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Legislation #: 050730 Introduction Date: 6/16/2005
Type: Ordinance Effective Date: none
Sponsor: None
Title: Giving permission to The Curators of the University of Missouri, its successors and assigns, to install and maintain conduits for fiber optic cables in the Kansas City public right-of-way in the general vicinity of 24th Terrace and Charlotte Street, 24th Terrace and Campbell Street and also the intersection of 24th Street and Campbell Street; assessing an encroachment fee in the amount of $871.50; and estimating revenue in the amount of $871.50.

Legislation History
DateMinutesDescription
6/14/2005 Filed by the Clerk's office
6/16/2005 Referred to Operations Committee
6/22/2005 Do Pass
6/23/2005 Add to Consent Docket
6/30/2005 Passed

View Attachments
FileTypeSizeDescription
050731 professional agreement.pdf Agrmts And Bonds 827K Agreement
050730.pdf Authenticated 121K Authenticated
FactSheet UMKC Med Fiber Optic Conduit[2].doc Fact Sheet 49K Factsheet

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ORDINANCE NO. 050730

 

Giving permission to The Curators of the University of Missouri, its successors and assigns, to install and maintain conduits for fiber optic cables in the Kansas City public right-of-way in the general vicinity of 24th Terrace and Charlotte Street, 24th Terrace and Campbell Street and also the intersection of 24th Street and Campbell Street; assessing an encroachment fee in the amount of $871.50; and estimating revenue in the amount of $871.50.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That permission is hereby given to The Curators of the University of Missouri, its successors and assigns, as owner and permittee to install and maintain conduits for fiber optic cables in the Kansas City public right-of-way under the intersections of 24th Terrace and Charlotte Street, 24th Terrace and Campbell Street and also the intersection of 24th Street and Campbell Street; all in the recorded plat of McGees Addition, 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. 2005-249.

 

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 of the conduits for fiber optic cables permitted by this ordinance.

 

Section 8. That in consideration of the usefulness to The Curators of the University of Missouri ., and reflecting a fair assessment of the value of the right-of-way, the sum of $871.50 shall be paid by The Curators of the University of Missouri, 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:

 

05-1000-640000-462330 Encroachment Licenses $871.50

 

___________________________________________________

 

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

Assistant City Attorney