COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 961137
Giving permission to Kansas City, Missouri School
District, to install and maintain an underground telecommunications line across
39th Street at McGee.
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That permission is hereby given to
Kansas City, Missouri School District, its successors and assigns, as owner and
permittee, to install and maintain an underground telecommunications line
across 39th Street at McGee 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. 1996-200.
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 encroachment provided for herein to be maintained in good repair for
so long as it remains in the right-of-way and will cause it to be removed when
it is no longer in use. If the permittee fails to either maintain or repair
the encroachment as herein provided, then the City may remove it without
notice. Upon removal, title to all materials which have been removed shall
vest in the 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 encroachment 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 removal of the construction and the
restoration of the area without expense to the City.
Approved as to form and
Assistant City Attorney