HomeMy WebLinkAboutOrdinances Book 11, Page 818, No Ordinance NumberCIO
A'! ORDINANCE FROVIDT'" FOR TTrIE. I33UA1JCE C ,,� 7 _'T TO T1
HE '..Iz
COAL COMPAYf 71 NKE A'T EXCAVATICY IN '717'7 T SIDE Ole
1ECOND 5TREY7 TZ,: 7'!`. 'I:;`.'E' A:,D 9 C.I0 :37-2= FOR T-,:,: PUTZ:'0,-,Z, C_'
i—OVIDING 3LTITA7;1,:: THE :7 OCOAL FRO1,1- RAILROAD CAR'
_77-ITC A CO.VEYOR, AID TO 1`.XT3`!D OVER AUD ACROS3 01110 STRI EET FEET; milt
SECOND SERE= A;D TIE IVER A qONIVEYOR eCR VE TRAINISPORTATIO'! (F
NAL 3;AID COMPAITY15 -ZIN3; AU1FHORIZIN7 TH"Z T:AYOR FRO !,::D --':E
'17f CLERK TO EXECUTE 1'0'1 THE CITY Ali AGREE",,=
'R:." ' mSi
An. PRESCRIBING THE TERD'S AIM CGIDIT-110113 TOL C :7
7.7 ,.ID
.4 G R EE 1,E Nr
BE IT ORDAINED BY THE BOARD OF CO't,,T',1I3,3IO1TZRS OF THE CITY OF
PADUCAH, KEITTIUCKY:
SECTION 1.
That the City of Paducah Grant to the West Kentucky Coal Company
right and privilege to ma!:e an excavation in the east side of
South Second street bet-.,ieen -ennessee and Ohio strests for the purpo e
Df providing a suitatle means for anablin_r, said coma-any to unload
oal fron railroad cars onto its cDnve,--o-,, and also the rli-ht and
,ivileze to extent: its conveyor over and across Ohio street between
Second street and the river for the purcosc of transporting coal
into its bins an the say::c is unloaded from railroad cars onto its
nveyor, and the :.:a.,,or .ro ^er and the City Clerk are hereby author zed
and empowered, for and on behalf of the City of Paducah, to execute
n agreement -rantin- said permits, said agreement to be in words
>fid figures as follo%,is, to-wit:
"That the City (meaning, the City of Paducah) does hereby grant
into the Company (meanln,_ the "!est-.:entucky Coal Company) subject to
11 of the conditions hereinafter provided, the right and privilege
to make an excavation in the east side of Second street between Tenn(ssee
nd Ohio streets as a place for locatinr, its conveyor while coal is
)ain.- unloaded from railroad cars onto its conveyor, and also the right
ind. privile.re to ex.ten,_ its conveyor over and across Ohio street
�atwcen second street and the River for use as a means of conveyin',
.oal to its bins.
as an inducement to the City to -rant said permits, the Company
oes hereby aFree:
(1) 9.i-,at the -aforesaid excavation in the east side of Second 3
Tennessee and Ohio streets, '.-jhich is to extend from . the east
ide of the railroad trace in the center of said street, shall not b(
.reatca, than 18 inches in depth, 3 feet in width and shall run from he
_^.3t side of said track In the direction of the river apppoxinately '6
cet. The Company may at any time station its convoyor in said ex-
a v.qI
tion -while unloading, coal from railroad cars, but when c al
819
7Is not being unloaded and said e•ccavation is not used for that purpose,
he Company sha,11 provide a suitable cover of such material as may
e necessary to support the weight of vehicles passing along and over
aid street, and when coal is not being unloaded from a railroad car
he Company shall at all times have th= reoponsibility of keeping
aid excavation covered and shall maintain said coverin`= on the same
evel as the street so that it majz be used in safet,,- by the traveling
ublic.
(2) That the overhead conveyor across Ohio street between Seco na
treet and the river shall be so constructed as to provide a minimum
learance in height on the north side of Ohio street of 21 feet and
:hall have a height of approximately 40 feet on the south side of
hio street.
(5) The rihts and privileges for the use of Second street in
he manner provided herein are permissive only and the Company agrees
hat said permit may be revoked by the City at any time. It is
nderstood that the same may be revoked upon ti:•ritton notice given the
ompany of the action ta:;en by the City to terminate the permissive
'se of said streets, and if such notice is ;-iven the Company agrees t
Yes9D re said street to its former condition within n period of 90
Gays after the receipt of such notice.
(4) The Company further ags•ees to execute and deliver to the
ity a bond in the sum of ;1000.00 with dorporate surety arprcved
;r the Loard of Commissioners, said bond to provide that the Company
hall restore said street to its former condition within a period of
0 days after t"e receipt of the aforesaid notice, and in the event
aid Company should fail or refuse to perform the work.ndcessary to
estore said street to its former condition, then the City shall have
he richt, at any time thereafter, to take the necessary steps and
urnish all necessary material and labor to restore the same in a
;anner,sat:isfactory
to the street superintendent and charge the cost
.f
same to the principal, the amount thereof to ;`e determined by the
treat superintendent, -0 said Company, together with its surety,
hall nay, upon demand thareof, to said Cit;; a sum eolial to the amoun
f cost incurred by said City, and as aetermined bj the street superl.-
ardent, in restorin;, said street, and if the payment thereof is
_,:fused
then said amount shall bee :aa a liquidated damage claim
�,-sinat
said principal and surety jointly and severally upon which
n action may be instituted in any court of competent jurisdiction
or the recovery thereof.
(5) The Company shall file with the ,.oard of COMMi—ioners of
lity
Te
of Paducah and shall at all times hereafter continue to keep in
force a liability policy or policies conditioned for the bencf:it of
persons Bufferin;=, injury, loss or damaCe to their person or propert,
resulting from the use and maintenance of the aforesaid excavation`
as a place for unloa;lin.- coal into the 'Company's conveyors or resul
from the extension of the aforesaid conveyor across Ohio street, or
;inE
resulting; from any negli„ence in connection with the use of said
streets for the purposes provided herein by said company, its agent ,
servants or employees, or by the City of Paducah, its officers, age is
or employees, and :which policy or policies shall provide specific
protection of the City of Paducah against any liability which may b
imposed by law upon it b;; reason of the existence of said c:--cavatioi a
and the extension of the aforesaid conveyor across Ohio street, or heir
use and maintenance by the Company, its agents, servants and employes.
Said liability policy or policies s%a 11 be in a sum of not less t"a
.,25,000.00 for the injury or death of any one person and not less t
5G,000.00 for the injury or death of all persons affected by any o
accident and not less than ,L10,000.00 for tte benefit of persons wh
may sustain property damage in any one accident resulting from the
negligent use and maintenance of said excavation or from the extens
of said conveyor across Ohio street. Said policy or policies of
insurance shall, as to form thereof and the solvency of the insuran
companies, be subject to the approval of the City Treasurer."
SECTION 2.
This o'^dinance shall be in full force and effect from and after
its adoption.
i;:ayor o ^em --
���
orNus�8n.,(a.,.
Passed by the 5oard of Commissioners, September 13, 1949
Recorded by Sarah Thurman, City Clerk, deptembe.r 13, 1949.
n
ion
3e