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

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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.

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Director of Finance

Approved as to form and legality:

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Assistant City Attorney