Loading...
HomeMy WebLinkAboutOrdinances Book 14, Page 124, No Ordinance NumberAN ORDI14ANCE ACCEPTINF THE BID OF THE R01jIAN CATHOLIC DIOCESE OF 0,IMNSBORO, KENTUCKY, AN UNINCORPORATED ASSOCIATION, FOR THE SALE OF RIVERSIDE HOSPITAL PROPERTIES SITUATED IN PADUCAH, IENTUCKY; PROVIDING THE TERMS AND CONDITIONS OF SUCH SALE AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DEED CONVEYING SUCH PROPERTY TO THE MOS^_ REVEREND FRANCIS R. COTTON, ROMAN CATHOLIC BISHOP OF 011ENSBORO AND HIS SUCCESSORS IN OFFICE :1HEREAS, on April 28, 1959 the Board of Commissioners of the City of Paducah, Kentucky adopted a Resolution determining that Riverside Hospital property owned by the City is no longer needed to carry on a governmental function of the City and that it would be of more benefit to the public at large, the City and its taxpayers if such property was owned and operated by a non-profit organization if such organization would give to the City a discount'on its hospital- ization cost of authorized city charity patients over a period of years, such determination being authorized by Section 65.010 of Kentucky Revised Statutes; and 1111-EREAS, on May 12, 1959, by Resolution adopted by the Board of Commissioners of said City, the City i.lanager was authorized and directed to advertise for bids or proposals for the sale of such properties to a non-profit organization; and WHEREAS, the City Manager thereafter caused such advertising to be done by inserting the request for bids or proposals in three issues of the Paducah Sun -Democrat published once a week for three consecutive weeks, and by posting a notice at the City Hall door, and UHEREAS, on June 9, 1959 the Board of Commissioners of said City received and filed two proposals for the purchase of said Riverside Hospital properties, one being from the Memphis Conference of the Methodist Church and the other from the Roman Catholic Diocese of Owensboro, Kentucky, and 1,11EREAS, on July 14, 1959 the Board of Commissioners accepted the bid or proposal of 'the Roman Catholic Diocese of Owensboro, Kentucky, an unincorporated association, in the sum of 5G3,251.00 for the purchase of said hospital properties, and said bid or proposal also proposed and offered a discount of 41;0' for the cost of authorized city charity hospital services for a period of twenty (20) years, and WHEREAS, title to all property owned by the Roman Catholic Diocese of Owensboro, Kentucky is vested in the name of its Bishop and his succewsors in office. 125 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH,KENTUCKY: SECTION 1. That the proposal of the Roman Catholic Diocese of Owensboro, Kentucky for the purchase of Riverside Hospital properties in Paducah, Kentucky, for the price of :;x503,251.00 and other consider- ations, terms and conditions that will be hereinafter set out, be, and 'the same is hereby accepted. SECTION 2. That the Mayor of the City of Paducah, Kentucky and the City Clerk be, and they are hereby, authroized and directed to execute a deed to the Idost Reverend Francis R. Cotton, Roman Catholic Bishop of Owensboro and his successors in office, in words and figures as follows: "THIS DEED. OF COiNEYANICE, made and entered into on this day of 19_, by and between the City of Paducah, Kentucky, a municipal corporation of the second class, hereinafter called 'Grantor', and the Most Reverend Francis R. Cotton, Roman Catholic Bishop of Owensboro, Kentucky and his successors in office, hereinafter called 'Grantee?. W 1 T N E S S E T H: "THAT for and in consideration of the sum of Five Hundred Three Thousand Two Hundred Fifty-one & no/100 Dollars (:.?503,251.00) cash in hand paid, the receipt of which is hereby acknowledged, and other considerations hereinafter set out, the Grantor, City of Paducah, Kentucky, does hereby sell and convey to the Grantee, the Most R,verend Francis R. Cotton, Roman Catholic Bishop of Owensboro, Kentucky and his successors in office, the Riverside Hospital prop- erties in Paducah, Kentucky, described as follows, to-:,rit: "The parking lot property at the north west corner of 4th and Clay Streets described as follows: "Beginning at a point 90 feet west of the northwest corner of the intersection of 4th Street and Clay Street; thence in a westerly direction and along the north property line of Clay Street 45 feet; thence in a northerly direction parallel with y.th Street 61 feet and 9 inches to the center of an 5 foot alley; thence in an easterly direction parallel with Clay Street and along 'the center line of said 5 foot alley, 45 feet; thence in a southerly direction parallel with Lyth Street, 61 feet 9 inches to the point of beginning. Being the same property conveyed to the City of Paducah, Kentucky by Roy Barrow and his wife, Irene Elkins Barrow, by deed dated December 21st 194LF, and of record in Deed Book 252, page 527, McCracken County Court 'Clerk's office. and 126 Beginning at the northwest corner of the inter- section of Fourth Street and Clay Street; thence in a westerly direction toward Fifth Street and along the north property line of Clay Street 90 feet; thence in a northerly direction and parallel with Fourth Street 65.75 feet; thence in an easterly direction and parallel with Clay Street 90 feet to the crest property line of Fourth Street; thence in a southerly direction and along the west property line of Fourth Street 65.75 feet to the point of beginning. Being the same property conveyed to the City of Paducah, Kentucky by James Gillen and wife, Marie Gillen, by deed dated November 10, 1944, and of record in Deed Book 282, page 529, McCracken County Court Clerk's office. and Beginning at a point 135 feet west of the northwest corner of the intersection of 4th Street and Clay Street; thence in a westerly direction and along the north property line of Clay Street 31 feet; thence in a northerly direction and parallel with 4th Street 61 feet and 9 inches to the center of an 8 foot alley; thence in an easterly direction and parallel with Clay Street and along the center line of said alley 31 feet to a point in the Barrow line; thence with the Barrow line in a southerly direction and parallel with 4th Street 61 feet and 9 inches to the point of beginning. Being the same property conveyed to the City of Paducah, Kentucky by Owen M. Martin and his wife, Dora Martin, by deed dated December 21st, 1944 and of record in Deed Book 282, page 531, McCracken County Court Clerk's office. "The land, hospital building, equipment and supplies situated at the north east corner of 4th and Clay Streets in Paducah, Kentucky, said land being described as follows: Beginning at the northeast corner of the inter- section of Fourth Street and Clay Street; thence in a northerly direction toward Park Avenue and with the east property line of Fourth Street 315.63 feet to a point 25 feet south of the inside face of the existing concrete floodwall; thence at an interior angle of 89 degrees 57-3/4 minutes in an easterly direction and parallel with said floodwall 156,08 feet to a point 13.5 feet from and at right angles to the inside face of the concrete floodwall; thence at an interior angle of 106 degrees 19 minutes a distance of 328.71 feet to the north property line of Clay Street; thence at an interior angle of 73 degrees 49-1/4 minutes in a westerly direction and with the north property line of Clay Street 24$,22 feet to the point of beginning. Being a part of the same land conveyed -to the City of Paducah, Kentucky by George W. Norton, Executor, by deed dated August 12, 1904, and of record in Deed Book 73, page 437 in the I�lcCracken County Court Clerk's office; and a part of the same land conveyed to the City of Paducai, Kentucky by Charles T, Graham, et al by deed dated August 9, 1904, and of record in Deed Book 89, page 9, in said Clerk's office. However, an easement is to be retained, and is retained, by the City of Paducah upon and over a strip of said land ten (10) feet in width on the east side of same along its full length from Clay Street northwardly toward Park Avenue, which easement is for sewer and floodwall purposes, and no building or obstruction of any kind shall be placed upon same. 12'7 "TO HAVE AND TO HOLD the same with all appurtenances there- unto belonging unto the Grantee, the Most ,Reverend Francis R. Cotton, Roman Catholic Bishop of Owensboro, I{entucky and his successors in office, and with covenant of general warranty as to title to the extent authorized by law. "This conveyance is made upon the condition that the pro- perties herein conveyed shall be used for hospital purposes and in the event it should ever cease to be so used for a period of nine (9) consecutive months, the herein conveyed properties shall revert to the Grantor and the Grantor shall be at once en- titled to enter upon and take possession of same. Hoviever, in the event of substantial destruction by fire or other casualty of said hospital, the Grantee and his successors in office shall be given a period of three years from the date of said destruction within which to rebuild said hospital and have said hospital in operation. It is mutually agreed and covenanted between the parties hereto that in the event the Grantee and his successors in office should ever determine to build another hospital within the city limits of the City of Paducah, the Grantee and his successors in office may sell the herein described properties and apply monies received for said properties to the purchase and/or construction of a new hospital, in which event the reverter clause shall be of no effect and not applicable and shall be null and void. It is further covenanted and agreed between the parties that in the event the Grantee and his successors in office should desire to make additions, alterations or any repairs or any other expenditures in connection with the above described properties, •that these herein described properties may be mortgaged and in the event of a foreclosure, the reverter clause hereinabove mentioned shall be of no effect and not applicable and shall be null and void. The Grantee and his successors in office agree that they will comply with the Hill -Burton Act (Chapter 42, sec. 291 of U.S.C.A.), the hospital will be operated for the benefit of all citizens of Paducah and the McCracken County area and there will be no restriction as to. race, color or creed. "It is a part of the consideration herein that the Grantee, his successors in office and any catholic organization operating and managing such hospital properties shall give to the Grantor a discount of 410 on all charity hospitalization authorized by the Grantor for a period of twenty (20) }rears from September 19, 1959, or such other date as the Grantee assumes control and operation of the herein con- 12$ veyed hospital properties, such discount to be based upon the prevailing prices at the•time the charity hospitalization is furnished and provided for by the Grantee. "IN TESTIIJONY WHEREOF, the Grantor, City of Paducah, Kentucky, has hereunto set its hand, by and through its Mayor, and has caused its corporate seal to be attached and attested by its City Clerk on this the day and date first above written. CITY OF PADUCAH, KENTUCKY By Mayor Seal attached and attested by ityC erk STATE OF KENTUCKY ) ( SCT COUNTY OF McCRACKEN ) I, , a Notary Public, in and for the State and County aforesaid, do hereby certify that the foregoing deed of conveyance from the City of Paducah, Kentucky to the host Reverend Francis R. Cotton, Roman Catholic Bishop of Owensboro, Kentucky and his successors in office, was this day produced to me in my county and state aforesaid, and was then and there acknowledged before.me by BMayor of the City of Paducah, Kentucky to be his act and deed as such, and to be the act and deed of the City of Paducah, Kentucky, for all the purposes therein mentioned, and all done in due form of law. "My Commission will ez:pire on the _ day of 19 "Given under my hand and seal of office on this the day of 19 rotary Public, :McCracken Co. Ky." SECTION 3. After the aforesaid deed has been executed it will be placed in escrow with Citizens Bank & Trust Company of Paducah, Kentucky, to be held by such bank under the terms and conditions hereinafter set out. After such deed is placed in escrow, the purchaser will immediately place in escrow with said bank the purchase price of ;,503,251.00 from which said bank as escrow agent will forward a sufficient amount of the purchase price held by it to Harris Trust Savings Bank of Chicago, Illinois for the retirement of the outstanding 129 bonds against the hospital, all of which are owned by Modern lifoodmen of America of Rock Island, Illinois, and which have been deposited with said Harris Trust & Savings Bank for redemption. Included with the assets to be sold will be all notes and accounts receivable owing to the hospital, which as of April b9, 1959, amounted to •,p122,129.42. As of the time of closing the sale any increase in said amount is to be added to the purchase price, and any decrease shall be deducted from the purchase price. The purchaser shall assume all notes and accounts payable owing by the hospital, which as of April 19, 1959, amounted to ;x52,$9$.01. As of the time of closing the sale any increase in said amount is to be deducted from the purchase price, and any de- crease shall be added to the purchase price. Some of the equipment in connection with the hospital is surplus acquired from the Department of Education, Division of Property Utilization, Frankfort, Kentucky, and such surplus property will not be transferred except under proper authorization from said department. Restricted supplies such as narcotics and alcohol will not be transferred except under authorization of the proper authorities. SECTION 4. It is contemplated that the actual transfer of the aforesaid Riverside Hospital properties and the operation of the hospital will take place and be effective at 7:00 o'clock A.P.I. on September 19, 1959, and as soon thereafter as possible an audit of the books and records of the hospital •rill be made as of the closing date to determine any difference to be added or subtracted from the purchase price, based on the amount of notes and accounts receivable and notes and accounts payable; the notes and accounts receivable as of April 19, 1959, amounted to 9122,129.42 and as of the time of closing the sale and transferring operation, any increase is to be added to the purchase price, and any decrease is to be deducted from the purchase price; the notes and accounts payable owing by the hospital as of April 19, 1959, amounted to «52,89$.01, and any increase is to be deducted from the purchase price and any decrease is to be added to the purchase price. SECTION 5. If for any reason the closing time and change of operation and control of the hospital from Grantor to Grantee cannot be performed on September 19, 1959 at 7:00 otclock A.P.I. as provided for in Section 4 herein, such day and time thereafter may be determined by motion adopted by the Board of Commissioners of the City of Paducah, Kentucky at any regular meeting or at any called meeting. 130 SECTION 6. After the bonds mentioned in Section 3 hereof have been redeemed and retired as provided in such section, the executed deed as referred to herein in Section 2 shall be immediately delivered by the escrow agent to the Grantee or his duly authorized attorney. SECTION 7. After the audit as provided in Section 4 herein is made to determine the exact amount of the outstanding notes and accounts receivable and notes and accounts payable of the hospital, the remainder of the purchase price, less any amount deducted by reason of such audit figures, shall be paid by the escrow agent to the City Treasurer. SECTION 8. Thgt if any section, paragraph or provision of this ordinance shall be found to be inoperative, ineffective or invalid for any caupe, the deficiency or invalidity of such section, paragraph or provision shall not affect any other section, paragraph or provision hereof, it being the purpose and intent of this ordinance 'to make each and every section, paragraph and provision hereof separable from all other sections, paragraphs and provisions. SECTION 9. This ordinance shall be introduced and remain on file for public inspection for at least one (1) week in the completed form in which it shall be put upon its final passage, and if adopted shall be in full force and effect ten (10) days thereafter. L-IrI91/�QII--1/1 l,; aye, Introduced by the Board of Commissioners August 25, 1959 Passed by the Board of Commissioners September 8, 1959 Recorded by Sarah Thurman, City Clerk, September 8, 1959.