ORDINANCE NO. 910009
Granting permission to the Kansas City, Missouri School
District to install and maintain an underground communication cable across 12th
Street approximately 150 feet west of Oak Street.
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That permission is hereby given to the
Kansas City, Missouri School District, as owner and permittee, to install and
maintain an underground communication cable in the public right-of-way across
12th Street approximately 150 feet west of Oak 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 Number 1990-214.
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 30 of the Code of General
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 provide, 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 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.
Approved as to form and legality:
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Assistant City Attorney
Approved:
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Gurnie C. Gunter, P.E.
City Engineer