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HomeMy WebLinkAboutOrdinances Book 12, Page 1100, No Ordinance Number1200 L. S9 Z el 11, ilLi DI A AN ORDIRTANCF, AUTHORIZING THE EXECUTION OF A CONTRACT BETIN&W THE CITY OF PADUCAH, BOARD OF PARK- COtI7,17SSIONERS (COLORED) AI1D ThU PADUCAF_.TFATEP. FIORKS REGARDING THE LAYING OF A WATER i;ATN 2XTEi1SIOI1 FROii THE PRESEIiT TIATER MAIN 011 1-11152EVILLE ROAD TO PROVIDF, FIATER FOR STUART 1'ELSOI;T PARtz, ARID PRESCRIBING THE TEPIIS ARID CONDITIONS TE IEREOF BE IT ORDAINED BY 773E BOARD OF COiyIISSIONEP.S OF TFIE CITY OF PADUCAH, ifRINUCKY: SECTIOI;T1. That the City of Paducah, by and through its i•Iayor, Robert C. Cherry, enter into a contract or agreement with the Paducah slater :forks and the Board, of Park Commissioners (Colored) to provide for the extension of a water main from a point on the Hinkle- ville Road, opposite the entrance road to Stuart Nelson Park, and to extend to and into said Park to provide water thereto, said agreement to be in words and -figures as follows: "Paducah ;later .!forks, minicipally owned, by and through its Commissioners of :later Works, (hereinafter called "IlAter blorks"), party of the first part and the City of Paducah, Ifentucky, hereinafter called "City and, Colored Park Board of Padar ah, Hereinafter called the 'Board", parties of the second part, all of padvcah, i•feCracken County, Kentucky. WITNESSETH: "That whereas, pursuant to an agreement dated December 5,1951, between !later [locks and i . H. Conrad and Ralph B. Hwnil ton, partners doing business as ii.11. Conrad Building Company, hereinafter called "Conrad" has constructed a 6 inch water main along the Hinkleville Road, and by said agreement, (later :forks agreed that Conrad should reserve, for a preiod of five years from the date of said contract, .4136 taps to furnish water service to family dwellings and commercial establishments in its svJdivision located in idcCracken County; And, whereas the dity is the owner of a tract of land comprising Stuart dTelson Park, a public park operated by the Board, and the City and the Board, desire to supply water to said Park; "In consideration of the covenants herein contained., the Board is hereby authorized to connect to said 6 inch main constructed by Conrad at the intersection, thereof with nelson Park Road, and to lay a 6 inch cast iron water main northwardly along Nelson Park Road from said Conrad main to the entrance to said Park, a distance of approximately 1915 feet; thence continuing in a northerly direction and along a roadway in said Park, a distance of approximately 885 feet, all in F3cCracken County, Kentucky. "It is further mutually agreed by the parties hereto that: 111. The Board shall lay the water main to supply water to the Park referred to herein at its own costs and expense, that is to say the water works shall not be nor become liable for any cost or expense of making said connection, laying said main, extensions or service lines. 112. Said water main and all water lines connected thereto shall be laid according to plans approved by the Water Yorks and shall be laid under the supervision and installed pursuant to the rules and regulations of the Water Works. 113. The water main laid by the Board pursuant to this contract shall be and become the property of the water workssas soon as the same is installed and accepted by the Water 4Y-ks and shall be freed of all liens, if any, at the expense of the Board. At the com- pletion of said water main, the Board will ,furnish to the water works a verified statement showing the cost thereof. 114. Provided that if the mater Works shall determine that the interest of Conrad in said water supply will not be adversly affected persons residing outside the city limits of Paducah may be permitted to connect to the main as contr^plated herein, and the City may charge suer. customers as follows: "(a) For each tap not larger than 3/4 inch, the sum of ;200. "(b) For each connection larger than 1 inch the sum of ;300. Such charges may be trade until the City of Paducah has been paid a sum equal to the actual costs of the main; provided, however, that such charges shall not be made by the City after 5 years .from the approval of this contract by City, nor in the event that the area occupied by the main shall have been annexed by the City of Paducah.. In no event shall the City recover more than the actual cost of the main. 115. The payment of the fees p7rovided for herein shall be made to the Water Yforks in Paducdi , Kentucky, and during the 5 year period mentioned in, Paragraph 4, the City is entitled to be paid or credited for all connections to said main and the Water :/orks will permit no other consumers residing outside the city limits of the city of Paducah to make use of said water main without payment of said sum for the use and benefit of the Board. Fees collected by the Yater Works shall be payable into the City's general fund on or about January 1 and July 1 of each year during said 5 year period. The Water ,'orks lice shall be the sole authority regulating and controlling connections to said main. 116. All water furnished to the Board or to anyone receiving water through the main outside the city limits of the City of Paducah, is surplus water and neither the City of Paducah nor the NAter MKS guarantee supply or pressure and neither shall be liable at any time for any Zack of pressure or failure of service, and should the supplying of water to the Board or to others receiving water from, the main of any time, in the judgment of the Commissioners of ;tater rlorks, interfere with proper and adequate water supply to consumers residing within the corporate limits of the City of Paducah, then, the supplying of water through the main may be discontinued. The Commissioners of ;later :forks shall be the sole judge of the question as to whether the sale of water through the main is interfering with proper and adequate service to consumers within the city limits. V. All water sold, by the dater Works through the matin shall be at rates now or hereafter established by the `later ':corks and subject to all rules and regulations now or hereafter adopted by the .'Nater ;forks. 18. The Board hereby agrees and undertakes to indemnify and save harmless the Water 'forks from any and all liability arising from the construction of the main or connections thereto laid by the Board prior to acceptance by the Mer .':corks. 119. Prom. and after the completion, of the main and its acceptance by the ;later :forks, the Board shall be under no duty or obligation to maintain same. 110. In the event that the Board shall make connections to said main larger than Z inch, the (later Uorks hereby reserves the right and authority to regulate the hours during which water may be supplied through such larger connections. "ll. Nothing herein shall authorize the Board to obligate itself over and above its present operating revenues, nor does this contract obligate the City to expend or ,furnish any funds for the construction os said extension, however the City having hereto fore appropriated ,funds to the Board, part of which were for the purpose of constructing said main, the money to be received .for water taps off this main is to be received by the City rather than, the Board as herein provided. "12. It is further agreed that should the (Board desire it may make or cause to be made additional taps to said main within 1103 the Park boundaries and may extend said main without cost but subject to the applicable provisionsof :chid agreement. 1113. This contract shall be in full force and effect from and after the date of its approval by the Commissioners of the City of Paducah. 11IN TESTUVONY TiTIEREOF, the parties hereto have set their hands this the day of _ _, 1953. ATTEST: EADUCAH NATER WORKS 3y --- Treasurer COLORED PARK BOARD CITY OF PADUCAH B1J City Clerk i;'¢uor SECTION 2. This ordinance shall be in full force and effect from and after its adoption. Mayor Passed by the Board of Commissioners A'arch 16, 1953 ,`'corded by Sarah Thurman, City Clerk, ilarch 10, 1953