HomeMy WebLinkAboutMinutes Book 20, Page 894, December 1, 1944Proceedings of Board of Cormlacioncrs Ctty of Paducah Decembor lot. 1944
At a Called meeting of the Board of Commissioners held in the Comminsioncrsl
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Chamber at the city Hall, Paducah, Kentucky, at 11:00 o'clock A.M. on December 1, 1944;
'.'ayor Seaton presided and upon call of the Roll the following answered to their names:
Commissioners Johnston, Fierce, Pulliam, Gagner and Mayor Seaton (5).
;'ayor Seaton stated meeting was called for the purpose of compromising
suits instituted by hill Jordan, et al as to damages to their crops & livestock. caused.
by floodwall.
::eceivo V% kayor jeaton offered motion that the letter of Adrian Ii. Terrell, attorney
letter of
Terrell for the City of Paducah, with reference to the offer of ^1111 Jordan and others to
settle by compromise the suits instituted by them for redovery of damages to their i
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crops and livestock in a flood which occurred on May 10th, 1943, as a result of the
failure of the United Staten,'Ehgincers to construct under and through the floodwall a
sufficient number of drainage pipes and pipes of sufficient size to carry off the
surface water on the plaintiffs, lands, be received and filed. Adopted on call of
the Roll, Yens, Commissioners Johnston, Pierce, Pulliam, 7;agner and 1,: ayor Seaton (5).
Settle claims:" Commissioner Johnston offered the following motion: WHEREAS, the City
or ..ill V,
Jordan, et al tanager, H. G. McElwee, and the y ttorney for the city, Adrian H. Terrell, having
recommended that the City of Paducah settle by compromise the suits ins.tituted by
:7111 Jordan, A. F. :7arren and L. I'd. Andrews, Gus Joiner, H. D. Brewer, and Genie
77athrell and H. A. Williamson, for recovery of damages in the total sum of y2850.00
on account of the destruction of their crops and live stock in a flood which occurred
on ::ay 10th, 1943, as a result of the failure of the United States Engineers to
construct under and throuCh the floodwall a sufficient number of drainage pipes and
pipes of sufficient size to carry off the surface water on the plaintiffsi lands; and,
'NH EREAS, the United Statos-Engineors have refused to accept the respon-
sibility for the da -:age sustained by the plaintiffs in said action by taking advantage
of their immunity under the following provision of the local assurance agreement con-
tained in an ordinance 'adopted by the Board of Commkasionera on May 2nd, 1938: -
"The City of Paducah will hold and save the United States,
its officers and employees free from -all claims for damages
and all liabilities due to the construction work, and will
maintain and operate without expense to the United :hates all
completed flood control structures in accordance with
regale tione prescribed by the Seerotary of War. 11
AIM t',11EHEA3, the four above mentioned suits are set for trial on December
4th, 1944; and,
'-,?9REA3, if the uity of Paducah will pay the coats of court incurred in
said net -or., the plaintiffs have a -meed to accept settlement 1n the following amounts:,
''Jill Jordan, A.2.1.7arren and L..:.Androws . . . . . . . . y475.00
qua Joiner . . . . . . . . . . . . . . . . . . . . . . 225.00
;I. ... Brewer . . . . . . . . . . . . . . . . . . . . . 380.00
.;finis-7at,rell and ...,,.Y;illiamsen ...
393.50
Total . . . . . . .x;1473.50
tf.erefor- move that the City of FaducaP: nettle. each of the four aforesaid
acticns ty payir., the anounaa acove set out, together with the costs of Court, that
the r1i.ty :rc-as..-er i.e a ttc:izel to deliaer r.hocks to V am upon the filing of orders
ismizzing each of s3:'_ ar.ticns, and that the amounts paid be charged to the appro-
rr:st:on made to the a<:,artnent of t:6 City of Paducah for payment of suits and
claims under t e e;-;-trt:t: nt or;i:ns:r.ca a^`.,pted in the year 1944. Adopted on call
of the Roll, sees, ,%,hnaten, Tierce, Pulliam, Na:zer and Layor :oaton (5).
No. 895
Proceedings of :nerd or ComminsIonem2__Ctty of Paducah December lat, 1944
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Payroll last V' Commissioner 'li�agner offered motion that the payroll for the last half of
half Nov 144
November, 1944 be allowed in the amount of ;10,735.74, and that the City Treasurer
be authorized to pay the same by checks drawn on the General Fund. Adopted on
Call of the Roll, Yeas, Commissioners Johnston, Pierce, Pulliam, Wagner and tlayor
Seaton (5)
Cemetery deed' Commissioner vilagner offered motion that deed Granted to Yrs. f..ary Elizabeth Noss
7.:rs. Nary
Elizabeth 4 for the East one-half of Lot 32 in Block 2 in the Nausoleum Addition in Oak Grove
E1os s
Cemetery, Paducah, Kentucky, upon proper payment of •;130.00 to the City Treasurer be
approved. Adopted on call of the Roll, Yeas, Commissioners Johnston, Pierce,
Pulliam, 1.7agner and mayor Seaton (5).
Cemetery Report,,-" Commissioner Pierce offered motion that the report of Oak Grove Cemetery for the
Nov. 1944
month of November, 1944, be received. Adopted on call of the Roll, Yeas,
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Commissioners Johnston, Pierce, Pulliam, Flagner and tlayor Seaton (5).
Accept settlement ✓ tfayor Searon offered the following motionE I move that a Resolution entitled:
with Gov't I
Airport "A RESOLUTION APPROVING THE ACCEPTANCE OF TIIE 3U14 OF $14,250.00 BY THE CITY CP PADUCAH,
F=TTUCKY, AILD THE COUNTY OF t1CCRACKEN Ah'D STATE OF KENTUCKY AS FULL AND COt1PLETE
SATISFACTION OF THEIR CLAI14S AGAINST THE UNITED STATES OF AtIERICA Ofd ACCOUNT OF THE
DAMAGE TO THE PADUCAH AND f.ICCRACKEN COUNTY AIRPORT 1.'4iILE LEASED TO THE GOVERNt1ENT;
AU'"HGI IZIIIG THE tNA'YOR AND THE CITY CLERK TO EXECUTE, FOR AND Oil BEHALF OF THE CITY
OF PADUCAH, AIN INSTRUL'LNT OF :7I1ITING RELEASIIIG TIM, GOVERNMENT ?R011 ALL LIABILITY TO
EFFECT TILE RESTORATION OF SAID AIRPORT AS REQUIRED BY TIE TEMNS OF SAID LEASE,
IIS
TOGE'T'HER WITH All INVOICE FOR THE 11ESTORATION Or SAD PRZIISES, AMD PRESCRIBING THE
j T RIM, CONDITIONS AND COVEINANTS TO BE CONTAINED III SAID RELEASE", be adopted.
i Adopted on call of the Roll, Yeas, Commissioners Johnston, Pierce, Pulliam, Magner
and Yayor Seaton (5).
On motion the meeting adjourned.
ADOPTED—h�]AE. S 1944 APPROVED
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