ORDINANCE NO. 951270
Granting permission to the Kansas City, Missouri School
District to install and maintain an underground communication cable across 21st
Street 50 feet east of Charlotte Street in Kansas City, Jackson County,
Missouri.
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That permission is hereby given to the
Kansas City, Missouri School District, its successors and assigns, as owner and
permittee, to install and maintain an underground communication cable in the
public right-of-way across 21st 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. 1995-199.
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 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 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 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