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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 79 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 82 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&.