Loading...
HomeMy WebLinkAboutOrdinances Book 13, Page 280, No Ordinance Number2$O % All ORDINANCE PROVIDING FOR TIIE LEASING BY THE CITY OF PADUCAH, KEidTUCI:Y Iil CONJUNCTION WITH THE COUITY OF KcCRACKEN, STATE OF I'.ENTUCKY, OF THE PADUCAH-NcCRACKEid COUiiTY AIRPORT PROPERTY TO TIIE PADUCAH AIRPORT CORPORATION, AND AUTHORIZIItG THE I•IAYOR AND CITY CL3RK TO EK.ECUTE, FOR AND OII BEHALF OF THE CITY OF PADUCAH, A LEASE COIITAII'.IIiG TIL TEIU.S, CONDITIONS AMD COIiEIIANTS PROVIDED HEREII%T BE IT ORDAIRTED BY THE BOARD OF C0I,11111ISSIONERS OF THE CITY OF PADUCAH, KEETUCKY: SECTION 1. That the City of Paducah, Kentucky join with the County of TIcCracken, State of Kentucky, in the execution of a lease to the Paducah Airport Corporation of the present Paducah -McCracken County Airport property ( known as Barkley Field), and the Iiayor and City Clerk are hereby authorized to execute, for and on behalf of the City of Paducah, a lease which shall be in words and figures as folloi•73, to -wit: "In consideration of Ten (10.00) Dollars per annum, cash in hand paid, receipt of which is hereby acknowledged, and the fur- ther consideration that the hereinafter described airport shall be maintained, operated and developed by Paducah Airport Corporation of Paducah, Kentucky, out of such funds as the latter may receive from time to time from any or every source and the benefit that the City of Paducah, Kentucky and the County of McCracken, Ken- tucky shall receive from the maintenance, operation and develop- ments of the said airport aforesaid, the City of Paducah, Kentucky and the County of i_cCracken, Kentucky, hereafter known as Lessors, lease unto the Paducah Airport Corporation of Paducah, T,entucky, hereafter known as Lessee, Barkley Field (formerly I;nowm as Paducah - McCracken County Airport), lying and being in i=icCracken County, Kentucky, more particularly described as follows: "Beginning At a point where the south side of U. S. Highway 6O intersects the west side of the Fisher Schoolhouse Road; thence with the west side of the Fisher Schoolhouse Road in a southerly direction to a point where the west side of the Fisher School- house Road intersects the north side of the Old Hinkle- ville Road; thence with the north side of the Old Ilinkleville Road and in a westerly direction to the Middle of the stream of the fork of Massac Creek; thence With the middle of the stream of the fork of K.assac Creek and with the meanders thereof and in a north- westerly direction to a point where said creel, inter- sects the south line of U. S. IIigghway 60; thence with the south line of U. S. IIighway 60 in an easterly direction to the point of beginning. "Beim;• the same property conveyed by the Paducah Air- port corporation to -the City of Paducah and the County Of I•IcCracken by deed dated October 21, 1941, and of record in Deed Bods 212, page 155, in the office of the County Court Clerk of ;•icCracken County, I.entucky. 281 "This lease shall continue in full force and effect until 10 years from the date of this lease agreement, upon the conditions herein stated. "This lease may not be sublet, in whole or in part, without the joint consent of the City of Paducah and the County of idc- Cracken. "Said Lessee shall have the exclusive right to operate, manage and control said airport or may enter into a contract providing for its operation, management and control by any other person, firm or corporation, and said Lessee may enter into all agreements involving the expenditure of money thereon. "The above described real estate shall be used for the develop- ment of a municipal airport and for no other purpose, but no part of the funds derived from the maintenance and development of said airport shall be paid to either of said Lessors, but shall be ex- pended for the construction and maintenance and operation of buildings and facilities thereon. It is further understood apd agrbed,.that.-the Lessors shall not be liable for debts created by the Lessee or by any person, firm or corporation with whom said Lessee contracts, nor shall Lessors be liable or assume any liability for payment of damages, either to the person or to the property of another, arising out of any accident which may occur at said airport on account of the megligence of Lessee, or of any other person, firm or corporation who may, by his or its contract with the Lessee, be charged with the responsibility for the maintenance and operation of said air- port. "A report of the management of the airport by the Padicah Airport Corporation shall be submitted to the City of Paducah and the County of 1dcCracken every b months. !!In the development of said airport, it has been desirable and necessary that Lessee (actin; as Lessee under a prior lease agreement between the parties hereto) make certain applications to the Civil Aeronautica Administration and to other Federal Agencies for Federal funds to be used to defray a part of the cost of im- provements made upon said airport property, and it is the intent of the parties hereto, notwithdtanding any provision of this lease agreement to the contrary, that the terms of this lease and the right and interest of the Lessee in and to the leased premises shall be subordinate to the obli;ation of the Lessors under any prior project application submitted to the Civil Aeronautics Administration, and to any grant offer tendered the Lessors by the Administrator of Civil Seronautica Administration upon such applications and 2$?_ shall also be subordinate to the obligations of the Lessors under any other application which may hereafter be submitted to the Civil Aeronautics Administration or to any other agency of the United Jtates of America for the development and improvement of the afore- said airport property and subordinate to any grant offer tendered to the Lessors and accepted by them upon any of such other appli- cations. in the event of the failure of the Lessee to operate and maintain the airport as herein contemplated and as improved by the Lessor by the use of United States of America or any agency thereof, the Lessors acting jointly shall have the right to enter upon the leased premises and exercise such control thereof as will effect compliance with the provisions of any project application or grant offer, or at the option of the Lessors, acting jointly, they shall have the additional right to terminate the lease con- tract forthwith without further liability thereunder to any of the parties. "It is understood and agreed that this agreement shall not be construed as making Lessee a party to such grant offer or liable for any portion of the project costs not to be paid with funds furnished by United States of America." SECTIOI? 2. This ordinance shall be in full force and effect from and after its a doption. Passed by the Board of Commissioners _arch 30, 1955 Recorded by Sarah Thurman, City Clerk, I.-a-rch 30, 1955.