ORDINANCE NO. 001447

Giving permission to Claybrook Homes Association to identify their subdivision with markers in the Kansas City public right-of-way of N.E. 77th Street and N.E. 79th Street, on the east side of N.E. Antioch Road; assessing an encroachment fee in the amount of $20.00; and estimating revenue in the amount of $20.00.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That permission is hereby given to Claybrook Homes Association, its successors and assigns, as owner and permittee, to identify their subdivision with markers (the construction) in the Kansas City public right-of-way of N.E. 77th Street and N.E. 79th Street, on the east side of N.E. Antioch Road, all in the recorded plats of Claybrook - First Plat and Claybrook - Second Plat, Kansas City, Clay 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 identified as Public Works File No. 2000-328.

Section 3. That as a condition for the permission given under this ordinance, 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 order to hold the City harmless from claims for bodily injury and for property damage arising out of the construction and for the duration of the encroachments. In the event that ordinances are modified during the life of the construction and/or duration of the encroachments, 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 immediately remove the encroachments from the right-of-way. If a reasonable time lapses upon such cancellation or expires and the permittee has not removed the encroachments herein permitted, the City may remove them without notice. Upon removal, title of 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 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 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 6. That in consideration of the usefulness to the Claybrook Homes Association, and reflecting a fair assessment of the value of the right-of-way, the sum of $20.00 shall be paid by the Claybrook Homes Association, 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 7. That this revenue in the following account of the General Fund is estimated in the amount:

01-100-089-6233 Encroachment Licenses $20.00

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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