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HomeMy WebLinkAboutOrdinances Book 10, Page 144, No Resolution NumberPage 144 V ARESOLUTION AUTHORIZING THE MAYOR TO E..ECUTE, FOR AND ON BEHALF OF THE CITY OF PADUCAH, KENTUCKY', AN AGREEt.:_NT BhT.VE-I N T'iiL INThRiTATIONAL SHOE COMPANY AND THE CITY OF PADUCAH IN CM.'NECTION PA TH THE ACQUISITION OF A RIGHT-OF-7;AY THROUGH THE PROPERTY 05' THE INTERNATIONAL SHOE C0I.411ANY FOR THE CONSTRUCTION OF A SEA t'iALL OR FLOOD PROTECTION WALL, AND PRESCRIBING THE rPEE-,:S AND CONDITIONS TO BE CONTAINED THEREIN. 'E IT RESOLVED BY THE BOARD OF COs`.;':ISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SEC TIOT 1. That the Board of Coimni�sioners of the City of Paducah, Kentucky, does hereby authorize and approve the execution of an agreement by and between the internat_onal Shoe Company and the City of Paducah for the acquisition of a right-of-way over and through the property of the International Shoe Company, for use in connection with the maintenance and construction of a sea wall or flood protection wall for the use and benefit of the City of Paducah, its citizens rights qnd properties, and which agreement so approved hereby shall be in words and figures as follows, to -wit: - "This Instrument, made and entered into this the day of October, 1939, by and between IN'1" RNATIONAL SLIOE COIvPA NY, a corporation, organized and existing under and by virtue of the laws of -the State of , with an office and place of business in Paducah, Kentucky party of the first part, and City of Paducah, Kentucky, a municipal corporation, party of the second part, 'd I T N - S S E T H : That party of the first part is the owner of a certain tract of land in Paducaa, Kentucky at the Southwest intersection of First and Jefferson Streets, fronting approximately 100 feet on i?orth First Street, which property is occupied by first party. During the year 1937 the City of Paducah and its inhabitants, includin„ first party, sustained great inconvenience and substantial loss and damage as result of a flood, and second party, in order to protect the City of Paducah, the lives and property of its citizens, is engaged in arranging for the erection of adequate and suitable barriers, flood v:all and levees so as to prevent the inundation and devastation of said city by floods and high waters such as might ordinarily be expented in the future, and as a means of so pro- tecting said city, the Government of the United States inc onjunction with second party, has proposed and is preparing to construct a system of Flood rrotection Works and has made a survey for the purpose of locating said wall and establishing a right of way therefor, which survey has been accepted by the City of Paducah and that portion of the flood wall right of way at and near -the intersection of First and Jefferson Streets in said City must and will be constructed in part in, upon and across said streets. Page 145 N91. IMIRE'FORE, in consideration of the benefits to be derived by first party and the other citizens of Paducah, Kentucky through the erection and completion of such series of Flood Protection Vorks, and incon- sideration of the things done by the City of Paducah and by the Government of the United States to that end, and for other good and valuable considerations, receipt of Which is hereby acknowledged, the said first party hath and doth hereby consent, agree and allowthe said second party, City of Paducah, Kentucky, its officers, agents, employees and the Government of the United States and any and all representatives of any de)artment thereof, to provide and arrange for the construction of and to construct said flood protection works in, upon and across First Street and Jefferson Street, et, near and adjacent to the said intersection of First and Jefferson Streets in such way as may be deemed best and does agree, if necessary, to the modification or changing of the width of either of said streets or the intersection of said streets, provided that there' shall be left an open and unoccupied arear in said streets and in the intersection thereof ad,'oinin�; the property of first party lot less than 30 feet in width, and provided further t'nat in event it is necessary to temporarily occupy a portion of such permanently un- occupied area in the construction of the wall, that upon completion of the work the pavement or surface of such unoccupied area permanently left for the un- interrupted flow of traffic shall be restored to the condition it was before the commencement of said work without expense to first party. And provided further that in event it is deemed or determined to be necessary to remove the rail connection between first party's railroad spur on First Street and the right of way of the Illinois Central, that another acceptable rail connection between such spur and said right of way will first be provided, so that rail service to first party's plant shall not be interrupted. It is agreed that any rail connection acceptable and approved by the Illinois Central Railroad Company shall be a satisfactory compliance with this requirement. In consideration of the oremises and in consideration of the agreement by the City of Paducah, Kentucky that said first party will not be held responsible for any damage resulting to third persons, or to grantees or assigns of said city, by reason of any work per- formed in carrying out the purposes above outlines, on or about the above described premises by the said city, its agents and employees and the United States of America actin- for it or in its behalf uyder this grant and conveyance, said first party agreed that neither the said city, nor its agents, employees, nor the United tates of America actino for it or in its behalf will be held responsible for any dama;e resulting to f first party that may arise nor or hereafter b, -.reason of the erection, maintenance or repair of said flood protective works or any work in connection therewith. SECTION II. The :',:ayor of the City of Paducah is hereby authorized and empowered to enter into, sign and execut6 the aforesaid agreement for and on behalf of the City of Paducah, Kentucky, and to do all things necessary to carry this Resolution into effect. SECTION III. Pa _;e 146 This resolution shall be in full force and effect from and after its adoption. w Passed by the Board of Commissioners i:ovember 13, 1939 Recorded by Rudy Stewart, City Clerk, November 1939.