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ORDINANCE NO. 980691
Giving permission to Independent Electric
Machinery Company, to install and maintain overhead telecommunication lines
across 20th Street, 110 feet west of the centerline of Central Street, and
across the northeast/southwest alley south of 20th Street, 155 feet southwest
of the centerline of 20th Street, and across the north/south alley west of
Central Street, 50 feet north of 20th Street; assessing an encroachment fee in
the amount of $90.00; and estimating revenue in the amount of $90.00.
BE IT ORDAINED BY THE COUNCIL OF
KANSAS CITY:
Section 1. That permission is
hereby given to Independent Electric Machinery Company, its successors and
assigns, as owner and permittee, to install and maintain overhead
telecommunication lines across 20th Street, 110 feet west of the centerline of
Central Street, and across the northeast/southwest alley south of 20th Street,
155 feet southwest of the centerline of 20th Street, and across the north/south
alley west of Central Street, 50 feet north of 20th Street, all 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. 1998-113.
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 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 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 6. That in consideration of
the usefulness to Independent Electric Machinery Company, and reflecting a fair
assessment of the value of the right-of-way, the sum of $90.00 shall be paid by
Independent Electric Machinery Company, 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 7. That this revenue in the
following account of the General Fund is estimated in the amount:
99-100-089-6233 Encroachment
Licenses $90.00
_____________________________________________
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