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.

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Approved as to form and legality:

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Assistant City Attorney