HomeMy WebLinkAboutOrdinances Book 13, Page 367, No Ordinance Number367
Al ORDINANCE PROVIDING FOR THE EXECUTION OF AN AGREEnK,1T
LEASING UNTO THE UNITED STATES OF AMERICA THE PADUCAH-MCCRACKEN
COUNTY AIRPORT, KNOiN AS THE "BARKLEY FIELD" FOR TRANSIENT USE BY
I•IILITARY AIRCRAFT AS A LANDING AREA; AUTHORIZIIIG THE EXECUTION OF
SAID LEASE BY TIIE MAYOR AND CITY CLERK; A14D PRESCRIBING THE TERI•IS
AND CONDITIONS TO BE CONTAINED THEREIN
BE IT ORDAINED BY THE BOARD OF COI•R.IISSIONERS OF THE CITY OF
PADUCAH, KENTUCKY:
SECTION 1. That the City of Paducah, Kentucky, join with
the County of I•IcCracken, State of Kentucky, in the execution of an
agreement granting unto the United States of America the right and
privilege to use the Paducah -McCracken County Airport, known as the
"Barkley Field", for transient use by military aircraft in common
with others, and that Robert C. Cherry, 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 -crit:
"l. How Therefore, in consideration of the sum of ;•`,1.00, the
receipt and sufficiency of which is hereby acknowledged by the
Contractor, and of the mutual covenants, promises and agreements
herein contained, the Contractor hereby grants 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 1960.
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 danger arising from the negligence of the
Government's agents or employees, and damage caused by military
aircraft, the Government to repair or compensate the Contractor for
any such damages.
6. In the event the Government shall fail to repair as
agreed in Paragraph 5, a claim for the cost of such repair may be
presented by the Contractor under provisions of Public Lara 112,
79th Congress, 3 July 1943 or any other act or regulation under
which appropriate Hinds shall at such time be available. It is
understood, however, tlkit any provision of this permit which
obligated the Government to the expenditure of funds shall be
subject to an appropriation beim; available for its fulfillment.
7. The Government may terminate this permit at any time by
giving thirty (30) days notice in writing to the Contractor.
b'. Any notice under the terns of this permit shall be in
,writing signed by a duly authorized representative of the party
giving such notice, and if given by the Government shall be
addressed to the Contractor at i.IcCracken County Courthouse, Paducah,
Kentucky, and i_" given by the Contractor shall be addressed to the
District Engineer, Louisville District, Corps of Engineers, Post
Office Box 59, Louisville 1, Kentucky.
368
9. The Contractor warrants that he has not employed any
person to solicit or secure this agreement upon any agreement for
a commission, percentage, brokerage, or contingent fee. Breach of
this warranty shall give the Government the right to annul the
agreement, or, in its discretion, to deduct from the rental the
amount of such commission, percentage, brokerage, or contingent fees.
This warranty shall not apply to commissions payable by contractors
upon contracts or leases secured or made through bona fide established
commercial or selling agencies t4intained by the Contractor for the
purpose of securing business.
10. Aro member of or delegate to Congress or resident commissioner
shall be aftitted to any share or part of this agreement or to any
benefit that may arise therefrom, but this provision shall not be
construed to extend to this agreement if made with a corporation for
its general benefit.
11. The Contractor, in performing the work required by this
permit, shall not discriminate against any employee or applicant for
employment because of race, creed, color or national origin."
SECTIOA?2_ This ordinance shall be in full force and effect
from and after its adoption.
Passed by the Board of Commissioners June 28, 1955
Recorded by Sarah Thurman, City Clerk, June 28, 1955•