ORDINANCE NO. 960507
Giving permission to PBI/Gordon Corporation to install
and maintain an underground communication cable across 12th Street connection
1217 West 12th Street with 1208 West 12th Street.
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That permission is hereby given to
PBI/Gordon Corporation, its successors and assigns, as owner and permittee, to
install and maintain an underground communication cable in the public
right-of-way across 12th Street connecting 1217 West 12th Street with 1208 West
12th 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. 1996-84.
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 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 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 encroachments remain in the public right-of-way.
Section 6. That the permission herein 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 in consideration of the usefulness
to PBI/Gordon Corporation and reflecting a fair assessment of the value of the
right-of -way, the sum of $25.00 shall be paid by PBI/Gordon 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
Section 8. That the revenue in the following
account of the General Fund is estimated in the amount:
97-100-089-6233 Encroachment Licenses
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.
Director of Finance
Approved as to form and
Assistant City Attorney