COMMITTEE SUBSTITUTE
FOR ORDINANCE NO. 070273
Giving permission to St. Lukes Hospital of Kansas City to construct and maintain an underground fiber optic line and
waiving the encroachment fee of $12,103.00.
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section 1. That
permission is hereby given to St. Lukes Hospital of Kansas City, as owner and
permittee, to construct and maintain an underground fiber optic line to allow
information technology connection between the southern and northern ends of the
hospital campus, in the public right-of-way, generally from 4200 Wornall to
4499 Wornall, as shown on drawings known as Exhibit A.
Section 2. That
all materials, design and methods of construction shall be in accordance with
all applicable codes and shall be subject to the approval of the Director of
Codes Administration when final plans are submitted for a building permit.
Section 3. That
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 the Building
Code. In the event the insurance requirements of the Building Code are
modified during the life of the construction, the insurance provided by the
permittee shall be revised to conform with the modified Building Code standard.
Section 4. 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 5. That
if the construction for which permission is herein given includes excavation,
as defined in the Underground Facility Safety and Damage Prevention Act, Section
319.010 through 319.050, Revised Statutes of Missouri, the permittee shall
observe and comply with the requirements of the Act. A permit for any
excavation shall be required from the City Engineer.
Section 6. That
the installation has been approved by the Municipal Art Commission.
Section 7. That
the encroachment fee of $12,103.00 is hereby waived.
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Approved
as to form and legality:
___________________________________
M.
Margaret Sheahan Moran
Assistant City Attorney