Section 107-452; Ord. 19130; Allowing a building permit to be issued to Broadway Bluffs Owners Association for structures in utility easements within portions of Lots 2, 3, and 4 of Broadway Bluffs Subdivision


Ordinance No. 19130                            Council Bill No. B 279-06

     AN ORDINANCE

allowing a building permit to be issued to Broadway Bluffs Owners Association for structures in utility easements within portions of Lots 2, 3, and 4 of Broadway Bluffs Subdivision; approving a waiver of claim and indemnity agreement; authorizing a right of use permit to allow the construction, improvement, operation and maintenance of two retaining walls within a portion of the East Broadway right-of-way; and fixing the time when this ordinance shall become effective.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.    The City Council determines that:

    a.    The request of Broadway Bluffs Owners Association to construct two segmental block retaining walls ("the improvement") in utility easements within portions of Lots 2, 3, and 4 of Broadway Bluffs Subdivision is reasonable.

    b.    The improvement as proposed contains adequate protection to insure full ingress and egress to all portions of the easements insuring full and safe maintenance, construction and reconstruction of all utility structures located or which could be located within the easements.

    c.    The improvement as proposed contains adequate protection to insure full use of the easements for utility purposes without danger to public property and to the health, safety and welfare of the citizens of the City.

    SECTION 2.    The City Manager is authorized to execute a waiver of claim and indemnity agreement with Broadway Bluffs Owners Association, a copy of which, marked "Attachment A," is attached to this ordinance.

    SECTION 3.    The City Manager is authorized to execute a right of use permit with Broadway Bluffs Owners Association to allow the construction, improvement, operation and maintenance of two segmental block retaining walls within a portion of the East Broadway right-of-way.  The form and content of the permit shall be substantially as set forth in "Attachment B" attached hereto and made a part hereof as fully as if set forth herein verbatim.

    SECTION 4.    This ordinance shall be in full force and effect from and after its passage.

    PASSED this 17th day of July, 2006.