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HomeMy WebLinkAbout76-1-122423 r' ORDINANCE NO. 76-1-1224 AN ORDINANCE' ADOPTED PURSUANT TO KRS 94.292 ET SEQ . PROVIDING FOR THE MAKING OF A PUBLIC IMPROVEMENT KNOWN AS THE TOWNLIFT PROJECT , CONSISTING OF SIDEWALK IMPROVEMENTS IN A CERTAIN DESIGNATED AREA , REQUIRING THE PADUCAH POWER SYSTEM AND ALL PERSONS USING ELECTRICAL SERVICE IN THE AREA OF SUCH PROJECT TO PLACE ALL ELECTRICAL WIRES AND CONDUITS FOR ELECTRIC WIRES BELOW THE SURFACE OF THE GROUND , AND PROVIDING FOR ALL OTHER MATTERS WHICH ARE REQUIRED TO BE PROVIDED FOR IN THE FIRST ORDINANCE PURSUANT TO SUCH STATUTES WITH REFERENCE TO SUCH PROJECT, AND AUTHORIZING, RATIFYING AND CONFIRMING PREVIOUS ACTION TAKEN BY THE BOARD OF COMMISSIONERS OF THE CITY WITH REFERENCE TO THE FOREGOING, AND DECLARING AN EMERGENCY TO EXIST WHEREAS, heretofore the Board of Commissioners of the City of Paducah, Kentucky, by a resolution adopted on September 30, 1975, duly adopted a resolution complying with the provisions of KRS 94.292 (2) which designated the route or area of a proposed improvement, set out in general terms the character and extent of such proposed improvement and declared the improvement to be a necessity, such improvement (the "Project") , being known as the Townlift Project and consisting of major sidewalk improvements and requiring the Paducah Power System and all persons using electrical service in the area of such Project to place all electrical wires and conduits for electric wires below the surface of the ground, the extent of such Project being set forth in Section 3 of such resolution, and WHEREAS , such resolution was duly published pursuant to KRS Chapter 424 as required by KRS 94.292 (2) , and such resolution was thereafter and at all times since such publication has been in full force and effect, and WHEREAS, the Board of Commissioners on November 10, 1975, duly adopted a resolution authorizing the City Manager to advertise for bids for such Project and such bids have been received and opened and it appears that a bid may have been received which the Board may consider to be for the best interest of the City for acceptance within the time limit provided in connection with such advertisement, and WHEREAS , the adoption of such two resolutions substantially complies with the provisions of such statutes with reference to the action which must be taken by the Board of Commissioners prior to the receipt and consideration of such bids for the construction of such Project , and 24 WHEREAS , it is desired by the Board of Commissioners to clarify and approve such action heretofore taken and adopt in ordinance form all legislation which needs to be adopted before the acceptance of a bid in connection with such construction , NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY, AS FOLLOWS: SECTION 1. That this ordinance is adopted to comply with the provisions of KRS 94.292 et seq . which provide for a city legislative body to adopt an ordinance for the making of a public improvement under the provisions of such statutes, after a resolution has been adopted of the character which was adopted by the Board of Commissioners on September 30, 1975. That the public improvement (the "Project" herein) which was described in such resolution adopted on September 30, 1975, shall be made . SECTION 2. That as provided by KRS 94.293, the Project, known as the Townlift Project, shall encompass the right-of-way of Broadway from the westerly right-of-way line of First Street to the westerly right-of-way of Seventh Street, and all of the right-of-way of Second Street, both east and west of the Market House, between Broadway and the northerly right-of-way line of Kentucky Avenue , which is more than one public way. All of such public ways are included in one project, because they are to be of the same type of construction . SECTION 3. That pursuant to KRS 94.295, provision is made for advertise- ment for bids as provided in KRS 94.306, and for the levying of an improvement tax upon all benefited property to the extent that same is to be assessed for the costs of the improvement, the amount of the tax to be ascertained and fixed in the apportionment ordinance as provided in KRS 94.309, to the extent that the cost of such Project has not been paid or is not to be paid from other sources. That the adoption of the resolution on November 10, 1975, providing for the advertising for bids for the construction of the Project , is hereby authorized , ratified , approved and confirmed , and all action heretofore taken by the City Manager and any other representative or representatives of the City in connection with such advertising are hereby approved, ratified and confirmed and declared to have met the legal requirements in connection with same . SECTION 4. That as provided in KRS 94.297 , the Project shall be made on the basis that as provided in Sections 4 through 7 of such resolution adopted on September 30, 1975, the City and persons other than the owners of the benefited properties shall pay a specified part of the cost, and the owners of benefited properties 25 shall pay the balance of the cost of the Project. That as' provided ri KRS 94.297 (2°) , benefited property owned by the County or any other governmental agency or unit, except a school district shall be assessed the same as private property,'and the amount of the assessment shall be paid by the County or other governmental agency or unit , as the case may be , to the extent permitted by law . SECTION 5. That pursuant to KRS 94.298, the cost of intersections of sidewalks shall be included in the overall cost of the improvement and apportioned and assessed accordingly , it being provided , however , that as hereinbefore provided , the City and persons other than the owners of the benefited property shall pay a part of such cost . SECTION 6. That as provided in KRS 94.301, the benefited properties shall consist of all real estate abutting on the side of the street on which the improvement is to be made , for the distance of the improvement . That it was determined by such resolution adopted on September 30, 1975, the equitable basis for the making of assessments to pay the part of the cost to be borne by the benefited properties shall be according to the number of abutting feet , provided , however , it is determined that the owners of lots abutting two sides of the Project do not benefit to the same extent as the owners of other lots and that an assessment on the basis of benefits received with reference to such owners of lots abutting two sides of the Project would be that they would be assessed according to the full number of abutting feet for the longer abutting side but only for one-half of the abutting feet along the shorter abutting side . SECTION 7. Pursuant to KRS 94.316, it is hereby provided that the improvement tax may, at the option of the property owners subject to the tax, be payable in installments, as provided in such Section and in KRS 94.317. SECTION 8. That although in previous actions taken by the City, it has been stated that the assessment for the benefited properties would be $55.00 per frontfoot, such action is hereby clarified to provide that such amount is an estimate and the exact amount will not be determined until the provisions of KRS 94.309 are complied with, and which will be complied with . SECTION 9. That all of the action heretofore taken by the Board of Commissioners and/or the authorized representatives of the City with reference to such Project are hereby authorized , ratified , approved and confirmed , except to the extent that same may be inconsistent with the provisions hereof . That this ordinance shall be all of the action which shall be necessary to be taken by the Board of Commissioners until action is taken on the bids which have been received 26 with reference to the construction of such Project.. SECTION 10 . An emergency "is declared to .exist and this ordinance shall therefore be introduced and remain on file for one week for public inspection in the completed form in which it shall be put upon its final passage, and if adopted. shall be in full force and effect immediately thereafter . Mayor (Seal of City). Attes • - ~~ ~ ~ City Clerk Introduced by the Board of Commissioners January 13, 1976 Passed by the Board of Commissioners January 27, 1976 Recorded by Sarah Thurman, City Clerk, January 27, 1976.