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Legislation #: 030434 Introduction Date: 4/3/2003
Type: Ordinance Effective Date: 5/4/2003
Sponsor: None
Title: Giving permission to Boulevard Brewing Company, its successors and assigns, to install and maintain a sampling manhole, a waste processing manhole and a planter bed in the Kansas City public right-of-way of 2501 Southwest Boulevard for the purpose of sampling the waste outfall from the brewery production facilities and to maintain visual continuity across the front of the building; assessing an encroachment fee in the amount of $224.00; and estimating revenue in the amount of $224.00.

Legislation History
DateMinutesDescription
4/24/2003

Waive Charter Requirements City Council

4/17/2003

Waive Charter Requirements City Council

4/3/2003

Prepare to Introduce

4/3/2003

Referred Operations Committee

4/16/2003

Do Pass

4/17/2003

Add to Consent Docket

4/24/2003

Passed


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ORDINANCE NO. 030434

 

Giving permission to Boulevard Brewing Company, its successors and assigns, to install and maintain a sampling manhole, a waste processing manhole and a planter bed in the Kansas City public right-of-way of 2501 Southwest Boulevard for the purpose of sampling the waste outfall from the brewery production facilities and to maintain visual continuity across the front of the building; assessing an encroachment fee in the amount of $224.00; and estimating revenue in the amount of $224.00.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That permission is hereby given to Boulevard Brewing Company, its successors and assigns, as owner and permittee, to install and maintain a sampling manhole, a waste processing manhole and a planter bed in the Kansas City public right-of-way of 2501 Southwest Boulevard, all in the recorded plat of Gates Addition, 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. 2003-095.

 

Section 3. Permittee, by accepting the benefits conferred by this ordinance agrees to defend, indemnify, and hold harmless the City from any and all claims, suits, losses or damage as a result of this permission.

 

Section 4. That in order to hold the City harmless from claims for bodily injury and for property damage arising out of the construction and duration of the encroachments, 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 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 remove said encroachments from the right-of-way. If a reasonable time lapses upon such cancellation or expiration, and the permittee has not removed the encroachments herein permitted, 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, 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 6. 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 encroachments and the restoration of the area without expense to the City.

 

Section 7. That the permission herein granted requires that a permit be obtained from the Director of Public Works for the construction of the sampling manhole, the waste processing manhole and the planter bed permitted by this ordinance.

 

Section 8. That in consideration of the usefulness to Boulevard Brewing Company, and reflecting a fair assessment of the value of the right-of-way, the sum of $224.00 shall be paid by Boulevard Brewing Company, 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 9. That this revenue in the following account of the General Fund is estimated in the amount:

 

03-100-089-6233 Encroachment Licenses $224.00

 

_____________________________________________

 

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:

 

 

___________________________________

Assistant City Attorney