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HomeMy WebLinkAboutOrdinances Book 12, Page 540, No Resolution Number540/ A.RESOLUTION DIRECTING THE PLACING OF SIDEWALKS ADJACENT TO RIGHTS OF WAY LINES OF THE BELT LINE HIGHWAY BETWEEN 28TH AND JACKSON AND 21ST AND OHIO STREETS IN THE CITY OF PADUCAH AND ASSUMING LIABILITY ON THE PART OF THE CITY OF PADUCAH FOR DAMAGES TO ADJACENT PROPERTY CAUSED BY CUT AND FILL SLOPES BUT NOT INCLUDING ACTS OF NEGLIGENCE OR WILFUL MISCONDUCT . WHEREAS, the City of Paducah desires the Department of Highways to construct sidewalks on the Belt Line between 28th and Jackson and 21st and Ohio Streets in the City of Paducah, designated as McCracken County, SP 73-332 and that the sidewalks to be constructed shall be so located that the back side thereof would coincide with the rights-of-way lines of the adjacent property; and WHEREAS, the City of Paducah has been advised by the Department of Highways that they will agree to do this provided the City of Paducah agrees to hold the Department of Highways and the Contractor harmless for damages to adjacent property during construction of this project due to the fact that it will be necessary to construct cut and fill slopes back of the aidewalks on private property; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the Department of Highways and its Contractor in constructing sidewalks on the Belt Line Highway in the City of Paducah between 28th and Jackson and 21st and Ohio Streets locate said sidewalks so that the back side of the walk will coincide with the rights-of-way line. SECTION 2. That in consideration of the construction by the Depart- ment of Highways, Commonwealth of Kentucky, and its Contractor, of said side- walks on that portion of the Belt Line between 28th and Jackson and 21st and Ohio Streets, designated as McCracken County Special Project 73-332 and in placing said sidewalks so that the back side of the walk will coincide with the rights-of-way line of the property adjacent to the right of way lines, the City of Paducah does hereby agree to hold the Department of Highways and the Contractor harmless for any damages to adjacent property during con- struction of this project due to the fact that it will be necessary to construct cut and fill slopes back of the sidewalks on private property. However, the City of Paducah assumes no liability for any acts of negligence or wilful misconduct either to property or persons by the Department of Highways, its Contractor or their employees, during said construction. SECTION 3. This Resolution shall be in full force and effect from and after its adoption. Mayor Passed by the Board of Commissioners October 9, 1951 Recorded by Sarah Thurman, City Clerk, October 9, 1951.