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HomeMy WebLinkAboutOrdinances Book 12, Page 30, No Ordinance Number30 AN ORDINAr;CE PROVIDING FOR TII'i EXECUTION O:' A?T AGR :E 4ENT LEASING UNTO TIE UNITED STATES OF AI.1ERICA THE PADUCAH-MCCRACKEIN COUNTY AIRPORT, K^IO'+iN AS THE "BARKLEY FIELD" FOR TRA 13TENT USE BY MILITARY A!:RCRAFT AS A LAYMING ATEA, AUTHORIZING THE EXECUTION OF SAID LEASE BY THE I+iP_YOR AND CITY CLERK; A?`D PRESCRI;,ING THE TERi;iS AiID CONDITIONS TO BE CONTAINED THEREIN BE IT O..DAINED BY THE BOARD OF COI.ii.'MMONiRS OF THE CITY OF PADUCAIi, KENIUCKY: SECTION 1. That the City of Paducah, Kentucky, join with the County of i+IcCracken, State of Kentucky, in the execution of an agreement `rantin;• unto the United States of America the right and privilege to use the Paducah-IcCracken County Airport, known as the "Barkley Field", for transient use by military aircraft in common with others, and that Stuart Johnston, the Mayor, and Sarah Thurman, the City Clerk, are hereby authorized and empowered, for and on behalf of the City of Paducah, to enter into and execute said agreement which shall be in .words and figures as follows, to -wit: 111. NMI, HEREFORE, in consideration of the sum of N1.00, the receipt and sufficiency of which is hereby acknowledged by the contractor (meaning the City of Paducah and the County of ;cCracken), and of the mutual covenants, promises and agree- ments herein contained, the contractor hereby 3rants a permit to the government for transient use by military aircraft of the landing area of said airport in common with others to the extent possible without requiring limitations of non-military operations. 2. This permit shall be effective from the date hereof, and shall remain in force until 30 June 1955. 3. The government shall not assign this permit in any event, and shall not sublet the privilege herein granted. 4. The government shall observe and comply with all rules and regulations promulgated and uniformly enforced from time to time during the term hereof by the appropriate Federal, State and County authorities, or by the contractor to insure the safe, orderly and convenient conduct of aeronautical operations to, from and upon said Airport. 5. The contractor shall maintain the said Airport in good repair and servicable condition during the continuance of this permit, except in case of damage arising from the negli-ence of the Covernmentfs agents or eriployees, and damage caused by military aircraft, the government to repair or compensate the lessor for any such damazes. 6. In the event the government shall fail to repair as agroed in paragraph 5, a claim for the cost of such repair may be presented by the contractor under provisions of Public Law 112, 79th Congress, 3 July 1943 or any other act or regu- lation under ,,hick a.apropriate funds shall at such time be available. it is underst-od, however, that any provision of this permit which oblirateo the government to the expenditure of funds shall be subject to an appropriation beinZ available for its fulfillment. 7. The government may terminate this permit at any time by Ziving thirty (30) days noi;ice in writing to the contractor. 8. Any notice under the terms of this permit shall be in writin-, oi„nod by a duly authorized representative of the party Civin_; such notice, and if riven by the C.overn Tent shall be Addressed to the contractor at i,icCraeken County Court _louse, Paducah, Kentucky, and if liven by the contractor shall be addressed to the District �n;ineer, Louisville District, Corps of Engineerv, P. 0. Boa 59, Louisville 1, Kentucl.y. 9. The contractor warrants that he had not employed any person to solicit or secure this agreement upon any aZreericnt for a coimnission, percentage, brokerage, or continoont fee. Breach of this Warranty shall Sive the Uovernment the right to annul the a�reoment, or, in its discretion, to deduct from th. rental the amount of such commission, percenta;o, brokera-e, or continSont fees. This warranty shall not apply to commiss- ions payable by contractors upon contracts or leases secured o» :Wade through bona fide established commercial or se.11in arencicc maintained by the contractor for the purpose of securing-, business. 10. NO member of or delegate to Con;ress or resident cors:l- issioner shall be admitted to any share or part of this agreoment or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this asreement if made with a corporation for its general benefit. 11. The contractor, in p-orformin the wor?i required by this permit, shall not discriminate aCainst any employee or applicant for employment because of race, creed, color or national eriSin." SECTION 2. This ordinance shall be in full force and effect from and anter its adoption. Mayo - Passed by the Board of Commissioners, Larch 14, 1950 Recorded by Sarah Thurman, City Cleric, I!arch 14, 1950. :�l