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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Ordinance No. 021169 is hereby repealed and this Ordinance is hereby enacted to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