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HomeMy WebLinkAboutOrdinances Book 11, Page 51, No Ordinance Number51 AN ORDINANCE APPROVING AND RATIFYING THE ACTION OF THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY, . ON MARCH 25, 1947, IN AUTHORIZING TSE EXECUTION OF A CONTRACT FOR THE SALE OF SURPLUS WATER TO THE LONE OAK WATER DISTRICT, AND APPROVING AND RATIFYING THE CONTRACT EXECUTED ON MARCH 31, 1947, PURSUANT TO SAID ACTION WHEREAS at the regular meeting of the Board of Commissioners of the City of Paducah held on March 25, 1947, a motion was duly made and passed in words as follows: The Commissioners of Water Works of the City of Paducah having appeared before this Board and Recom- mended the execution of a contract with the Lone Oak Water District for the sale of surplus water at the city's twenty-four inch main near the intersection of the Paducah Lone Oak Road and the driveway leading from said road to the reservior at a water rate equal to the regular metered rates charged by the City to con- sumers within the city plus an additional twenty per cent; and it further appear -ng from the contract that the sale of such surplus water will not interfere with the furnishing of water with adequate pressure to citizens and residents of the City of Paducah, I move that the Mayor be authorized to execute said contract for tre city, his signature to be attested by the City Clerk." "It is understood that the City of Paducah shall not be obligated to maintain any pipe line of said Lone Oak Water District or to purchase same or any part thereof in the event said territory shall be incorporated into the City of Paducah." and WHEREAS pursuant thereto, on March 31, 1947, the Honorable Wayne C. Seaton, Mayor of the City of Paducah, Kentucky and Sarah Thurman, City Clerk of said City, executed in behalf of said City a contract with the Lone Oak Water District, which con- trac t: 1. Recited 4in full the resolutions adopted by the Commissioners of Water Works of the City of Paducah and the Commissioners of the Lone Oak Water District relating to said II matter. 2. Provided that the City of Paducah will furnish sur- plus water to said Water District from its 24 inch main at or near the intersection of the Paducah -Lone Oak Road and the drive- way leading from said road to its reservior, located near the corporate limits of the City and near the Paducah-Lovelaceville Road, at a water rate or charge to be paid by the 'Water District equal to the regular metered rates charged by the City in the operation of its municipally owned water works to consumwrs with- in the City plus an additional twenty per cent of said regular metered rates, provided that, regardless of the quantity used the rates charged to the Water District shall, in no event, be lessthan the average metered rate for one million gallons plus twenty per cent. E•?a t t 1 k i 3. Provided for the registering of all water sold by one master meter to be furnished and installed at the expense Of the Water District according to specifications of the Com- missioners of Water Works of the City, and specified the rights of the parties with respect to the inspection, reading and re- pair of said meter. 4. Provided that all water delivered under said agree- ment shall be taken from the same source of supply and shall be of like potability and degree of purity as that furnished to consumers within the corporate limits of the City. 5. Provided that in the event the furnishing and sale of surplus water to the Plater District shall in the Judgment of the City or Commissioners of Water Works at any time interfere with adequate pressure or safe or sufficient service to citizens and residents of the City of Paducah inside the corporate limits of said City, then, and in such event, the furnishing and sale Of water may be discontinued or suspended for a definite or in- definite time, but such discontinuance or suspension shall not be made effective until one hundred twenty days after notice of in- tent to discontinue or suspend has been given by the City to the Water District. 6. Reserved to the City the right to continue to furnish water ti uts oresent consumers in the Vater District and to applicants in the contiguous territory adjacent to the main lead- ing to the reservior, above referred to, in accordnace with the pertinept provision in the deed from James P. Smith, Executor, et al. conveying the property on which said reservoir is located, but provided that the City will not undertake to supply any new consumers in said Water District except as may be required by tl:e terms of said deed, and provided that said contract shall not be construed as a prohibition on the right of the Water District to furnish water service through its own facilities to property vithin said Water District which may now be served by the facili- ties of the City. 7. Provided that in the event there shall be an increase it reduction in the basic rate charged t6 consumers within the ity the rate charged to the 'Plater District shall be proportionately ncreased or decreased. 8. Provided that the Water District shall not at any ime sell water to any consumers at rates cheaper or lower than nose paid by like consumers to the City within the corporate lmits of said Coty, and that the Water District shall not iowingly sell water for the purpose of resale. 53 9. Provided that the City shall at all reasonable times have the right to inspect and examine the plans and speci- fications and the water system of the Plater District, and that no connection shall be made between any pipe of the Water District and any well or existing source of water supplu, and that there shall be no "crass connections" of any kind which might in any way contaminate the water supply of the City. 10. Provided that said contract imposes no obligation upon the City to purchase the pipe lines or any part of the water system of the Prater District in the event the territory included in said Water District, or any part thereof, shall here- after be included in the corporate limits of the City. 11. Provided that the City shall not be obligated to maintain pressure or water service in the pipes of the Water District or at the roint where water is taken from the reservoir or water mains of the City and that the City shall not be liable for failure to furnish water on account of breakdowns, strikes or other causes beyond its control. 12. Provided that the Fater District shall indemnify and hold harmless the City and the Commissioners of 5;ater Works of the City on account of any and all expenses, loss, damages, or claims for damages incident to the construction, installation, maintenance and operation of its water system in said Water District. l 13. Provided that charges for water furnished under I contract shall be payable monthly and within ten days after it he dates of bills rendered to the Water District by the City, 11 in accordance with such rules as may from time to time be dopted by the Commissioners of Water ':'Works of the City governing the payment of charges by consumers within the corporate limits �)f the City. II 14. Set forth certain specifications regarding the Ilconnection of the main of the Water District with the main of the City and regarding the installation of a check valve on the main lof the rater District. 15. Provided that after July 1, 1982, either party flay terminate said contract one year after the date of service of written notice of such termination to the parties. 16. Provided that a copy of the plans and specifications of the Water District, as arproved by the State Board of Health, Ii hall be furnished to the Commissioners of Water Works of the City. and WHEREAS, said contract has been executed by the proper icials of the Line Oak Water District pursuant to a resolution 54 adopted by the Board of Commissioners of said Plater District, all of which has been properly certi ied to the City of Paducah, NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COPRGISSIONE OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the action taken by the said Board of Commissioners of the City of Paducah, Kentucky, on March 25, 1947, approving said contract and authorizing its execution by the Mayor and City Clerk of the City of Paducah be and is hereby approved and ratified SEC TION 2. That the execution of said contract by the Honorable Wayne C. Seaton, Mayor, and Sarah Thurman, City Clerk of the City of Paducah, be and is hereby approved and ratified, and said (contract is hereby declared to have been in full force and effect from the date of its execution. SECTION 3. This ordinance shall be in full force and effect from and after its adoption. i ��ayor Passed by the Board of Commissioners April 1, 1947 Recorded by Sarah Thurman, City Clerk, April 1, 1947.