Loading...
HomeMy WebLinkAboutOrdinances Book 11, Page 677, No Ordinance NumberAN ORDINANCE AMENDING SECTION 1 OF AN ORDINANCE ENTITLED: "AN ORDINANCE APPOINTING A BOARD OF TRUSTEES FOR THE OPERATION IOF A MUNICIPAL COLLEGE IN THE CITY OF PADUCAH, KENTUCKY", WHICH I iWAS ADOPTED BY THE BOARD OF COMMISSIONERS ON NOVE14BER 6, 1939 WHEREAS,a vacancy in the membership of the Board of Trustees of the Paducah Junior College has been created by the death of Govriel L. Rosenthal, and it is necessary to fill said (vacancy; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF C0181ISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: IiSEC TION 1. That Section 1 of an ordinance containing the title quoted !above be and the same is hereby repealed, amended and reordained i Iso that said section as amended and reordained shall read as follows: "SECTION 1. That Sam Finkel be appointed a member of the Boa Of Trustees of the Paducah Junior College to fill the vacancy created by the death of Govriel L. Rosenthal so that said Board of Trustees as, now constituted shall be composed of B. G. Kruger, John G. Russell, Brady M. Stewart, -T. S. Waller, W. A. Conway, Luther Carson, Morton Hand,' -Schultz Riggs and'Sam Finkel. Said Board of Trustees shall control the municipal college in the City of Paducah which has been established pursuant to the pro- visions of KRS 165.160 to 165.200 and are to have all of the powers given to them pursuant to the provisions of said statutes. SECTION 2. This ordinance shall be in full force and effect from and of ter its adoption. Ma o r o Tem Commiss oner Passed by the Board of Commissioners April 5, 1949 Recorded by Sarah Thurman, City Clerk, April 5, 1949. 677 678 AN ORDINANCE AUTHORIZING THE EXECUTION OF A SUPPLEMENTAL AND AMENDATORY AGREEMENT FOR TIIE LEASING BY THE CITY OF PADUCAH IN CONJUNCTION WITH THE COUNTY OF MCCRACKEN, STATE OF KENTUCKY, I 0 OF THE PADUCAH- McCRACKEN COUNTY AIRPORT PROPERTY TO THE PADUCAH AIRPORT CORPORATION, AND PRESCRIBING THE TERMS, CONDITIONS AND AGREEMENTS TO BE CONTAINED IN SAID SUPPLEMENTAL AND A14ENDATORY AGREEMENT WHEREAS, pursuant to an ordinance adopted by the Board of Commissioners on October 17, 1944, as said ordinance appears of record in Ordinance Book No. 10, page 1062 of the official records of the City of Paducah, Kentucky, the City of Paducah, in con- junction with the County of McCracken, State of Kentucky, leased the Paducah -McCracken County Airport property to the Paducah Airport Corporation, subject to the terms and conditions set forth in said ordinance; and WHEREAS, it is necessary to amend the provisions of the aforesaid lease in order to obtain a grant of funds under the Federal Airport Act (60 Stat. 170, Public Law 377, 79th Congress) for the construction of a lighting system at said airport which is now known as "Barkley Airport". NUI THEREFORE, BE IT ORDAINED BY THE BOARD OF COIF".ISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That Stuart Johnston, the Mayor Pro Tem, be authorized to execute, for and on behalf of the City of Paducah, a Supplemental and Amendatory Agreement to the aforesaid lease, which Supplemental and Amendatory Agreement shall contain the following terms, conditions and covenants: "WHEREAS, the City of Paducah, Kentucky, and the County of McCracken, Kentucky, as lessors, leased to the Paducah Airport Corporation of Paducah, Kentucky, as lessee, by contract of lease entered into on the 9th day of November, 1944, for a period of ten years from the date thereof, the airport premises known as Barkley Airport, which lease contract is still in full force and effect; and "WHEREAS, said lessors, as Sponsors of a project for the development of said Barkley Airport, under the Federal Airport Act (60 Stat. 170, Public Law 377, 79th Congress), has submitted to the Administrator of Civil Seronautics a Project Application dated the 28th day of December, 1948, and said Administrator, in reliance upon the representations and covenants contained in such Project Application, has tendered to the Sponsors a grant offer, a copy of which grant offer and Project Application are attached hereto and made a part hereof; and "WHEREAS, it is the intent of the parties to said lease between the City of Paducah, Kentucky, and the County of McCracken, Kentucky, and the Paducah Airport Corporation, that the provisions of said lease shall be amended to conform to said representations and covenants of the Sponsors and to be subject and subordinate to the provisions of said Project application; "NOW, THEREFORE, for and in consideration of the mutual benefits that will accrue to the parties hereto from the accomplishment of said project for the development of Barkley Airport, it is hereby agreed by and between the parties hereto as follows: 679 contractlto the Wcontrary, nthe nrights iand ninterests of said lofsthe lessee in and to the leased premises shall be subordinate to the obligations of the lessors under the Project Application executed by the lessors on the 28th day of December, 1948,.and the grant offer tendered the lessors by the Administrator of Civil Aeronautics. "(2) Notwithstanding any provision of said lease to !acting contrary, Barkley Airport may be developed by the lessors, (acting jointly, or by their duly authorized agent, by the prosecution and accomplishment of the said project and, as developed, shall be operated and maintained by the lessee as a public airport in accordance with the provisions of the said Project Application and grant offer; and, in the event of failure by the lessee to so operate and maintain the airport, the Lessors, acting jointly, shall have the right to enter upon the leased iPremises and exercise such control thereof as will effect compliance'with such provisions of said Project Application and grant offer, or, at the option of the ( lessors acting jointly, they shall have the additional right to terminate the lease contract forthwith without further liability thereunder to any Of the parties thereto, to the same extent as if such right had been reserved to the lessors in the said original lease contract. "(3) It is understood and agreed that this agreement ,shall not be construed as making the lessee a party to such grant offer or liable for any portion of the project costs not ito be paid with United States' funds. 11(4) In the event of any conflict between any provision of the said lease and any provision of said Project Application or grant offer, the provisions of the Project Application or grant offer, as the case may be, shall control." SECTION 2. This ordinance shall be in full force and effect from and after its adoption. Mayor Tem Commissioner Passed by the Board of Commissioners April 5, 1949 Recorded by Sarah Thurman, City Clerk, April 5, 1949.