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Legislation #: 961421 Introduction Date: 11/7/1996
Type: Ordinance Effective Date: 12/1/1996
Sponsor: None
Title: Giving permission to DST Realty, Inc., to install and maintain an underground telecommunications line across Central Street, 241 feet north of the centerline of 11th Street; assessing an encroachment fee in the amount of $230.00; and estimating revenue in the amount of $230.00.

Legislation History
DateMinutesDescription
11/14/1996

Waive Charter Requirements City Council

11/7/1996

Prepare to Introduce

11/7/1996

Referred City Operations Committee

11/13/1996

Do Pass

11/14/1996

Add to Consent Docket

11/21/1996

Passed


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ORDINANCE NO. 961421

 

Giving permission to DST Realty, Inc., to install and maintain an underground telecommunications line across Central Street, 241 feet north of the centerline of 11th Street; assessing an encroachment fee in the amount of $230.00; and estimating revenue in the amount of $230.00.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That permission is given to DST Realty, Inc., its successors and assigns, as owner and permittee, to install and maintain an underground telecommunications line across Central Street, 241 feet north of the centerline of 11th 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. 1996-285.

 

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 Chapter 64 of the Code of Ordinances. In the event the 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 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 DST Realty, Inc., and reflecting a fair assessment of the value of the right-of-way, the sum of $230.00 shall be paid by DST Realty, Inc., 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 8. That the revenue in the following account of the General Fund is estimated in the amount:

 

97-100-089-6233 Encroachment Licenses $230.00

 

_____________________________________________

 

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 legality:

 

 

 

___________________________________

Assistant City Attorney