HomeMy WebLinkAboutOrdinances Book 10, Page 84, No Resolution NumberPage s
A RESOLUTION AU'MORIZING T11E 'OR TO ;S"=Gi- AND
E':ECUTE FOR AND ON BEHALF OF THE CITY OF PADUCAH, All -1-:-: ::.:::T
LEDER THE TZ'_;I. S OF MMICI"I THE PADUCAH AND ILLII:OIS RAILROAD COI.:PAI'IY
GRANTS TO THE CITY OF PADUCAH �iE LICENSE A11D KRTI-.IS.�IOT_i TO CON-
STRUCT AND i AINTAIN 12" CONCRETE SLIIITARY SE"IER PIPrz LINE'S ACROSS
AND UNDERNEATH T E L_AS?DS AND TRACKS Oi SAID RjI,ILROAD CO?iPA?IY
BEI",7EEN 33RD AND 34TH 3TREETS IN THE CITY OF PADUCAH, UNDER THE
TERMS APID CONDI`IiOYS' A:; II_REIN SET OUT;
THAT ':'1HL'REAS, in consideration of the sum of
'%.00 cash in hand paid by the City of Paducah to the Paducah and
Illinois Railroad Company, and the faithful performance by the
City of Paducah of the hereinafter mentioned covenants, the Rail-
road Company has agreed to grant the City of Paducah a license and
permission to construct and maintain 12" concrete oanitary Sewer
lines across and underneath the r:ayla.nds and tracks of the Railroad
Company in Paducah, Kentuc''',y, between 33rd and 34th Streets, the
installation thereof to be made by driving a 216" x 4'6" x 45'
tunnel braced with oak timbers, tunnel section to be rammed full
with concrete after server is laid, and the top of the tunnel to be
15.7' below top of rail, and placed a sufficient distance from
existing double 6' x 6' concrete box so as not to interfere with
footings thereof, and the grades of the proposed sewer to be 2.5'
below the flow line of said 6' x 6' concrete box, and said pipe
line being more particularly shown upon the print attached to the
agreement to be entered into between the Paducah and Illinois
Railroad Company and the City of Paducah; and,
WHEREAS, the Paducah anc Illinois Railroad
Company has a7reed to ,rant to the City of Paducah the license and
permission to construct said serer pipe lines upon the following
conditions:
Said pipe line shall be placed at least (See
above) feet below the tracks of the Railroad Company, measured
from the bottom of the ties, and shall be constructed and maintain-
ed of such materials as shall be satisfactory to the Railroad
Company's Chief Engineer, and the -ork of laying and constructing
the same, including maintenance thereon, and restoring the surface
of the Railroad Company's waylands, shall be done under the general
supervision of and at such time or times as shall be satisfactory
to and meet with the approval of the Railroad Company's Superintenc
ent having jurisdiction over the waylands and tracks of the Rail-
road Comnany at the point afore;aid.
As a further consideration, without which the
grant herein would not have been made by the Railroad Company,
the Licensee hereby agrees to asswne liability for any and all loss
cocts, d,.una,,-e and expense of any hind and character whatsoever, to
any persons, or to any property, growing out of, resulting from, or
in any way attributable or due to the construction, maintenance,
repair, renewal, existence or use of said pipe line or any part
thereof, or the removal of said pipe line or y part thereof, and
@Cainst any ::uch •.'"iability the L'censee aZr• •c�: to inr'=..n.ify the
_:ailroad Company anr', save it harmless thcrefror, ct': r or not
tl=ere mai* have bean any ne,_1 i ecce on the part oI t _c -:ailroad
C=pany, its agents or eri„loyes. In the event of any suit brought
n a_ii;st the Railroad Com any forr:'.:ic}, the Licensee. has asctuned
li.e lity, the "ailroari Co;npany shall at once ,_•ive the Licensee
Page 85
notice in writing thereof, in order that the Licensee may make ouch
defense thereto as Licensee may deem )roper, and 'Licensee further
covenants and aSrees to nay alla.ttorney's fees, coots and exponces
incurred in defending such suit, as v,,Ilas all &rraL:cs that may
be recovered therein.
Jhould the Railroad Company deem it necessary or desirabl
to renew, replace, repair or alter any of its tracks, structures,
properties or an—urtenances, or construct now ones, and in connect-
ion theret-ith to require the removal of any of the poles, wires or
other facilities placed by the Licensee on the waylands of the
Railrood Company hereunder, or ohou]_d any of said facilities of the
Licensee need renew—al or repa_-,the Licensee shall within thirty
(30) days after receipt of written request from the Railroad
Company for such rer,o• n.l, ren,- ^,l or r n i.r,•, conply therewith at
its oven ex ense; r of r -7'-_-; if requested, to be to
such location on t__,-, i_ ,r:: Co,ir,any, either
unc'.er_-rounC or -'-n6" sated by the "'uperintend-
Ne of the :'.ailro 1 V c. '.r or rene :•al if requested, to
be to such condo i
it_on a.,-endent may require. If the
Licensee shall .fail to c,): -n!;; :.ith s, -,ch requireraont, tao Railroad
Company shall- have t`_= —.,ht, ^ c _to option, to remove, -repair or
renew said facilit -, r t the r-:7'- and expense of the Licensee.
This a -r- -nt shall be b9_ndinC on the heirs, executors,
administrators, r.d assigns of the Licensee, and shall
be point and sevo-al L-: `:,ere is more than one party on the
second part.
BE IT RESO_VED BY 7ME BOARD O COi:=._I _SIOiT' '-1 Or THE CITY
0'-' PADUC,`_II,
SEC.^LION 1.
That EdSnr ". ',7fs',.burn, .:a, -or of the City of Paducah,
is hereby authorized to si-n and execute for and on behalf of the
city of Paducah the aforesaid aSrocment unc'.er .%hinh the Paducah
and Illinois Railroad Company grants to the City of Paducah the
license and permission to construct and maintain said pine lines,
said agreement so e-cecuted by him to contain all of the terms and
coed -tions as hereinabove set forth.
SECTION 2.
This resolution shall be in full force and effect from
and aftor its adoption.
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Passed by the Board of C rvn.issi overs June 13, 1939
Recorded by Rudy Stewart, City Clerk, Jure 11, 1939