ORDINANCE NO. 900258
Giving permission to Creative Restaurant Management to
construct and maintain a stepped platform, footings, railing, canopy and
planters in public right-of-way for a building at 4749 Pennsylvania.
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That permission is hereby given to
Creative Restaurant Management, as owner and permittee, to construct and
maintain the stepped platform, footings, railing, canopy, and planters on a
building at 4749 Pennsylvania as shown on drawings known as Exhibit
Section 2. That all material, design and method 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 in order 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
that 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.
Section 4. That the permission herein 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 5. That if the construction for which
permission is herein given includes "excavation" as defined in the
"Underground Facility Safety and Damage Prevention Act of 1976",
Sections 319.010 through 319.050, Missouri Revised Statutes, the permittee
shall observe and comply with the requirements of the Act. A permit for any
excavation shall be required from the City Engineering Division.
Section 6. The installation has been approved by
the Municipal Art Commission.
Section 7. The installation has been approved by
the Board of Parks and Recreation Commissioners.
Section 8. That accessibility and adaptability be
provided in accordance with Section 9.1.103(1), Code of General
Approved as to form and
Assistant City Attorney