ORDINANCE NO. 900651

Granting permission to AT&T Communications, Inc. to install and maintain an underground communication cable along Woodland Avenue, Meyer Boulevard and 65th Street, in Kansas City, Jackson County, Missouri.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That permission is hereby given to AT&T Communications, Inc., as owner and permittee, to install and maintain an underground communication cable in public right of way under the jurisdiction of Kansas City along the following described route:

Beginning at 2121 E. 63rd Street (AT&T Data Center); thence west across Euclid Avenue approximately 978 feet south of 63rd Street and continuing west to Woodland Avenue approximately 330 feet south of 63rd Street; thence south along Woodland Avenue to Meyer Boulevard; thence northwesterly along Meyer Boulevard to an intersection with the easterly prolongation of 65th Street; thence west along said prolongation across Meyer Boulevard and the Paseo to 65th Street; thence continuing west along 65th Street to Oak Street, all 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 Board of Parks and Recreation Commissioners by Resolution Number ________, adopted ____________, and by the City Engineer and identified as Public Works File Number 1990-186.

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 30 of the Code of General Ordinances. In the event that the insurance requirements of Chapter 30 of the Code of General 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 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 herein 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 and the restoration of the area without expense to the City.

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Approved as to form and legality:

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Assistant City Attorney