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HomeMy WebLinkAboutOrdinances Book 12, Page 292, No Ordinance Number29� AN ORDINANCE ACCEPTING THE OFFER OF THE UNITED STATES OF AMERICA, ACTING BY AND THROUGH THE HOUSING AND HOME FINANCE ADMINISTRATOR, TO MAKE TO THE CITY OF PADUCAH, AN ADVANCEMENT IN THE SUM OF $36,620 TO AID IN THE FINANCING AND COST OF THE PREPARATION OF PLANS FOR THE CONSTRUCTION OF AN ADDITION TO THE EXISTING CITY OWNED HOSPITAL, KNOWN AS THE RIVERSIDE HOSPITAL; AUTHORIZING STUART JOHNSTON, THE MAYOR, TO ACCECT SAID AGREEMENT FOR AND ON BEHALF OF THE CITY OF PADUCAH, KENTUCKY, AND EXECUTE A VOUCHER FOR THE IZ'lMEDIATE PAYMENT OF x9,155 OF THE SUM TO BE ADVANCEL PRESCRIBING THE TERMS AND CONDITIONS TO BE CONTAINED IN SUCH AGREEMENT. WHEREAS, under date of July 25, 1950 the Board of Commissioners adopted a resolution authorizing the filing of an application with the General Services Administration of the United States for an advance in the sum of $36,624 for the preparation of plans to construct an addition to the City of Paducah Municipal Hospital, known as the Riverside Hospital; and WHEREAS, said application was submitted and by its terms the City of Paducah upon recommendation of the City of Paducah Municipgl Hospital Commission, has proposed to issue revenue bonds in the sum of approximately y280,000 for refinanc- ing presently outstanding bonds in the sum of about .x,,60,000, and providing additional revenue in the sum of $220,000 to finance a portion of the total estimated cost of said addition amounting to approximately $$24,040; and WHEREAS, the United States of America, acting by and through the Housing and Home Finance Administrator has approved an advancement of $',36,620 to aid in financing the cost of preparing plans for the construction of said addition, the approval of said advancement being conditioned upon the agreement of the City of Paducah, and certain terms, conditions and restrictions with respect to the use of said .funds; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF C01,�9ISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah, Kentucky, accept the offer of the United States of America, acting by and through the Housing and Home Finance Admin- istrator, to advance to it the sum of not exceeding "36,620 to aid in financing the cost of completing the plan preparation for construction of an addition to the City of Paducah Municipal Hospital, known as the Riverside Hospital, and Stuart Johnston, the Mayor of said city, whose signature shall be attested by Sarah Thurman, the City Clerk, is here by authorized and empowered for and on behalf of the City of Paducah, hereinafter referred to as the "applicant", an agreement wi h the United States of America, acting by and through the Housing and Home Finance Administrator, hereinafter referred to as the "Government", said agreement providing that the applicant shall complete the plan preparations referred to therein within 365 days from the receipt of the initial advance, and that it will repay when requi ed to do so under the provisions of Public Law 352, 81st Congress, approved October 13, 1949, and when required to doso under the following terms and conditions:" 293 Second Advance Planning Program Terms and Conditions December 15, 1950 "1. No advance, or any portion thereof, shall be utilized by any Applicant to defray the cost of any part• of the plan pre- paration which, prior to the date borne by the offer (the acceptance of which creates the Agreement for Public Works Plan Preparation) to which these Terms and Conditions relate, has been completed or has been included in any contract in khich the applicant has agreed to finance such plan prepar- ation with any specific funds other than those to be supplied by the Government. 2. The Applicant's expenditure of the advanceshall be limited to the plan preparation for which the advance has been made, and the Applicant shall cause the plan prepar- ation to be such as will permit of the construction of the work contemplated thereby at a cost which is within its ability to finance and which bears a reasonable relation to the estimate of cost therefor contained in its Application for Advance for Plan Preparation for Non -Federal Public Works. 3. In the event an Applicant utilizes its own employees to accomplish the plan preparation only those costs incurred by the Applicant for the plan preparation which would not have been incurred except for the undertaking of the plan pepar- ation shall be paid from the Governmentts advance. 4. The Applicant shall keep accurate and complete records and accounts of all costs incurred by it in connection with the plan preparation undertaken pursuant to the said Agree- ment and these records and accounts shall be readily available for examination by the authorized representatives of the Govern- ment during the Applicantts regular office hours. A copy of these records and accounts, or any portion thereof, shall be: furnished the Government's authorized representatives upon request. 5. The Applicant may requisition a payment of 25% of the advance provided for in the said Agreement upon the submission to the Government of a copy of its architectural and/or engineering contract together with a copy of its letter to the architect and/or engineer containing instructions to proceed with the aforesaid plan preparation, or, if the plan preparation is to be performed by the Applicant's forces, the requisition shall be accomplished by a statement as to when the plan pre- paration will be started. Upon receipt of such requisitio n and supporting data, in satisfactory form, the initial advance payment will be made. The remaining payment of the advance may be requisitioned when the plan preparation is completed, final costs are determined and presented to the Government together with evidence of the Applicant's approval thereof, including specifically the then estimated cost of constructing the public work contemplated by the plan preparation, and any other approvals required by Federal, State or local law. Upon receipt of such data, in satisfactory form, andif the Government is satisfied that the Applicant has complied with all its obligations under the said Agreement the balance of the advance not exceeding actual plan preparation cost will he paid. 6. The Applicant shall promptly refund to the Government any portion of the Government's advance which is in excess of the cost of the Applicant of the plan preparation. 7. If the Applicant shall cause or -permit the plan preparation to be abandoned prior to its comple tion without the Government's consent, the Government shall be relieved of all of its obli- gations under the Agreement and'the Applicant shall promptly re- fund to the Government any portion of the advance that has been paid by the Government. However, if such abandonment is formally consented to or concurred in by the Government, on the basis that it is to the Government's interest to abandon the plan preparation, the Government's obligation with respect to payment of an advance shall remain in effect but shall be limited to the amount of the Applicant's liability for the cost of the plan preparation at the time of the abandonment, as determined by the Government. S. The Government may elect to terminate all or any of its obligations under the said Agreement and to recover any and all funds advanced to the Applicant under such Agreement: �!s 294 (a) If any representative of the Applicant in its application or in any supplement thereto or amendment thereof, or in any documents submitted to the Government by the Applicant in connection with such application, shall be incorrect or in- complete in any material respect; (b) If the Applicant shall fail to commence or complete promptly the plan preparation within the time pro- vided therefor in the Agreement or within the limits of any extension of time as may be approved by the: Government, or if the Applicant shall fail other- wise in the performance or fulfillment of any of its obligations to be performed or fulfilled under the Agreement; (c) If the Applicant shall fail to submit or cause to be submitted to the Government any reports, data, plans, drawings, specifications, contracts, estimates, approvals, or other documents pertaining to the plan peeparation contemplated by the Agreement, that may be requested by the Government; (d) If any official of the Applicant shall become directly or indirectly interested personally in any contract or subcontract in connection with the aforesaid plan preparation. 9. In the event the Applicant has employed or shall employ any person, firm, or corporation, excepting bona fide employees and persons, firms, or corporations employed under a bona fide contract to render professional or technical services only, to solicit or secure the advance covered by the Agreement to which these Terms and Conditions relate, or any other contract right under this Agreement, upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, the Government shall have the right to annul said Agreement without liability or in its discretion to deduct from the advance otherwise payable under the Agreement the full amount of such commission, percentage, brokerage, or contingent fee. 10. The advance shall be repaid in its entirety without interest when the construction of the public works planned with the aid of the Government's advance is undertaken or started: Provided, however, if the advance is made to finance the plan prepar- ation of two or more public works which are specifically described in the said Agreement as separate units, the advance shall be repayable only with respect to each such separate unit wen construction of such separate unit is undertaken or started and only in the proportion which the estimated cost of the separate unit placed under construction bears to the estimated cost of all the public woaks described in the Agreement, which proportion shall be determined by the Government. The construction shall be considered as undertaken or started when the first construction contract is awarded or the Applicant begins construction with its own forces. 11. In the event the Applicant should, for any reason, fail to repay promptly the advance or any portion thereof in accordance with its obligation to do so, whether such obligation shall arise by operation of law or urder the said Agreement, such unpaid sum shall bear interest at the rate of six (6%) per centum per annum from the date of the Government's demand to the Applicant for the repayment to the date of payment thereof by the Applicant. 12. The Government shall not be obligated or liable under the Agreement to any party other than the Applicant. 13. No member of or delegate to the Congress of the United States of America shall be admitted to any share or part of the Government's advance or in any benefit arising therefrorp. 14. The said Agreement is made subject to the following special conditions: None." SECTION 2. That Stuart Johnston, the Mayor of the City of Paducah be further authorized and empowered in its behalf to execute and submit to the Housing and Home Finance Agency a Public Voucher for Purchase 295 and Service Other Than Personal for immediate payment of '9,155 to the City of Paducah, for said plan preparation in accordance with Public Law 352, 81st Congress, approved October 13, 1919, said payment being 25% of the advancement as provided for in said agreement. SECTION 3. This ordinance shall be introduced at a regular meeting of the Board of Commissioners and remain on file one week for public inspection in the completed form in which it shall be put upon its final passage. Because of the great increase in the population of the City of Paducah following the announcement of the construction of an atomic bomb plant on the site of the Kentucky Ordnance Works near said city, the present facilities are not sufficient to provide adequate hospitali- zation. The public health and safety requires that such facilities bw immediately furnished, an emergency is hereby declared, and this ordi- nance shall be in full force and effect from and after its adoption. Mayo Introduced by the Board of Commissioners February 20, 1951 Passed by the Board of Commissioners February 27, 1951 Recorded by Sarah Thurman, City Clerk, February 27, 1951