KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 030433 Introduction Date: 4/3/2003
Type: Ordinance Effective Date: 5/4/2003
Sponsor: None
Title: Giving permission to Wedgewood Pointe Development, L.C., its successors and assigns, to install and maintain a monument in the traffic island of the Kansas City public right-of-way of Hocker Avenue and Bannister Road for the purpose of identifying the subdivision; assessing an encroachment fee in the amount of $900.00; and estimating revenue in the amount of $900.00.

Legislation History
DateMinutesDescription
4/3/2003

Prepare to Introduce

4/3/2003

Referred Operations Committee

4/16/2003

Do Pass

4/17/2003

Add to Consent Docket

4/24/2003

Passed


View Attachments
FileTypeSizeDescription
No attachment(s) found

Printer Friendly Version

ORDINANCE NO. 030433

 

Giving permission to Wedgewood Pointe Development, L.C., its successors and assigns, to install and maintain a monument in the traffic island of the Kansas City public right-of-way of Hocker Avenue and Bannister Road for the purpose of identifying the subdivision; assessing an encroachment fee in the amount of $900.00; and estimating revenue in the amount of $900.00.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That permission is hereby given to Wedgewood Pointe Development, L.C., its successors and assigns, as owner and permittee, to identify the subdivision of Wedgewood Pointe with a monument in the traffic island of the Kansas City public right-of-way of Hocker Avenue and Bannister Road, all in the recorded plat of Wedgewood Pointe, Kansas City, Jackson County, Missouri.

 

Section 2. It is understood that the Wedgewood Pointe Home Owners Association will succeed Wedgewood Pointe Development, L.C., as the owner of the property in the near future. All permission and the condition of that permission, as stated herein, will convey to the Wedgewood Pointe Home Owners Association, its successors and assigns, upon the recording of 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. 2003-096.

 

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 damage 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 with the modified requirements. If at any time, the insurance is canceled or allowed to expire the permittee shall remove said encroachment 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 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 it remains in the right-of-way and will cause it to be removed when it is no longer in use. If the permittee fails to either maintain or repair the


encroachment as herein provided, then the City may remove it without notice. Upon removal, title to all materials which has 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 7. 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 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 Wedgewood Pointe Development, L.C., and reflecting a fair assessment of the value of the right-of-way, the sum of $900.00 shall be paid by Wedgewood Pointe Development, L.C., 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 this revenue in the following account of the General Fund is estimated in the amount:

 

03-100-089-6233 Encroachment Licenses $900.00

 

_____________________________________________

 

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.

 

 

___________________________________

Director of Finance

 

Approved as to form:

 

 

___________________________________

Assistant City Attorney