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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
_____________________________________________
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 and legality:
___________________________________
Assistant
City Attorney