traffic island of the Kansas City public right of way of N. Hull Avenue at N.W. Tiffany Springs Road; assessing an encroachment fee in the amount of $150.00; and estimating revenue in the amount of $150.00.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That permission is hereby given to Lumbermens Investment Corporation, its successors and assigns, as owner and permittee to identify the subdivision of Autumn Ridge with a marker (the construction ) in the traffic island of the Kansas City public right of way of N. Hull Avenue at N.W. Tiffany Springs Road, all in the recorded plat of Autumn Ridge-Fourth Plat, Kansas City, Platte County, Missouri. The design of said marker was approved by the Municipal Art Commission on March 19, 2001.

Section 2. It is understood that the Autumn Ridge Home Owners Association will succeed

Lumbermens Investment Corporation, as the owners of the property, in the near future. All permission and the conditions of that permission, as stated herein, will convey to the Autumn Ridge Home Owners Association, its successors and assigns upon proper documentation.

Section 3. That all material, design and method of construction shall be in accordance with the plans and specifications approved by the City Engineer and identified as Public Works File No. 2001-096.

Section 4. Permittee, by accepting the benefits conferred by this ordinance agrees to defend, indemnify, and hold harmless the City from any and all claims, suits, losses or damages as a result of this permission.

Section 5. That in order to hold the City harmless from claims for bodily injury and for property damage arising out of the construction and duration of the encroachment, 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 construction and/or duration of the encroachment, the insurance provided by the permittee shall be revised to conform to the modified requirements. If, at any time, the insurance is cancelled or allowed to expire the permittee shall remove said encroachments from the right of way. If a reasonable time lapses upon such cancellation or expiration, and the permittee has not removed the encroachment herein permitted, the City may remove them without notice. Upon removal title to all materials, which have been removed, shall vest in the 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 6. That, at its own expense, permittee will cause the encroachment 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 encroachment as herein provided, then the City may remove them without notice. Upon removal,

title to all materials, which has been removed, shall vest in the City so that they be disposed of for scrap with proceeds going to Kansas City as compensation for the cost of removal.

Section 7. That the permission given shall be construed as a permit, and not as 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 encroachment and the restoration of the area without expense to the City.

Section 8. That the permission herein granted requires that a permit be obtained from the Director of Public Works for the construction of the entrance marker permitted by this ordinance.

Section 9. That in consideration of the usefulness to Lumbermens Investment Corporation and reflecting a fair assessment of the value of the right of way, the sum of $150.00 shall be paid by Lumbermens Investment Corporation, 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 10. That the revenue in the following account of the General Fund is estimated in the amount:

02-100-089-6233 Encroachment Licenses $150.00

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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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Director of Finance

Approved as to form and legality:

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Assistant City Attorney