HomeMy WebLinkAboutOrdinances Book 9, Page 732, No Resolution NumberI
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A RESOJUTIOTT PROVIDITITO FOR TTTE ESTA;-LISH1M-TT OF A
RIVER AM) RAILROAD DOCK ITT THE CITY OF PADUCAH, KT--yTUCKY.
BE IT RESOLVED hY TRE BOARD OF COT"ISSIOAERS OF TRE
CITY OF PADUCAH, BMUTTUCKY..
SECTIOT' 1.
It being deemed and hereby declared to be to the
benefit of the City of Paducah to promote the establishment of
dock facilities for the handling and storage of freight for 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 dock on the north side of
Jefferson Street at First Street in the City of Paducah and having
submitted tentative plans for such dock, upon his complying with
the requirements of the federal government with respect to such
dock, permission is hereby given and granted unto the said
I"'T. B. Kennedy, his assigns or successors, as hereinafter provided,,
to so construct, maintain and operate a river and rail dock at
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;First and Jefferson Streets in the City of Paducah, subject to the
provisions hereinafter stated.
SECTIOU 2.
This resolution shall be taken and construed to be
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a permit for constructing such dock, subject to the conditions
Thereafter provided, and York in good faith shall be commenced in
the construction of such docks within nine (9) months from the date
of the adoption of this resolution, and said docks shall be
constructed and in operation within twenty one months from the date
lof the adoption of this resolution, and a failure in either of thew
respects shall operate as a forfeiture of the permit.
SECTION 3.
Said dock 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 westwardly from First Street, and said
permit shall include the space extendin eastaardly with said north
line of Jefferson Street as here described a distance of 220 feet,
more or less, from First Street, whore the Prater in said Ohio 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 l�r;rs of the United States, and
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Page 732
Pape 734
subject to the approval of the Interstate Commerce Commission
insofar as same may be required. Said dock shall be constructed
of steel and reinforced concrete and creosoted timber, and the
sub -structure shall be reinforced concrete and steel with piers of
sufficient size and.strength to carry cranes, craneways, derricks,
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 stres
and impact of boats, barges m d other craft when landing or moor-
ing 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 Commerce
Commission, and if built on the same grade or level as the railroac
tracks, shall be equipped with necessary gates and safety devices
and with platform and other handling of freight,
SECTION 4.
Detailed drawings, plans and specificat ions for the
`construction of"said dock shall be first submitted to and accepted
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, plans and specifications shall be submitted in
duplicate, one copy of which, 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 establish
and construct and ore rate said dock it is mutually agreed between
the City of Paducah and the grantee of such permits that the City
of Paducnh shall have the option at, the end of each five (5) year
period hereafter from the date of the adoption of this resolution
to purchase fro!►the-grantee, his assigns or successors, the docks,
together .Ath all warehouses used for this ,purpose. Shpuld • the
city desire to exercise said option, it shall Zive to the grantee,
his successors or assigns, six (6) months notice in erriting of
its intention .to so ourcliase said terminal. Thereupon the city
shall immediately appoint appraisers and the two together shall
make w fair valuation of the properties of said dock, but only the
physical properties and the equipment actually used in connection
with the operation of saiO docks and wnrehouses shall be taken into;
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consideration in said valuation, and the valuatiibn 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 t}jird appraiser and the majority of said appraisers so selected
shall decide, and when a majority of them have agreed they shall
reduce the agreement to writing, stating the amount of the
valuation and s ign and date thei r said v a L.i.ation and deliver one
cony to the city and one cony to the licensee, and such award and
valuation shall be final and conclusive. Within six (6) months
after the date of such award the city, at its option shall pay
for said properties the full amount of valuation, eitner in cash
or in bonds of the city issued by the proper authorities, bearing
interest at five (5%) per cent per annum,.interest payable semi-
annually at the office of the Treasurer of the City, said bonds
to be due in not less than twenty (20) years nor more than forty
(40) years from their date., Upon the payment by cash or delivery
of bonds as herein provided, said properties shall be immediately
transferred and conveyed to the Citi* of Paducah and all rights
therein and thereto shall immediately vest in the City of Paducah.
SECTI02I 6.
In 'he operation and maintenance of said docks
no preference at any time shall be given either to river or to
railroad transportation, either in rates, storage or handling
facilities, or in any otherwise.
SECTI O`I 7.
This resolution shall be in full force and effect
from and after its adoption.
SignedL
mayor
Passed by the Board of Commissioners Sentember l9th, 1932.
Recorded by Rudy Stewart, Clerk, September 20_tc_ 1932. Y