KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 970169 Introduction Date: 2/13/1997
Type: Ordinance Effective Date: 3/6/1997
Sponsor: None
Title: Giving permission to Kansas City Downtown Hotel Group, L.L.C., to maintain a pedestrian overpass in the public right-of-way for the building at 109 W. 12th Street; assessing an encroachment fee of $11,143.00; and estimating $11,143.00 in revenue; authorizing the Director of City Development to execute a Pedestrian Overpass Agreement.

Legislation History
DateMinutesDescription
2/13/1997

Prepare to Introduce

2/13/1997

Referred City Operations Committee

2/19/1997

Do Pass as a Committee Substitute

2/20/1997

Assigned to Third Read Calendar

2/24/1997

Passed as Substituted


View Attachments
FileTypeSizeDescription
No attachment(s) found

Printer Friendly Version

 

COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 970169

 

Giving permission to Kansas City Downtown Hotel Group, L.L.C., to maintain a pedestrian overpass in the public right-of-way for the building at 109 W. 12th Street; assessing an encroachment fee of $11,143.00; and estimating $11,143.00 in revenue; authorizing the Director of City Development to execute a Pedestrian Overpass Agreement.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That permission is hereby given to Kansas City Downtown Hotel Group, L.L.C., as owner and permittee, to maintain a pedestrian overpass in the public right-of-way for the building at 109 W. 12th Street as shown on drawings known 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 Codes Administration 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, as more specifically provided in the Pedestrian Overpass Agreement.

 

Section 4. That the permission shall be construed as a permit and not a grant, but said permit may be revoked by the Council in accordance with Section 9 of the Pedestrian Overpass Agreement or by the Council in the reasonable exercise of its sovereign authority over public rights-of-way and/or by virtue of its police powers; 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 Kansas City Downtown Hotel Group, L.L.C., and reflecting a fair assessment of the value of the right-of-way, the sum of $11,143.00 shall be paid by Kansas City Downtown Hotel Group, L.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 8. That the revenue in the following account of the General Fund is estimated in the amount:

 

97-100-064-6232 Encroachment Licenses $11,143.00

 

Section 9. That the Director of City Development is hereby authorized, on behalf of the City, to execute the Pedestrian Overpass Agreement with Kansas City Downtown Hotel Group, L.L.C., a copy of which agreement, in substantial form, is attached hereto as "Exhibit B".

 

_____________________________________________

 

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:

 

 

 

___________________________________

City Attorney