KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 031071 Introduction Date: 9/25/2003
Type: Ordinance Effective Date: 10/19/2003
Sponsor: None
Title: Giving permission to Habitat for Humanity, Kansas City, its successors and assigns, to install and maintain a retaining wall in the City of Kansas City public right-of-way of E. 29th Street at 2901 Flora for the purpose of improving safety and grade of the property by replacing an existing deteriorating retaining wall with a shorter wall; assessing an encroachment fee in the amount of $325.00; and estimating revenue in the amount of $325.00.

Legislation History
DateMinutesDescription
9/24/2003

Prepare to Introduce

9/25/2003

Referred Operations Committee

10/1/2003

Do Pass

10/2/2003

Assigned to Third Read Calendar

10/9/2003

Passed


View Attachments
FileTypeSizeDescription
031071.pdf Other 356K Authenticated and Additional Documents

Printer Friendly Version

ORDINANCE NO. 031071

 

Giving permission to Habitat for Humanity, Kansas City, its successors and assigns, to install and maintain a retaining wall in the City of Kansas City public right-of-way of E. 29th Street at 2901 Flora for the purpose of improving safety and grade of the property by replacing an existing deteriorating retaining wall with a shorter wall; assessing an encroachment fee in the amount of $325.00; and estimating revenue in the amount of $325.00.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That permission is hereby given to Habitat for Humanity, Kansas City, its successors and assigns, as owner and permittee, to install and maintain a retaining wall in the City of Kansas City, public right-of-way of E. 29th Street at 2901 Flora, all in the recorded plat of Mount Hope, Kansas City, Jackson County, Missouri.

 

Section 2. It is understood that Denise Newman will succeed Habitat for Humanity, Kansas City, as the owner of the property, in the near future. All permission and the conditions of that permission, as stated herein, will convey to Denise Newman, her successors and assigns upon the recording of proper documentation.

 

Section 3. 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. 2002-294.

 

Section 4. 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 5. 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 encroachment, 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 have 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 6. 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 7. That the permission given shall be construed as a permit, and not as 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 encroachment and the restoration of the area without expense to the City.

 

Section 8. That the permission herein granted requires that a permit be obtained from the Director of Public Works for the construction of the retaining wall permitted by this ordinance.

 

Section 9. That in consideration of the usefulness to Habitat for Humanity, Kansas City, and reflecting a fair assessment of the value of the right-of-way, the sum of $325.00 shall be paid by Habitat for Humanity, Kansas City, 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 10. That this revenue in the following account of the General Fund is estimated in the amount:

 

04-100-089-6233 Encroachment Licenses $325.00

 

_____________________________________________

 

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.

 

 

___________________________________

Kevin Riper

Director of Finance

 

Approved as to form and legality:

 

 

___________________________________

James M. Brady

Assistant City Attorney