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Legislation #: 050681 Introduction Date: 6/2/2005
Type: Ordinance Effective Date: none
Sponsor: None
Title: Giving permission to DTE Biomass Energy, its successors and assigns, to install and maintain a landfill gas pipeline located along portions of the Indiana Avenue, 87th Street, Blue River Road, and Hickman Mills Drive, partially within the Kansas City, Missouri public right-of-way; assessing an encroachment fee in the amount of $373.84.

Legislation History
DateMinutesDescription
6/2/2005 Filed by the Clerk's office
6/2/2005 Referred to Finance Committee
6/8/2005 Advance and Do Pass, Debate
6/9/2005 Assigned to Third Read Calendar
6/16/2005 Passed

View Attachments
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050681.pdf Authenticated 109K Authenticated
Fact Sheet DTE Biomass (2nd).doc Fact Sheet 51K Fact Sheet

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ORDINANCE NO. 050681

Giving permission to DTE Biomass Energy, its successors and assigns, to install and maintain a landfill gas pipeline located along portions of the Indiana Avenue, 87th Street, Blue River Road, and Hickman Mills Drive, partially within the Kansas City, Missouri public right-of-way; assessing an encroachment fee in the amount of $373.84.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That permission is hereby given to DTE Biomass Energy, its successors and assigns, as owner and permittee, subject the conditions set forth herein, to install and maintain a landfill gas pipeline located along portions of the Indiana Avenue, 87th Street, Blue River Road, and Hickman Mills Drive. The permission granted pertains to only those portions within the Kansas City Missouri right-of-way and not locations owned or controlled by other entities or governmental jurisdictions.

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. 2005-183.

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, to the extent allowed by law.

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 construction 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 canceled 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 have 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. In lieu of this requirement the permittee may provide evidence of a risk management program acceptable to the Director of Public Works.

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 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 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 the permission herein granted requires that a permit be obtained from the Director of Public Works for the installation of a landfill gas pipeline by this ordinance.

Section 8. That in consideration of the usefulness to DTE Biomass Energy, and reflecting a fair assessment of the value of the right-of-way, the sum of $373.84 shall be paid by DTE Biomass Energy, 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.

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Approved as to form and legality:

 

 

 

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Mark P. Jones

Assistant City Attorney