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Legislation #: 041300 Introduction Date: 11/18/2004
Type: Ordinance Effective Date: none
Sponsor: None
Title: Giving permission to Southwestern Bell Corporation, their successors, and assigns, for encroachment of seven (7), three (3) inch generator conduits for a stand by generator within the Kansas City, Missouri public right of way located in a north-south alley between 62nd Street and 63rd Street next east of Holmes Rd; assessing an encroachment fee in the amount of $88.20; and estimating revenue in the amount of $88.20.

Legislation History
DateMinutesDescription
11/18/2004 Filed by the Clerk's office
11/18/2004 Referred to Operations Committee
12/15/2004 Advance and Do Pass, Consent
12/16/2004 Passed

View Attachments
FileTypeSizeDescription
041300.pdf Authenticated 120K Authenticated
Hiland ord.doc Other 25K original draft
Fiscal Note (Hiland).xls Fiscal Note 33K fiscal note
seed general fact B (Hiland).ppt Fact Sheet 62K fact sheet, pg 2
seed general fact sheet A (Hiland).ppt Fact Sheet 79K fact sheet, pg 1

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ORDINANCE NO. 041300

 

Giving permission to Southwestern Bell Corporation, their successors, and assigns, for encroachment of seven (7), three (3) inch generator conduits for a stand by generator within the Kansas City, Missouri public right of way located in a north-south alley between 62nd Street and 63rd Street next east of Holmes Rd; assessing an encroachment fee in the amount of $88.20; and estimating revenue in the amount of $88.20.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That permission is hereby given to Southwestern Bell Corporation, their successors and assigns, as owner and permittee for encroachment of seven (7), three (3) inch generator conduits for a stand by generator within the Kansas City public right-of-way of located in a north-south alley between 62nd Street and 63rd Street next east of Holmes Rd in Kansas City, Jackson County, Missouri.

Section 2. That all material, design and method of the construction shall be in accordance with the plans and specifications approved by the City Engineer and identified as Public Works File No. 2004-465.

Section 3. Permittee, by accepting the benefits conferred by this ordinance agrees to defend, indemnify, and hold harmless the City from any and all claims, suits, losses or damage as a result of this permission.

 

Section 4. That in order to hold the City harmless from claims for bodily injury and for property damage arising out of the construction and duration of the encroachment, 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 constructions and/or duration of the encroachments, the insurance provided by the permittee shall be revised to conform to the modified requirements. If, at any time, the insurance is cancelled or allowed to expire the permittee shall remove said encroachments from the right-of-way. If a reasonable time lapses upon such cancellation or expiration, and the permittee has not removed the encroachments herein permitted, 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, 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 6. That the permission given shall be construed as a permit, and not as 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 encroachment and the restoration of the area without expense to the City.

 

Section 7. That the permission herein granted requires that a permit be obtained from the Director of Public Works for the construction and maintenance of concrete walks, brick paving, fountains, masonry and cast stone walls, decorative railings, site furniture, plumbing and site lighting, permitted by this ordinance

 

Section 8. That in consideration of the usefulness to Southwestern Bell Corporation, and reflecting a fair assessment of the value of the right-of-way, the sum of $88.20 shall be paid by said Southwestern Bell 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 the revenue in the following account of the General Fund is estimated in the amount:

 05-1000-896233-B Encroachment Licenses $88.20

_____________________________________________

 

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.

 

 

___________________________________

Wanda Gunter

Acting Director of Finance

 

Approved as to form and legality:

 

 

___________________________________

Mark P. Jones, P.E.

Assistant City Attorney