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HomeMy WebLinkAboutOrdinances Book 12, Page 1118, No Ordinance NumberAP ORDINANCE AN -ENDING SECTION 1 OF AN ORDINANCE ENTITLED: "API ORDINANCE AUTHORIZING THE EXECUTION OF A CONTRACT BETWEEN THE CITY OF PADUCAH, BOARD OF PARK COI-uyIISSIOPIERS (COLORED) AND THE PADUCAH WATER WORKS REGARDING THE LAYIPIG OF A WATER !,!AIN EXTEISIOI FROM THE PRESENT WATER i iAIId ON HINKLEVILLE ROAD TO PROVIDE MATER FOR STUART NELSON PARK, AND PRESCRIBING THE TER:,.S AND CONDITIONS THEREOF", CIHICH WAS ADOPTED BY THE BOARD OF COi=%IISSIONERS 01•1 MARCH 10, 1953 BE IT ORDAINED BY THE BOARD OF C0131ISSIONERS OF THE CITY OF PADUCAIi, KENTUCKY: SECTION 1. That Section 1 of an ordinance containing the title quoted above, which was adopted on march 10, 1953, be, and the same is hereby amended and reordained so that said section as amended and reordained shall read as follows: 11SECTIO11 1. That the City of Paducah, by and through its %iayor, Robert C. Charry, enter into a contract or agreement with the Paducah Water Works and the Board of Park Commissioners (colored) to provide for the extension of a water main from a point on the Hinkle- ville Road, opposite the entrance road to Stuart Nelson Park, and to extend to and into said Park to provide water thereto, said agreement to be in words and figures as follows: *Paducah Water Works, municipally owned, by, and through its Commissioners of Water Works, (hereinafter called ?Water Works?), party of the first part and the City of Paducah, Kentucky, hereinafter called ?City? and Colored Park Board of Paducah, hereinafter called the ?Board?, parties of the second part, all of Paducah, McCracken County, Kentucky. , I T N E S S E T H: ?That Whereas, pursuant to an agreement dated December 5, 1951, between Water ?'forks and 114. H. Conrad and Ralph B. Hamilton, partners doing business as 1.1. H. Conrad Building Company, hereinafter called ?Conrad? has constructed a 6 inch water main along the Hinkle- ville Road, and by said agreement, water Works agreed that Conrad should reserve, for a period of five years from the date of said contract, 460 taps to furnish *,rater service to family dwellings and commercial establishments in its subdivision located in McCracken County; ?And, whereas the City is the owner of a tract of land com- prising Stuart Nelson Park, a public park operated by the Board, and the City and the Board desire to supply water to said Park. ? In consideration of the covenants herein contained, the Board is hereby authorized to connect to said. 6 inch main constructed by Conrad at the intersection thereof with i?elson Park Road, and to lay a 6 inch cast iron water main northwardly along Felson Park Road from said Conrad main to 'the entrance of said Park, a distance of 1119 approximately 1915 feet; thence continuin„ in a northerly direction and along a roadway in said Park, a distance of approximately 8&5 feet, all in LcCracken County, Kentucky. ?It is further mutually agreed by the parties hereto that: Tl. The Board shall lay the water main to supply water to the Park referred to herein at its own costs and expense, that is to say the ?later :forks shall not be nor become liable for any cost or expense of making said connection, laying said main, extensions or service lines. T2. Said mater main and all grater lines connected thereto shall be laid according to plans approved by the Water "forks and shall be laid under the supervision and installed Pursuant to the rules and regulations of the Water ?'forks. T3. The water main laid by the Board pursuant to this contract shall be and become the property of the [tater "'forks as soon as the sante is installed and accepted by the Water ?forks and shall be freed of all liens, if any, at the expense of the Hoard. At the com- pletion of said water main, the Board will furnish to the "'later Works a verified statement shot^ring the cost thereof. 14. Provided that if the ,'later "forks shall determine that the interest of Conrad in said crater supply will not be adversly affected persons residing outside the city limits of Paducah tray be permitted to connect to the main as contemplated herein, and the City may charge such} customers as follows: (a) For each tap not larger than 1 inch, the sum of 13200. (b) For each connection larger than 1 inch the sum of {300. Such charges may be made until the City of Paducah has been paid a stun equal to the actual costs of the main; provided, however, that such charges shall not be made by the City after 5 years from the approval of this contract by City, nor in the event that the area occupied by the main shall have been annexed by the City of Paducah. In no event shall the City recover more than the actual cost of the main. T5. The payment of the _gees provided for herein shall be made to the Plater "forks in Paducah, Kentucky, and during the 5 year period mentioned in Paragraph 4, the City is entitled to be paid or credited for all connections to said main and the Plater Works'will permit no other consumers residing outside the city limits of the City of Paducah to make use of said water main without payment of said sum for the use and benefit of the Board. Fees collected by the Water Works shall be payable into the CityTs general fund on or about January 1, and July 1 of each year during said 5 year period. the Water Works shall be the sole authority regulating and controlling• connections to said main. 1120 t6. All mater furnished to the Board or to anyone receiving water through the main outside the city limits of the City of Paducah, is surplus water and neither the City of Paducah nor the Water Works guarantee supply or pressure and neither shall be liable at any time for any lack of pressure or failure of service, and should the supplying of water to the Board or to others receiving water from the main at any time, in the judgment of the Commissioners of :Nater Works, interfere with proper and adequate water supply to consumers residing within the corporate limits of the City o f Paducah, then, the supplying oi'via-ter through the main may be discontinued. The Commissioners of Mater Works; shall be the sole judges of the question as to whether the sale of water through the main is interfering with proper and adequate service to consumers within the city limits. 47. All water sold by the ''later Works through the main shall be at rates now or hereafter established by the Dater Works and subject to all rules and regulations now or hereafter adopted by the Water Works. 48. The Board hereby agrees and undertakes to indemnify and same harmless the Plater Works from any and all liability arising from the construction of the main or connections thereto laid by the Boartd prior to acceptance by the Plater i9orks. 0,9. From and after the completion of the main and its acceptance by the Water Works, the Board shall be under no duty or obligation to maintain same. 410. In the event that the Board shall make connections to said main larger than 1 inch, the Mater Works hereby reserves the right and authority to regulate the hours during which water may be supplied through such larger connections. tll. Nothing herein shall authorize the Board to obligate itself over and above its present operating revenues, nor does this contract obligate the City to expend or furnish any funds for the construction of said extension, however the City having heretofore appropriated funds to the Board, part of which were for the purpose of constructing said main, the money to be received from water taps off of this main is to be received by the City rather than the Board as herein provided. t12. This agreement shall be in full force and effect from and after its execution by the Parties hereto. ?Ili TESTIMOITY WHEREOF, the parties hereto have set their hands this the day of , 1953• 1121 ATTEST: PADUCAII MATER 111ORKS By Treasurer COLORED PARK BOARD BY CITY OF PADUCAH City Clerk By mayor" SECTION 2. All ordinances and parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. SECTI_ OTI 3.— This ordinance shall be ih full Force and effect from and after its adoption. r•iayor Passed by the Board of Commissioners !-larch 24, 1953 Recorded by Sarah Thurman, City Clerk, I>Iarch 24, 1953.