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HomeMy WebLinkAboutOrdinances Book 10, Page 797, No Ordinance Number797 / AN ORDINANCE PROVIDING FOR THE REMOVAL OF ALL STREET CAR RAILS IN THE CITY OF PADUCAH, KENTUCKY, BY AND WITH THE AID OF THE WORK PROJECTS ADMINISTRATION, AND AUTHORIZING THE SALE OF SAID RAILS TO THE POLLAK STEEL COMPANY OF CINCINNATI, OHIO, THE FUNDS RECEIVED FROM TIME SALE TIEREOF TO BE USED TO I DEFRAY THAT PORTION OF THE EXPENSE INCURRED BY THE CITY AS THE SPONSOR OF SAID PROJECT WHEREAS, under and pursuant to the provisions of a resolution adopted by the Board of Commissioners on December i 2nd, 1935 the City of Paducah and the Kentucky Utilities Company entered into an agreement for settlement of the case of City of Paducah vs. Kentucky Utilities Company, then pending in the judgment of the Court and reads in part as follows: "That the franchise of April 4, 1919, which is referred to in the pleadings, and evidence as 'An Ordinance creat -1 ii ing a franchise to acquire, construct, operate and maintain an electric street railway over certain streets in the City of i Paducah, and providing for the sale thereofT, together with all amendments thereto, has been forfeited and is now terminated, and Ii all of the rails and ties now in any of the streets of the City of Paducah are the property of the City of Paducah, and the defendants is released and discharged from any and all liabilities and 6 obligations arising under said franchise, except its obligation to j remove the trolly wires and poles as hereinabove set out". AND WHEREAS, the City of Paducah, having acquired the ownership of ail rails and ties in the City, the obligation of removing the track and the track re -paving work is now, and has been since the adoption of the aforesaid resolution, the obligation I of the City of Paducah; and, WHEREAS, the Work Projects Administration has approved i a project under which all street car rails in the city will be removed and sold to a steel company to which said rails have been, allocated by the War Production Board; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah, as the sponsor of a project approved by the Work Projects Administration, obligates itself in 798 the sum of $14,579.00 for the removal of all street car rails, said project to include the work of excavating for, removing and 41 salvaging of the rails, the purchase of materials and the perfor- mance of the work necessary for the refilling and resurfacing of the trench in streets where said rails are removed, and all other appurtenant work necessary to complete said undertaking in accordance with the specifications contained in said project, but the city's contribution to said project in the sum of $14,579.00 shall be paid with the proceeds received .from the sale of said rails and the rental of equipment. In the event of the sale of the salvaged rails results in the receipt by the City of funds in excess of city's contribution in cash and "kind" toward the project, the amount of the excess will be, promptly upon completion of the sale of the rails, paid to the Mork Projects Adm:uiistration and the application of such funds to any expenditure previously made by the Work Projects Administration in connection with said project will, at the same time, be authorized. SECTION 2. The City Manager of the City of Paducah is hereby e2lpressly authorized to enter into any and all constnets and agreements with the work Projedts Administration necessary to carry out the purposes of this ordinance. SECTION 3. The City of Paducah shall sell said salvaged rails and scrap metal to the Pollak Steel Company of Cincinnati, Ohio, and he is hereby authorized and empowered, for and on behalf of the City of Paducah, to enter into a contract with the Pollak Steel Company for the sale of said rails and scrap metal at the highest price obtainable under the price schedule established by the Office of Price Administration, and said contract shall contain such other terms, agreements and covenants as in his judgment are necessary and proper to protect the interests of the city. The City Manager may, in his discretion, appoint a broker to handle the shipments of the salvaged rails and scrap metal provided the broker's commission is not paid out of the proceeds of sale tp which the city is entitled under the price schedule. SECTION 4. By reason of the necessity of removing the street rails for immediate use in the war industries and in order to 799 li preserve and protect the public welfare, health and safety of the city, an emergency is hereby declared to exist and this ordinance shall be in full force and effect from and after its adoption. Ma or y Passed by the Board of Commissioners, October 20, 1942 Recorded by Rudy Stewart, City Clerk, October 21, 1942