HomeMy WebLinkAboutOrdinances Book 10, Page 797, No Ordinance Number797 /
AN ORDINANCE PROVIDING FOR THE REMOVAL OF ALL STREET
CAR RAILS IN THE CITY OF PADUCAH, KENTUCKY, BY AND WITH THE
AID OF THE WORK PROJECTS ADMINISTRATION, AND AUTHORIZING THE
SALE OF SAID RAILS TO THE POLLAK STEEL COMPANY OF CINCINNATI,
OHIO, THE FUNDS RECEIVED FROM TIME SALE TIEREOF TO BE USED TO
I
DEFRAY THAT PORTION OF THE EXPENSE INCURRED BY THE CITY AS THE
SPONSOR OF SAID PROJECT
WHEREAS, under and pursuant to the provisions of
a resolution adopted by the Board of Commissioners on December
i
2nd, 1935 the City of Paducah and the Kentucky Utilities Company
entered into an agreement for settlement of the case of City
of Paducah vs. Kentucky Utilities Company, then pending in the
judgment of the Court and reads in part as follows:
"That the franchise of April 4, 1919, which is
referred to in the pleadings, and evidence as 'An Ordinance creat -1
ii
ing a franchise to acquire, construct, operate and maintain an
electric street railway over certain streets in the City of
i
Paducah, and providing for the sale thereofT, together with all
amendments thereto, has been forfeited and is now terminated, and
Ii
all of the rails and ties now in any of the streets of the City of
Paducah are the property of the City of Paducah, and the defendants
is released and discharged from any and all liabilities and
6
obligations arising under said franchise, except its obligation to
j
remove the trolly wires and poles as hereinabove set out".
AND WHEREAS, the City of Paducah, having acquired the
ownership of ail rails and ties in the City, the obligation of
removing the track and the track re -paving work is now, and has
been since the adoption of the aforesaid resolution, the obligation
I
of the City of Paducah; and,
WHEREAS, the Work Projects Administration has approved
i
a project under which all street car rails in the city will be
removed and sold to a steel company to which said rails have been,
allocated by the War Production Board;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF
COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY:
SECTION 1.
That the City of Paducah, as the sponsor of a project
approved by the Work Projects Administration, obligates itself in
798
the sum of $14,579.00 for the removal of all street car rails,
said project to include the work of excavating for, removing and 41
salvaging of the rails, the purchase of materials and the perfor-
mance of the work necessary for the refilling and resurfacing of
the trench in streets where said rails are removed, and all other
appurtenant work necessary to complete said undertaking in
accordance with the specifications contained in said project, but
the city's contribution to said project in the sum of $14,579.00 shall
be paid with the proceeds received .from the sale of said rails and the
rental of equipment. In the event of the sale of the salvaged
rails results in the receipt by the City of funds in excess of
city's contribution in cash and "kind" toward the project, the
amount of the excess will be, promptly upon completion of the sale
of the rails, paid to the Mork Projects Adm:uiistration and the
application of such funds to any expenditure previously made by the
Work Projects Administration in connection with said project will,
at the same time, be authorized.
SECTION 2.
The City Manager of the City of Paducah is hereby
e2lpressly authorized to enter into any and all constnets and
agreements with the work Projedts Administration necessary to
carry out the purposes of this ordinance.
SECTION 3.
The City of Paducah shall sell said salvaged rails
and scrap metal to the Pollak Steel Company of Cincinnati, Ohio,
and he is hereby authorized and empowered, for and on behalf of the
City of Paducah, to enter into a contract with the Pollak Steel
Company for the sale of said rails and scrap metal at the highest
price obtainable under the price schedule established by the Office
of Price Administration, and said contract shall contain such other
terms, agreements and covenants as in his judgment are necessary and
proper to protect the interests of the city. The City Manager may,
in his discretion, appoint a broker to handle the shipments of the
salvaged rails and scrap metal provided the broker's commission is
not paid out of the proceeds of sale tp which the city is entitled
under the price schedule.
SECTION 4.
By reason of the necessity of removing the street
rails for immediate use in the war industries and in order to
799
li
preserve and protect the public welfare, health and safety of the
city, an emergency is hereby declared to exist and this ordinance
shall be in full force and effect from and after its adoption.
Ma or
y
Passed by the Board of Commissioners, October 20, 1942
Recorded by Rudy Stewart, City Clerk, October 21, 1942