HomeMy WebLinkAboutOrdinances Book 9, Page 651, No Resolution NumberPage 651
A RESOLUTION PROVIDING FOR THF F.STABLISBT-WNP OF A
RIVER AND RAILROAD TL'RMINAL IN THE CITY OF PADUCAH. �
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IIS IT RESOLVEll BY THL BOARD 0[' COMIMISt'IONFRS
OF THE CITY OF PADUCAH, IENTUCKY:
SECTION 1.
It being deemed and hereby declared to be to the
benefit of the City of Paducah to promote the establishment of torminal
facilities for the handling and storage of freight by river and rail
carriage and transportation, and W.B. Kennedy having made application to
the City of Paducah for a permit to establish, construct and operate a
river and rail terminal on the north side of Jefferson street at First
street in the City of Paducah, and hfvin� suomitted tentative plans for
such terminal, upon his complying with the requirements of the federal
government with respect to such terminal, per!nission is hereby given and
granted unto the said 7I.B. Kennedy, his assigns or successors, as herein-
after provided, to so construct, mnintnin and operate a river and rail
terminal at First and Jefferson streets in the City of Paducah, subject
to the provisions hereinafter stated.
SECTION 2.
This resolution shall be taken and construed to be
a permit for such terminal, subject to the conditions hereafter, and
work in good faith shall be commenced in the construction of such
terminal within nine (9) months from the date of the adoption of this
resolution, and said terminal shall be constructed and in operation
within twenty-one (21) fiionths from the date of the adoption of this
-resolution, and a failure in either of these respects shall operate
as a forfeiture of ti -e permit.
SECTION 3.
Said terminal shall be located on the east side of
Second street and north of the property line of Jefferson street, if
extended, parallel with the south line thereof, and to be of the same
width with said street westwar('ly fnom First Street, and said permit
shall include the space extending eastwardly with said north line of
Jefferson street as here described a distance of 220 feet, more or less
from First street to a point where the water in said Ohio river is of.
sufficient depth for the proper landing, mooring, loading and unloading
barges, boats and other water craft when the river is at pool stage;
subject, however, to such authority or permission as may be required '
by the navigation laws of the United States, and subject to the approval
of the Interstate Commerce Commission insofar as same may be required.
Said terminol sh,-ll be constructed of steel and reinforced concrete and
the sub -structures shall be of reinforced concrete and steel with piers
of sufficient size and strength to carry cranes, crpne:•iays, derricks,'
Page 652
trucks and other loading devices sufficient to handle ten (10) tons
of freight; and the piers of the foundation structures shall be of
sufficient strength and so constructed to withstand the stress and
impact of boats, barges and other craft when landing or mooring to
the piers. The craneways, if built overhead for the handling of
freight shall be of sufficient height to clear the tracks of the
Illinois Central Railroad Company in such manner as may be required
by regulations of the Interstate ComtnE:rce COminission, and if built
on the same grade or level as the railroad tracks, shall be
equipped with necessary gates and safety devices and with platforms
and other handling devices necessary .for the expeditious an d
economical handling of freight.
S>CTION 4.
Detailed drawings, plans and specifications for the
construction of said terminal sell be first submitted to and
accented and approved by the Board of Commissioners of the City of
Paducah, and no structure shall be authorized which does not comply
with and conform to said detailed drawings, plans and specifications
so approved by the Board of Commissioners of said city.. Said
detailed drawings, pl ns and specifications shall be submitted in
duplicate, one copy of 71hich, when approved, shall be delivered to the
licensee hereunder and the Other copy to be retained in the records
of the Board of Commissioners of the City of Paducah.
SECTION 5.
In consideration of the permission here given to grant,
establish and construct and operate said terminal it is mutually
agreed between the Cit;. of Paducah and the grantee of such permit
that the .City of Paducah shall have the op.tior_ at the end of each
five (5) year period hereafter from the date of the adoption of this
resolution to purchase from the grantee, his assigns or successors,
the terminal. Should the city desire to exercise said option, it
shall give to the grantee, his successors.or assigns, six (6) months
notice in writing of its intention to so purchase said terminal.
Thereupon the city shall immediately appoint an appraiser and the
grantee, his successors or assigns, shall immediately appoint an
appraiser and the two together shall make a fair valuation of the
properties of said terminal, but only the physical properties and the
equipment actually used in connection with the Operation of said
. terminal shall be taken into consideration in said valuation, and the
valuation of said properties so ascertained and determined shall be
accepted by and binding upon both parties hereto. Should said two
appraisers be unable to agree upon a valuation they shall select a
third appraiser and the majority of said appraisers so selected shall
Page 653
decide, and when a majority of them have agreed they shall reduce the
agreement to writing, stating the amount of the valuation and sign and
date their said valuation and deliver one copy to the city and one copy
to the licensee, and such award and valuation shall be final and
conclusive. S`'ithin six (6) months after the date of such aw-ird the
City, at its option, shall pay for said. properties the full amount of
said valuation, either in cash or in bonds of the city issued by the
proper authorities, bearing interest at five (5%0 per cent per annum,
interest payable semi-annually at the office of the Treasurer of the I
city; said bonds to be due in not less than tt%enty (20) years nor more '
than forty (40) years from their date. Upon the payment by cash or
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delivery of bonds as herein provided, s.^i6 properties shall be immediately
transferred and conveyed to the City of Paducah and all rights therein
and thereto shall immediately vest in the City of Paducah.
SECTION 6.
I
In the operation and maintenance of said terminal no
preference at any time shall be given either to river or to railroad
trans,?ortation, either in rates, storage'or handling facilities, or in I�I
any otherwise. 1
SECTION 7.
This resolution shall be in full force and effect from and
after its adoption,
Signed •
wa yor
Passed by the Board of Commissioners August 24, 1931
Recorded by Hunt Crossland, Clerk, August 25, 1931