ORDINANCE NO. 050681
Giving permission to DTE Biomass Energy, its successors and assigns, to install and maintain a landfill gas pipeline
located along portions of the Indiana Avenue, 87th Street, Blue
River Road, and Hickman Mills Drive, partially within the Kansas City, Missouri
public right-of-way; assessing an encroachment fee in the amount of $373.84.
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
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1. That permission is hereby given to DTE Biomass Energy, its successors and
assigns, as owner and permittee, subject the conditions set forth herein, to
install and maintain a landfill gas pipeline located along portions of the Indiana Avenue, 87th Street, Blue River Road, and Hickman Mills Drive. The
permission granted pertains to only those portions within the Kansas City Missouri right-of-way and not locations owned or controlled by other entities or
governmental jurisdictions.
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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. 2005-183.
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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, to the extent allowed by law.
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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 construction
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 canceled 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 have 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. In lieu of this requirement the permittee may provide
evidence of a risk management program acceptable to the Director of Public
Works.
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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 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.
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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.
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7. That the permission herein granted requires that a permit be obtained from
the Director of Public Works for the installation of a landfill gas pipeline by
this ordinance.
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8. That in consideration of the usefulness to DTE Biomass Energy, and
reflecting a fair assessment of the value of the right-of-way, the sum of
$373.84 shall be paid by DTE Biomass Energy, 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.
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Approved as to form and legality:
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Mark P. Jones
Assistant City Attorney