ORDINANCE NO. 971408

 

Giving permission to Praxair, Inc., to install and maintain underground oxygen and nitrogen pipelines along and across certain public streets in Kansas City, Jackson County, Missouri; assessing an encroachment fee in the amount of $8,103.00; estimating revenue in the amount of $8,103.00; and authorizing the Director of Public Works to enter into an indemnification agreement with Praxair, Inc.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That permission is hereby given to Praxair, Inc., a Delaware corporation, its successors and assigns, as owner and permittee, to install and maintain an underground 8-inch oxygen pipeline in certain public streets for the purpose of supplying oxygen from the Praxair, Inc., manufacturing plant located at 6701 St. John, Kansas City, Missouri, to the Certain-Teed Corporation and the Owens-Corning Fiberglass Corporation, both located in Kansas City, Kansas, and a 4-inch oxygen pipeline and a 6-inch nitrogen pipeline in certain public streets for the purpose of supplying oxygen and nitrogen to the Bayer Company located at 8400 Hawthorne Road, Kansas City, Missouri, the public streets being occupied by the pipelines as follows:

 

Praxair to Bayer

 

Crossing Hawthorne Road, 2100 feet westerly of Century Avenue

 

Crossing Century Avenue, 50 feet north of Hawthorne Road

 

Praxair to Certain-Teed and Owens-Corning

 

Along Chouteau Trafficway from Belmont Avenue to a point 800 feet west of Belmont Avenue

 

Crossing the intersection of Chouteau Trafficway and Topping Avenue

 

Along Guinotte Avenue from the east end of the General Mills property to Troost Avenue

 

Along 1st Street from Troost Avenue to a point 125 feet east of Gillis Avenue

 

Crossing Gillis Avenue, 50 feet north of 1st Street

 

Crossing Campbell Street, 50 feet north of 1st Street

 

Crossing Locust Street at a point 60 feet north of 1st Street

 

Crossing Grand Boulevard, 70 feet north of 1st Street

 

Crossing Walnut Street at 1st Street

 

Along 1st Street from Walnut Street to a point 170 feet west of Walnut Street

 

Crossing Main Street, 20 feet south of 1st Street

 

Crossing Delaware Street at a point 440 feet north of 2nd Street

 

Crossing Wyandotte Street at a point 380 feet north of 2nd Street

 

Crossing Broadway at a point 230 feet north of vacated 2nd Street

 

Along Woodswether Road from a point 1345 feet east of Madison Avenue to the Missouri-Kansas state line

 

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. 1997-237.

 

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, or the following, whichever is greater: for all claims arising out of a single accident or occurrence, $100,000.00 each person and $1,000,000.00 each occurrence. In the event the insurance requirements for Chapter 64 are modified during the life of the construction, the insurance provided by the permittee shall be revised to conform with the modified Building Code standard or the specific requirements of this ordinance, whichever is greater.

 

Section 4. That, at its own expense, permittee will cause the encroachments provided for by this ordinance 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 permittee 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 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 remain 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 recognition of the fact that a small number of property owners were unavailable for the consideration of a grant of permission to Praxair, Inc., to place its pipelines in rights of way adjacent to certain property, Praxair will enter into an agreement by which it will agree to indemnify and hold harmless the City, its officials and employees, against any costs and expenses, including without limitations legal fees, arising from any actions, lawsuits, demands, claims, losses and damages in any way related to Praxair's installation of the pipeline where such actions, lawsuits, demands, claims, losses or damages arise as a result of Praxair's inability to obtain a letter of approval/acceptance in connection with the installation of the pipeline from property owners whose property abut a City street in which the pipeline will be installed. The Director of Public Works is authorized to execute this agreement.

 

Section 8. That in consideration of the usefulness to Praxair, Inc., a Delaware corporation, and reflecting a fair assessment of the value of the right-of-way, the sum of $8,103.00 shall be paid by Praxair, Inc., a Delaware corporation, 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 9. That this revenue in the following account of the General Fund is estimated in the amount:

 

98-100-089-6233 Encroachment Licenses $8,103.00

 

_____________________________________________

 

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