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Legislation #: 970555 Introduction Date: 4/24/1997
Type: Ordinance Effective Date: 5/25/1997
Sponsor: None
Title: Giving permission to J.C. Nichols Company, to install and maintain an underground communication line along the south side of Nichols Road from 120 feet west of Broadway to the east side of Central Street; assessing an encroachment fee in the amount of $576.00; and estimating revenue in the amount of $576.00.

Legislation History
DateMinutesDescription
4/24/1997

Prepare to Introduce

4/24/1997

Referred City Operations Committee

5/7/1997

Do Pass

5/8/1997

Add to Consent Docket

5/15/1997

Passed


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ORDINANCE NO. 970555

 

Giving permission to J.C. Nichols Company, to install and maintain an underground communication line along the south side of Nichols Road from 120 feet west of Broadway to the east side of Central Street; assessing an encroachment fee in the amount of $576.00; and estimating revenue in the amount of $576.00.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That permission is hereby given to J.C. Nichols Company, its successors and assigns, as owner and permittee, to install and maintain an underground communication line along the south side of Nichols Road from 120 feet west of Broadway to the east side of Central Street, in Kansas City, Jackson County, Missouri.

 

Section 2. That all material, design and method of construction shall be in accordance with the plans and specifications approved by the City Engineer and identified as Public Works File No. 1997-54.

 

Section 3. That in order 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 Chapter 64 of the Code of Ordinances. In the event that ordinances are modified during the life of the construction, the insurance provided by the permittee shall be revised to conform with the modified requirements.

 

Section 4. That, at its own expense, permittee 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 is no longer in use. If the permittee fails to either maintain or repair the encroachment 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 Kansas City as compensation for the cost of removal.

 

Section 5. That the permittee or the owner of the underground encroachments provided for herein shall become a member who participates and cooperates with the statewide one-call notification center for so long as the encroachments remains in the public right-of-way.

 

Section 6. 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 7. That in consideration of the usefulness to J.C. Nichols Company, and reflecting a fair assessment of the value of the right-of-way, the sum of $576.00 shall be paid by J.C. Nichols Company, 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 this revenue in the following account of the General Fund is estimated in the amount:

 

97-100-089-6233 Encroachment Licenses $576.00

 

_____________________________________________

 

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