HomeMy WebLinkAboutAccepting all streets listed therein as being a part of the incorporated area of Paducah77
A RESOLUTION ADOPTING AND APPROVING THE EXECUTION OF A
CONTRACT BETWEEN THE INCORPORATED AREA DF` FADUCAH LOCATED IN McCRACKEN
COUNTY AND 'THE BUREAU OF HIGHWAYS , COMMONWEALTH OF KENTUCKY, FOR THE
FISCAL YEAR BEGINNING JULY 1, 1976, AS PROVIDED IN THE KENTUCKY REVISED
STATUTES AND ACCEPTING ALL STREETS LISTED THEREIN AS BEING STREETS "WHICH
ARE A PART OF THE INCORPORATED AREA OF PADUCAH
BE IT RESOLVED BY THE LEGISLATIVE BODY OF THE INCORPORATED
AREA OF PADUCAH THAT:
'SECTION 1. The Legislative Body of the Incorporated Area of Paducah
does hereby accept all streets contained in said contract as being city streets which are
a part of the Incorporated Area of Paducah, and
The Legislative .Body of the Incorporated Area. of Paducah does hereby
ratify and adopt all statements, representations, warranties, covenants and agreements
contained in said contract and does hereby accept said. contract and by such acceptance
agrees to all the terms and conditions "-therein stated .
- Said .contract reads as follows:
" . " SECTION 2. ~ -
COMMONWEALTH OF KENTUCKY - -
CITY OF PADUCAH
McCRACKEN COUNTY - " '
. ~ In compliance with the laws made and provided, this contract is.entered
into between the"Bureau of Highways , Commonwealth of Kentucky , and the Legislative
Body. of the Incorporated Area of Paducah , McCracken County , ~ Kentucky .
- r The projected,net~'apportionment to the incorporated area for-"thee
fiscal year beginning July 1, 1976,: after providing for administration, emergencies`, and
contingencies is `approximately One Hundred Twenty Nine Thousand Four Hundreds Eighty
Seven and no Orie Hundredths--_=-dollars ($129,487,00) ~ This approximate amount will be
expended by the Bureau of Highway's to aid the incorporated area in the maintenance;
reconstruction ," or -construction of certain streets in said incorporated area . ,
In the`°event revenues produced pursuant to KRS 177:365 are not sufficient
to fund'the amount ?set out herein, any deficit caused by expenditures pursuant to this
agreement may be deducted from future allocations to the incorporated area.
In they event revenues produced pursuant to KRS 1'T7'.365 exceed the -
amoixnt=set out herein, the exces~s~ shall be credited to .the incorporated area's.aecount,
and anyunexpended amount "sha1T be carried forward to the succeeding fiscal year
The streets on which these funds may be expended by the .Bureau of
Highways and the. classification and type of work or services ~ (Improvement =-=_--=
--------) to be performed are listed hereafter .
78
McCRACKEN COUNTY
CITY OF PADUCAH
PROJECTS DESIGNATED FOR 'IMPROVEMENT
ROAD `NAME BEGINNING ENDING LGTH TYPE
Alabama 8t. 28th St. NE Dead End 0.2'4 Bit. Resurface
Atkins Ave . Cairo Rd . SW 13th St . 0.05 Bit . Resurface
Avondale Rd Farwood Dr . W Highland Blvd 0.32 Bit'. Resurface
Bell Ave Shelbourne St . SE I . C . R . R . 0.11 Bit . Resurface
Boone Lane 28th St. SW Dead End 0.12 Bit. Resurface
Cherry St. Cumberland Ave. W° Alabama St. 0.08 Bit. Resurface
Clay St . 21st St . W 23rd St 0.27 Bit . Resurface
Cleveland St . Fir St . N Coxey St . 0.09 Bit . Resurface
Cornell St . 28th St . NE Center St . 0.05 Bit . Resurface
Cumberland Ave . Seitz St . N Cherry St . 0.08 'Bit . Resurface
Farwood Dr . Elmdale Rd . N Avondale Rd 0.38 Bit . Resurface
Fern St. Oak St. NE 8th. St. 0.05 Bit. Resurface
Fir St . Old Mayfield Rd . 5E Lincoln Ave . 0.06 Bit . Resurface
Glenwood Ct . Glenwood Dr . W Dead End 0.05 Bit . Resurface
Glenwood Dr . Elmdale Rd . N Avondale Rd 0.39' Bit . Resurface
Harding Ave . Ficklin Ave . S Custis St . 0.20 Bit . Resurface
Jones St. 28th St. W 29th St. ~ 0.08 Bit. Resurface
Louise St . 12th St . SW 13th St : U . 07 Bit . Resurface
Madison St .. 21st St . W 28th St . 0.54 Bit . Resurface
Mimosa Lane Central Ave. 'SE Buckner Lane 0.25 Bit. Resurface
Mississippi St Center St. NE Seitz St: - 0.05 Bit: Resurface
1Vlonroe St. 25th St. W 28th St. 0.25 Bit. Resurface
"Monroe St . 30th St . W 31st St . 0.08 Bit . Resurface
Northview St. 6th St. SW 10th St 0.36 Bit. Resurface
Northview St . 13th St . SW 14th St . 0.07 Bit . Resurface
Poplar St . Sanders Ave . NW Davis Ave . 0, 06 Bit . Resurface
Quarles Ave . • Mayfield Rd . NW 0.17 mile 0.17 Bit. Resurface
Roosevelt Blvd . Pool Rd . W Harding Ave . 0.17 Bit . Resurface
Sanders St. Sycamore St. W Birch St. 0.13 Bit. Resurface
Seitz St. Mayfield Rd. W 0. i'3 mile 0.13 Bit-: Resurface
Seitz St. 23rd St. SE Virginia St. 0.08 Bit.-Resurface
Shelbourne St. 30th St. S Hill St. 0.28 Bit. Resurface
Shelby St . Ficklin Ave . S Custis St . 0.20. Bit . Resurface
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Todd St . Pool Rd . W Harding Ave . 0.17 Bit . Resurface
Virginia St . 28th St . NE" Seitz St . 0.09 Bit . Resurface
12th St . Palm St . W 'End Street 0.11 Bit . Resurface
22nd St . Park Avenue NE Mildred St . 0.28 Bit . Resurface
24th St . Park Avenue NE Mildred St . 0.30 Bit . Resurface
27th St. Park Avenue SE H.C.Mathis Drive 0.09 Bit. Resurface
31st St. Jefferson St. N Clay St. 0.30 Bit. Resurface
34th St . Central Ave . NW Pines Rd . 0.21 Bit . Resurface
36th St . Friedman Ave . NW Pines Rd . 0.45 Bit . Resurface
38th St . Friedman Ave . NW Central Ave . 0.25 Bit . Resurface
TOTAL MILES 7.76
SPECIAL PROVISIONS
The Legislative Body of Paducah will be responsible for performance of all phases of work
required to accomplish the projects herein designated .for IMPROVEMENT. .The work will,
if required, include but not be limited to advertising for bids and inspection. The work
--and its implementation will be accomplished in accordance with the current Bureau of
Highways' policies , standards , and specifications and will be governed by the applicable
Kentucky Statutes . - `
- In the event the Legislative Body of Paducah performs any work designated in this contract
for IMPROVEMENT , with its personnel and its equipment or the equipment of a private
vendor through a lease rental agreement, and expects to-be reimbursed for cost of said
labor and equipment, concurrence in the unit prices of the labor and equipment, or any
combination thereof, must be obtained by the Chief Executive Officer or his authorized
representative of the Incorporated Area from the Bureau of Highways' District Engineer .
Concurrence must be obtained by the City of Paducah through the Bureau of Highways'
District Engineer -prior to the award•of any contract on projects herein designated in
this agreement for IMPROVEMENT that utilizes Municipal Aid Funds .
The Bureau of Highways will reimburse the City of Paducah for the actual cost of all
work performed in compliance with the General and Special Provisions of this contract
insofar as Municipal Aid Funds are available . The city will be responsible for all
costs in excess of the Municipal Aid Funds.
The City of Paducah-will. provide required certification. to the Bureau of Highways'
District Engineer in Paducah before payment for any work will be authorized.
The Bureau of Highways will not reimburse the City of Paducah for any work on projects
designated in this contract if the work is not performed in accordance -with the Bureau of
Highways' current policies , standards , and specifications and in accordance with the
General and Special Provisions contained in this contract .
And further , the Bureau ~of Highways will note reimburse the City of Paducah for any work
on projects that are not listed in this contract .
The Incorporated Area of Paducah may perform or cause to be performed work in this
`contract prior to July 1, 1976; with the undersfianding~the Municipal-Aid Funds do not
become available until July 1, 1976, and the Bureau of Highways cannot be billed for
said work prior to July 1; 19'76. EXCEPTION: Prior year funds reflected on the
TD 10-1 for F. Y. 1976-77 may be paid prior to July 1, 1976.
The City of Paducah will not be reimbursed for any work included in this contract that
is performed prior to the signature of the Commissioner of Highways' or his designated
representative or prior to the concurrence by the District Engineer for the assignment
of work : - _ _ _ .
80
McCRACKEN COUNTY
CITY OF PADUCAH
GENERAL PROVISIONS
The chief executive officer and legislative body of incorporated areas or
the county judge and fiscal court of unincorporated urban places stipulate and hereby
certify that all roads and streets and bridges listed as projects in this contract are a part
of the road and street system of the incorporated area or unincorporated urban place and
as such are the responsibilities of the legislative body of incorporated areas or the fiscal
court for unincorporated urban places. Their inclusion as projects in this contract does not
relieve the governing body of its responsibility .
The legislative body or the fiscal court will reimburse the Bureau of
Highways for any loss it may sustain arising out of performance of this contract by the
bureau. Suc-Yi.loss as sustained by the Bureau of Highways may be charged to unincor-
porated urban -place's or incorporated area's apportionment in this or future fiscal years .
Should any balance of the incorporated area's or the unincorporated urban
place's apportionment remain after° performance of this contract , such balance .will remain
~. ~ to the credit of the incorporated areas or the unincorporated urban places for development
of future contracts by the Bureau of Highways .
The Bureau of Highways will accomplish the work involved in the performance
of this contract "at such times and~by such means as it miay deem desirable and advisable .
It is agreed that any materials purchased by the Bureau of Highways and
:delivered to.the-incorporated'area or unincorporated Durban place shall be used by the
appropriate governmental agency only on projects listed herein and that all use thereof is
subject at all times to irispectinn aril supervision by "the: bureau".
The Bureau of Highways reserves the right to use a portion of the funds to
provide bureau personnel and equipment or any other means it may deem necessary to
successfully complete the terms of this contract. ~,
The. general "administration and supervision of the program .herein -d:esignated
shall be under the jurisdiction of the Bureau of Highways .
It .is further understood, agreed. and stipulated by the parties -hereto that if,
at any time , in. the judgment of- the "Commissioner of `Highways or his authorized representative ,
the legislative body or the fiscal court is refusing or failing to properly and promptly perform
any work stipulated iri the contract to be performed by the said legislative body or fiscal
court, the Commissioner of Highways or his authorized representative may take-over such
work and perform same by whatever means he deems appropriate .
81
Should conditions arise which, in the judgment of the Commissioner
of Highways , render it burdensome to the general welfare of the Commonwealth to continue
any work commenced under terms of this contract, the bureau may suspend or curtail
such work.
It is understood and agreed that any urban road or city street listed as a
project in this contract shall not include structures, single span or multiple span, having
a length of more than twenty feet measured on a horizontal plane along the centerline of
roadway between the inside faces or abutments or end bents at the bridge seats, the
intrados of arches at the abutment springing lines, or the inside faces of the outer sidewalls,
unless they are specifically designated as a separate project.
It is further agreed between the parties hereto that all obligations incurred
under this contract are subject to any law or regulations now existing or hereafter enacted
or promulgated ,:- - _ ,
The Bureau of Highways assumes no responsibility for roads or streets not
made a part of this contract and for those which are so listed only such responsibility as is
detailed in this contract and then only insofar as funds are available . The legislative body
or the fiscal court acknowledges its total responsibility for roads or streets not listed in
this contract.
The chief executive officer of the said incorporated area, the county judge
of the said unincorporated urban place, and the Commissioner of Highways, or their
authorized representatives , insofar as their actions are in accord with the laws of the
Commonwealth of Kentucky, shall act for their respective parties on all matters arising
under this contract .
I1V TESTIMONY WHEREOF, the parties hereto have executed this contract
on this the day of 19
Incorporated Area of Paducah, KeCracken County.
By:
Chief Executive Officer
Bureau of Highways
By
Commissioner of Highways or
Designated Representative
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SECTION 3. That William S. Murphy, Mayor of the City of Paducah,
,.
Kentucky is hereby authorized and directed to sign said contract, as set forth, on behalf
of the Legislative Body of Paducah,' McCracken County , Kentucky , and the City Clerk
is hereby authorized and directed to certify thereto .
SECTION 4. This resolution shall be in full force and effect from and
after the date of its adoption .
.... _ ..... , ~.; ,.. _ , ..._,.. -Mayor _ . _-
Passed °by~the Board `of Commissioners M~rch-23, :1976
Recorded by Sarah Thurman, City Clerk, March 23, 197&.