ORDINANCE NO. 940195
Granting permission to Trans World Airlines, Inc. and
Worldspan, L.P. to maintain electrical conduits and manholes on Kansas City
International Airport property and within the limits of street right of way on
the north side of N.W. 115th Street and west of Interstate 29.
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That permission is hereby granted to
Trans World Airlines, Inc. ("T.W.A."), and Worldspan, L.P.
("Worldspan") and their respective successors and assigns, to
construct and maintain electrical conduits encased in concrete and seven
manholes within a fifteen foot wide tract within the property the centerline of
which is generally described as follows:
Beginning at the switch gear building located in
Section 23, Township 52, Range 34, Kansas City, Platte County,
Missouri, and continuing in a northwesterly direction to Manhole No. 1;
then continuing in a generally northeasterly direction various courses and
distances through Manhole No. 2 and Manhole No. 3 to Manhole No. 4;
then continuing easterly to the Kansas City International Airport property
line; then continuing easterly within the bed of the 115th Street right of
way (not built) through Manhole No. 5, Manhole No. 6 and Manhole No. 7
to the right of way for Interstate Highway 29.
Section 2. That said property and the electrical
conduits and manholes are more specifically described on Exhibit "A",
survey dated May 4, 1993, general revisions dated May 20, 1993 and July 20,
1993, by Anderson Survey Company attached hereto and incorporated herein.
Section 3. The conduit line shall be used only to
serve the T.W.A. Administrative Office Building and the Computer Building
depicted on the survey, and any modifications or additions thereto. T.W.A.
and/or Worldspan shall be required to notify the City 120 days prior to
vacating said Administrative Office Building or the Computer Building. Scheduled
changes in the usage of the conduits shall not be made without approval of the
Section 4. That the permittee shall furnish the
City with a certificate of an insurance policy in a form approved by the City
naming the City as an additional insured issued by a company approved by the
City against claims arising from the injury or death to any person or damage to
property which would not have occurred but for the existence, operation and
maintenance of the conduits and manholes. The liability limits shall be not
less than $1,000,000.00 combined single limit for each occurrence for death,
bodily injury and property damage.
Section 5. That the permission herein granted shall
be construed as a permit and not a grant and may be revoked by the Council at
its discretion upon 120 days written notice to T.W.A. and Worldspan, or their
respective successors and assigns, and upon revocation, the permittee or the
owner of the property, at the same time the discontinuance of said encroachment
may be required, shall cause the removal of same without expense to the City,
in which event the bond shall be returned and/or the policy of insurance
canceled from and after such date.
Section 6. That the permit granted hereunder may be
assigned, in whole or in part, by T.W.A. or Worldspan, with the prior written
approval of the Director of Aviation and subject to all conditions of this
Approved as to form and
Assistant City Attorney