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ORDINANCE NO. 87-3-2983
AN ORDINANCE APPROVING AN ENCROACHMENT AGREEMENT WITH PADUCAH
SCRAP COMPANY ALONG THE FLOODWALL
WHEREAS, Paducah Scrap Company has constructed an anchor
adjacent and within twenty-five (25) feet of the floodwall at 500
Riverfront, between Adams and Jackson Streets; and
WHEREAS,,Paducah Scrap Company failed to obtain permission
from the City of Paducah before construction of this anchor; and
WHEREAS, the anchor is in close -proximity ,to the.footings of
the floodwall and could create a danger of weakening the floodwall if
not corrected; and
WHEREAS, the Army Corps of Engineers has determined that more
damage would be done to the footings of the floodwall in removing the
structure than would occur if the structure is allowed to remain with
certain safeguards; and
WHEREAS, Paducah Scrap Company has provided the safeguards
recommended by the Army Corps of Engineers; and
WHEREAS, the Corps of Engineers has recommended that the City
enter into an agreement with Paducah Scrap Company to insure that the
structure is monitored to determine the effectiveness of the
safeguards.
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the Mayor is authorized to enter into an
Encroachment Agreement with Paducah Scrap Company so that they shall be
able to maintain an anchor adjacent to the floodwall at 500 Riverfront
under the following conditions:
A. Paducah Scrap Company shall agree not to make any
further encroachments into the floodwall right-of-way;
B. Paducah Scrap Company will agree to indemnify the City
for any costs the City may incur in testing the area
around the anchor and/or performing tests of the foundation and correcting any deficiencies that are
found. �D'
SECTION 2. That the Encroachment Agreement shall be for a
period of ten (10) years, renewable on an annual basis thereafter,
unless cancelled in writing by either party.
SECTION 3. Paducah Scrap Company agrees to give the
foundation to the City of Paducah and to not attempt to remove said
structure.
SECTION 4. The form and content of this Agreement shall be
approved by the Corporation Counsel of the City of Paducah.
SECTION 5. This ordinance shall be read on two separate days
and will become effective upon publication of title and a certified summary
thereof.
JOE VITERISI
Mayor
Introduced by the, Board of Commissioners March 10, 1987
.Adopted by the Board of Commissioners March 24, 1987
Recorded by Lenita Smith, City Clerk, March 24, 1987
Published by The Paducah Sun March 30, 1987.
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