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HomeMy WebLinkAboutOrdinances Book 10, Page 1129, No Resolution Number1129 ✓ A RESOLUTION PROVIDING FOR THE LAYING OF A SPUR TRACK ON CAMPBELL STREET UNDER AND PURSUANT TO A CONTRACT VIITH THE ILLINOIS CENTRAL RAILROAD COMPANY; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE, FOR AND ON BEHALF OF TIIE CITY OF PADUCAH, A CONTRACT ':;ITH THE ILLINOIS CENTRAL RAILROAD COISPANY, AND PRE- SCRIBII•:G THE TEM."IS, CONDITIONS AND COVENANTS TO BE CONTAINED III SAID CONTRACT BE I^ RESOLVED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah enter into a contract with the Illinois Central Railroad Company for the laying of a Spur Trac on Campbell Street, and the Mayor and City Clerk are hereby authorized to execute, for and on behalf of the City of Paducah, a contract with said railroad company, said contract to contain the following terms, conditions and covenants; "Whereas, the Shipper (meaning the City of Paducah), in order to facilitate the carrying on of his business, at the n aforesaid, desires to have one or more spurs or sidetracks, herein fter called the Track (all words herein referring to the Track to be taken of such number as shall be appropriate), constructed so as t connect with the tracks of the Railroad Company, as shown by the r line or lines on the exhibit hereto attached and made part hereof, it is now mutually agreed as follows: "1. The Shipper shall furnish, free of cost to the Railroad Company, all of the ground needed for the construction, use and maintenance of the Track, in case and so far as the Track shall extend beyond the waylands used or occupied by the Railroad Compan , and shall give the Railroad Company secure and exclusive possession of the said ground and shall maintain the Railroad Company in such rossession and its quiet and peaceful enjoyment so long as this Contract shall continue in force. In case the Track shall be laid upon any road street or alley, the Shipper shall, before perform of this Contract by the Railroad Company, secure all necessary permission and authority for constructing, maintaining and using the Track, and shall pay or assume payment of all compensation, assessments, fees or other charges lawfully required at any time, o� from time to time by any public authority, corporation or person, by reason of the construction, maintenance or use of the Track. "2. The Shipper shall, at all times, maintain the Tract in a condition which will safely and satisfactorily accommodate the 1130 equipment operated and handled over the same by the Railroad Compal The Chief EnCineer of the Railroad Company, or his representative shall be the sold judge of the material required and character and amount of work necessary to keep the Track in condition to safely accommodate the cars and enCines operated over same by the Railroac Company. All work done and material furnished under this Contract by the -Shipper shall be satisfactory in all respects to the Chief shgineer of the Railroad Company. In case the :hipper shall fail t maintain the Track as aforesaid, for a period of .five days after the Railroad Company shall have notified the hipper of the need of repairs or renewals, the Railroad Company sdall have the richt at i option to make all necessary repairs or renewals, and the "hipper s reimburse the Railroad Company for all expense so incurred, includi ten per cent (10°a) on labor to cover supervision and use of tools, and fifteen per cent (15„) on material to cover freight charges and cost of handling. In case of default on the part of th.e chipper to comply with any of the requirements herein specified, the Railroad Company shall be under no obli.,ation to move cars upon the Track. 3. The Railroad Company shall be the owner of that cart of the Track from point of switch to clearance and shall have sole control of so -huch of the '2racic as shall be ormed by it, and shall the 111Zht to use the entire Track for any lawful purpose not incon- sistent with the proper handling of the Lusiness of the Shipper. In case the o,:rnership of the Railroad Company in the _rack includes any part of the same lying beyond the waylands of the Railroad Company, the materials in such part of the !iack shall be and remair personalty and shall not become a part of the realty. "The Railraod Company shall also have the richt to use or extend the Track for the purpose of serving any other industry now hereafter located adjacent to the Track, or beyond the plant of the Shipper, as t' -e case may be, and in any such event, or in case the Track shall be used by the Railroad Company for purposes other than serving the plant of the chopper, the Railroad Uompany will assume an equitable proportion of the cost of mointaininC the Track. "The Railroad Company shall have the 1,1 -ht at any time to remove that part of the 'Track owned by it, upon Civin- to the Shipper written notice of the i;ails.oad Gorapany's intention to re"rov the same thirty (30) days before such removal shall bye colrssenced. "4. It is understood that the movement of railroad locomotives involves some risk of fire, and the "hipper assumes all responsibility for and agrees to indemnify the Railroad Company aCa Loss 01, damage to property of the "hipper or to property upon its premises, regardless of railroad negligence, arising from fire cans 0 s 1 ave t by locomotives operated by the-ailrood Uompany ori .the track, or it its vicinity, for the purpose of serving the whipper, except to the pr raises of the-,Oilroad lompany and to rollin„ stock bel,nginL to the Railroad Company or to others, and to shipments in the course of transports ion,. "The Shipper also agrees to indemnify and hold harmless the Railroad Company for loss, dar.iage or injury frm nny not or omission of the ohinper, its employees; or agents, to the person o property* of the parties hereto and their employcen, and to the porton or property of any other person or corporation, while on or about 1ho track; and if any claim or liability other than from fire shall ar ae from the joint or concurring negligence of both parties hereto, it shall be borne b;; them equally. "5. The Railroad Company shall not be liable for any goods, articles or property of any description that may be shipped by,the Shipper over the Track until and unless the car or cars containing such goods, articles or other property shall have been tendered to the Railroad Company for removal and transportation and shippin- direc ions Given; nor shall the railroad (,orapany be liable or responsible for any Goods, articles or other property of any description viratsoever delivered by it on the track after the car or cars containing the same is or are placed on the Track. "6. The chipper will permit no obstruction within eight and one-half (8z) fact of the center line of said Track, and no structure or obstacle over the Track or above it at a less height han may be specified or approved by the Railroad Compa ny in i-.Titing at the time the structure or obstacle is erected or suspended, and will hold and keep harmless the Railroad Company from all liability, lo•s, damage and costs, including attorney's fees, by death or injuries o persons or to property in any manner resulting from or arising out of the failure to perform this covenant. Knowledge of, or notice to he Railroad Company of such failure and its continued operation of th Track thereafter shall not be a waiver of this covenant. 117. This Contract, and the covenants thereof, so far as they lawfully may, shall run with the land upon which the Track is located, and with the said premises belonging to or occupied or us d by the whipper at the place aforesaid, as shonrn by the said exhibi . In case the said promises belong to or are occupied severally by different parties of the'seeond part, the covenants of this Contra t in relation to the said premises shall be construed to refer severilly to the parties of the second part to whom the said premises belong or by whom they are occupied, -respectively. This contract shall a so be binding on the heirs-, executors, administrators, successors and as igns of the parties hereto, and shall be joint and several where there a 112 more than one party of the second part. "8. Railroad Company aCrees, upon payment to it of the sum of N,?.60.00, to lay and construct the Track. 119. It is understood and acknowledged that the amount to be paid to the shipper represents the cost of that part of the 'Track from clearance point to end and that the Railroad Company will, at its own expense, construct that part of the Track from point of switch to clearance. "10. It is further understood and acknowledged that the provisions of Article 2 hereof shall apply to that part of the Track beyond the clearance point and that the Rail- road Company will, at its own expense, maintain that part of the Track from point of araitch to clearance. "11. The .;hipper shall be the otiiner of that part of the Track from clearance point to end." SEC TION P. This Resolution shall be in full force and effect fro4i and after its adoption. Passed by the L6ard of Commissioners, LArch 20th, 1945 Recorded by Rudy Stewart, City Clerk, March 20th, 1945.