COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 981350

Giving permission to Sandra A. Reeves to install and maintain a 72 inch high wooden privacy fence in the public right of way of N.E. Barry Road, 2.0 feet south of the existing sidewalk adjoining the backyard of 1202 N.E. 83rd Terrace.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That permission is hereby given to Sandra A. Reeves, her heirs and assigns, as owner and permittee, to install and maintain a 72 inch high wooden privacy fence in the public right of way of N.E. Barry Road, 2.0 feet south of the existing sidewalk adjoining the backyard of 1202 N.E. 83rd Terrace, in 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. 1998-232.

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 Chapter 64 of the Code of Ordinances. In the event that ordinances are modified during the life of the construction, the insurance provided by the permittee shall be revised to conform with the modified requirements.

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.

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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