ORDINANCE
NO. 000481
Giving permission to GF Mark
Twain Associates, L.L.C., to construct and maintain an awning in the public
right-of-way for the building at 106 West 11th Street; assessing an
encroachment fee of $2,713.00; and estimating $2,713.00 in revenue.
BE IT ORDAINED BY
THE COUNCIL OF KANSAS CITY:
Section 1. That
permission is hereby given to GF Mark Twain Associates, L.L.C., as owner and
permittee, to construct and maintain an awning in the public right-of-way for
the building at 106 West 11th 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 GF Mark Twain Associates, L.L.C., and
reflecting a fair assessment of the value of the right-of-way, the sum of
$2,713.00 shall be paid by GF Mark Twain Associates, L.L.C., 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:
00-100-064-6232 Encroachment
Licenses $2,713.00
_____________________________________________
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