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ORDINANCE
NO. 021510
Giving permission to KC Urban
Public Library District to construct and maintain a temporary soil retention
system in the public right-of-way for the building at 4801 Main Street;
assessing an encroachment fee of $2,040.00; and estimating $2,040.00 in
revenue.
BE IT ORDAINED BY
THE COUNCIL OF KANSAS CITY:
Section 1. That
permission is hereby given to KC Urban Public Library District, as owner and
permittee, to construct and maintain a temporary soil retention system in the
public right-of-way for the building at 4801 Main 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.
Section 4. 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 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. The
installation has been approved by the Municipal Art Commission.
Section 7. That in
consideration of the usefulness to KC Urban Public Library District, and
reflecting a fair assessment of the value of the right-of-way, the sum of
$2,040.00 shall be paid by KC Urban Public Library District 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:
03-100-064-6232 Encroachment
Licenses $2,040.00
_____________________________________________
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