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HomeMy WebLinkAboutOrdinances Book 12, Page 829, No Ordinance Number829 AN ORDINANCE AUTHORIZING THE PADUCAH LIATER I•/ORKS TO CONTRACT 1IITH LOR1991 PI. JONES AND HIS IlIFE, YELL JONES, FOR PURCHASE OF WATER MAIN FOR $2,781.9G TO B8 PAID FROM REVLNUES OF THE PAMUCAH WATER WORKS AND PRESCRIBING THE TPRP NIS AND CONDITIONS THEREOF WTUMEAS, the Commissioners of Slater (Works desire to contract with Loren 11. Jones and his wife, Nell Jones, for the purchase from them of certain iaater mains uuned by them and located outside the corporate limits of the City of Paducah for the sjm of $2,781.96, and it appearing to be for the best interest of the Paducah (Water (Works to make said conttact, NOW THEREFORE, BE IT ORDP.MED BY THE BOARD OF COIJ ISSIONEiS OF THE CITY OF PiUUCAH, IM, TUCIM SECTION 1 That the Paducah IWater (Works be, and it is hereby, authorized to contract with Loren M. Jones and his wife, Nell Jones, for the purchase of certain water mains, said contract to be as follows: "THIS AGREDIENT entered into this the day of , 1952, between L. M. Jones and his wife, Nell Jones, of Paducah, McCracken County, Kentucky, parties of the first part, and the Paducah Slater Works, municipally owned, of Paducah, Kentucky, party of the second part, WITNESSETH: The said L. ,[. Jones is the owner of Two Thousand Six Hundred Twenty-one (2,621) feet of six (6) inch water main located along and under Central Avenue, 40th street and North Central Avenue, all of which main is -presently located outside of the city limint-s of Paducah, Kenmeky, and all of wflwich is connected to the sic (6) inch wra.ter main of the Paducah I•later Works at the present city limits line on Central Avenue, and to which privately owned wrater main persons residing outside the city limits are presently receiving pumped by the Paducah @later Works. The said L: M. Jones desires to seel to Harry D. Abell, Burton A. Washburn, Loon Higdon and Gressham Hougland the right to connect to said sic (6) inch main a six (6)4 inch main at a point near 41st Street and North Central Avenue, which six (6) inch main laid by Abell et al. will be extended a distance of approximately feet to supply wra.ter to the property of the said Al,ell, Washburn, Higdon, and Hougland located on the Pines Road in McCracken County, Kentucky, and after the construction of said sig: (6) inch main it will be conveyed by Abell, wlashburn, Higdon and Hougland to party of the second part. Now, therefore, for and in consideration of the said second party agreeing to permit said Jones to sell the connection to Abell, !Washburn, Higdon and Hougland, and to permit said parties to receive water through said line to their property, the said parties of the first part agree that whenever the territory in which the privately owned water main of first parties is now located is taken into or acquired by the City of Paducah, Kentucky, the parties of the firstpart wrill sell and convey free and clear of any lien or encumbrance or claim to party of the second part the hereinabove described Two Thousand Six Hundred Twrenty-one (2,621) feet of six (6) inch main, located as above described, the price to be 830 paid by party of the second part shall be Two Thousand Seven hundred Eighty-one ($2,781.96) Dollars and Ninety-six cents, which represents seventy-five (75%) per cent of the costs of said main to first parties, and said consideration to be paid by second party shall be paid from the revenue of the Paducah Water Works within six months after the territory uri.thin said six (6) inch main is located is annexed or acquired by the City of Paducah, In the event such consideration is not paid within said time the parties of the first part may at their option declare this contract terminated, and secure the return of their said deed. It is further agreed and understood that said six (6) inch main may at the option of second party be acquired prior to the time said territory is annexed or acquired by the City of Paducah and at the same price hereinbefore stated. Neither this agreement nor the deed hereinafter referred to are intended to convey the lateral connections to said six (6) inch mains and until said deed is delivered, as herein provided, the rights of the first parties to sell and control the water tapping privileges on said six (6) inch main and lateral connections thereto shall not be affected by this agreement. Such ].iteral connections to said main as are oomed by firstparties shall after the acquisition of said six (6) inch main remain the property of first parties. It is further agreed between the parties hereto that a deed of even date with this agreement has been prepared and executed by first parties conveying said Two Thousand Six Hundred Twenty-one (2,621) feet of six (6) inch mian, as above located, and for the consideration above stated, which deed has been placed in escrow with the Peoples First National Bank & Trust Company of Paducah, Kentucky as Escrow Agent, irhich agent is authorized to deliver said deed to party of the second part at any time prior to six (6) months after said territory shall have been taken into the city limits of Paducah upon the payment to said agent for and on behalf of first parties of the said stun of TVo Thousand Seven Hundred Eighty-one ($2,781.96) Dollars and Ninety-six cents. In the event the tender of said consideration is made after the period of si:: months from the date said territory within idiich said six (6) inch t,ra.ter main of first party is taken into or annexed to the city limits of Paducah, Kentucky, said deed shall not be delivered except upon the written authorization of parties of the first part, their heirs or assigns. IN TESTD1014Y IMERMOF, uri.tness the signatures of parties of the first part and party of the second part by its duly authorized Treasurer, who signs this agreement Pursuant to authority conferred by the Board of Canmussioners of Paducah !.later L•'orks and by passed by the Board of Commissioners of the City of Paducah, Kentuck.r on the day of , 1952. Said agreement is excused in triplicate, a copy for each said parties and a copy for the Escrow Agent, PADUCAH WATER FJORKS Jones By Treasurer Nell Jones 831 SECTION 2 Lois Sutherland, Treasurer of the Paducah Dater Works is hereby authorized to execute the contract recited in Section 1 hereof for the Paducah Water Works': SECTION 3 This ordinance shall be introduced and remain on file for public inspection for a least one week in the completed form in whach it shall be put upon its ficial passage. Mayor Introduced by the Board of Com=Lissionors j.ume 3, 1952 Passed by the Board of Commissioners Jame 10, 1952 Recorded by Sarah Merman, City Clerk, June 10, 1952