ORDINANCE NO. 030032

Repealing Committee Substitute for Ordinance No. 021169 previously passed and enacting a new ordinance that correctly states the scope of work permitted and permission granted to the Federal Reserve Bank of Kansas City, its successors and assigns, for the construction and maintenance of planters on the north side of 10th Street between Grand Avenue and McGee Street and on the west side of McGee Street from 10th Street to a point 250.00 feet north, two operable vehicle barriers in the north/south alley between 9th and 10th Street, and two operable vehicle barriers located on the north sidewalk of 10th Street all in the City of Kansas City, Jackson County, Missouri.

WHEREAS, the Council previously adopted Committee Substitute for Ordinance No. 021169 that gave permission to the Federal Reserve Bank of Kansas City, its successors and assigns, for the construction and maintenance of planters on the north side of 10th Street between Grand Avenue and McGee Street and on the west side of McGee Street from 10th Street to a point 250.00 feet north, and two operable vehicle barriers in the north/south alley between 9th and 10th Street all in the City of Kansas City, Jackson County, Missouri; and

WHEREAS, the City Engineer has determined that the scope of work previously established for that encroachment ordinance is incorrect and that it is necessary that a new scope of work be established; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That Ordinance No. 021169 is hereby repealed and this Ordinance is hereby enacted to correctly state the scope of work permitted.

Section 2. That permission is hereby given to the Federal Reserve Bank of Kansas City, its successors and assigns, for the construction and maintenance of planters on the north side of 10th Street between Grand Avenue and McGee Street and on the west side of McGee Street from 10th Street to a point 250.00 feet north, two operable vehicle barriers in the north/south alley between 9th and 10th Street, and two operable vehicle barriers located on the north sidewalk of 10th Street, all with respect to the property known as 925 Grand Boulevard, all in the City of Kansas City, Jackson County, Missouri.

Section 3. That all material, design and method of the construction shall be in accordance with the plans and specifications approved by the City Engineer and identified as Public Works File No. 2002-271.

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 planters and vehicle barriers, the Federal Reserve Bank of Kansas City 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 the Ordinances are modified during the construction and/or duration of the encroachments, the insurance provided by the Federal Reserve Bank of Kansas City shall be revised to conform to the modified requirements. If, at any time, the insurance is cancelled or allowed to expire, the Federal Reserve Bank of Kansas City shall remove said encroachments from the right-of-way. If a reasonable time lapses upon such cancellation or expiration, and the Federal Reserve Bank of Kansas City 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 the City of Kansas City as compensation for the cost of removal.

Section 6. That, at its own expense, the Federal Reserve Bank of Kansas City 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 Federal Reserve Bank of Kansas City 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 the City of 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 Federal Reserve Bank of Kansas City 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 8. That the permission herein granted requires that an excavation permit be obtained from the Street and Traffic Division of Public Works for the construction of the landscape and vehicle barriers by this Ordinance.

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Approved as to form and legality:

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Assistant City Attorney