HomeMy WebLinkAboutOrdinances Book 14, Page 432, No Ordinance Number43 2
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AMEN
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AN ORDINANCE RELATING TO THE ESTABLISHING OF THE GRADE OF
PROPOSED HIGH111AY PROJECT DESIGNATING THE DEPARTMENT OF HIGHVIAYS
AS AGENT OF THE CITY OF PADUCAH, KENTUCKY, AND CONVEYING CERTAIN
STREET RIGHT OF WAY TO THE COMMONVIEALTH; AND THE ASSUMPTION OF
CERTAIN LIABILITIES BY THE CITY
1HEREAS the Department of Highways (hereinafter referred to as
"department") had made a survey and prepared plans on Highway Project,
McCracken Co. SP 73-112-L7 in the City of Paducah (hereinafter
referred to as "city") and described as follows:
Beginning on US 4.5 at its junction with US 62 in Paducah and
extending with US L5 southwesterly to the south corporate limits of
Paducah, a distance of approximately 0.64 mile; and including therein
the approaches to any other of its city streets crossed by said Highway
Project; a distance of approximately 0.64 miles; including therein all
of the rights, title and interest held by the city in the approaches
to any other described city street crossed by said project.
This ordinance is to apply to the above stated highway project
insofar as same is within the corporate limits of the city; and
4HEREAS the cost of construction of this road improvement is
to be borne solely by the department and the Public Roads Administration;
and
;IHEREAS by virtue of statutes all right of way in any street,
or portion thereof, owned by the municipality and which becomes a part
of the state highway system must be deeded to the Commonwealth of
Kentucky for the use and benefit of the department; and
°11-IERAS certain agreements must be made :between the city and
the department and certain obligations must be assumed by the city with
respect to traffic regulation and the adjustment of publicly owned
utility facilities lying within the right of way of the proposed project;
H01.1 THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF
THE CITY OF PADUCAH, KENTUCKY:
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That the following be ratified and approved by this Board:
'ED SECTIOII 1. The location and plans for the construction of
I the above referenced project insofar as same is within the corporate
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limits of the city and insofar as shown bythe plans which are on file
in the department at Frankfort, Kentucky, copies of which have been
furnished, or to be furnished, to the city.
SECTION 2_ The grade as shown on these plans, as above
stated, as the official grade of the above mentioned road between the
limits hereinabove set forth.
433
SECTION 3. That the department is acting as the agent of
the city for the construction mentioned above and that the city shall
assume all responsibility for damage to property owners which might be
incurred as a result of a change in grade so long as the work is per-
formed prudently and in accordance with good engineering practice
and according tothe plans hereinabove referred to.
SECTION 4. That the ilayor be and he is hereby directed
to execute and deliver on behalf of the city a deed conveying all
of the city?s right, title and interest in and to so much of the
right of way as.:is owned by it and traversed by the project as is
shown on the plans on file in the office of the City Clerk of the
city, said street affected hereby being the same as described above.
SECTIO?? 5. That the city assumes the liability for any
expense incident to the relocation of any city -owned utility lines,
i.e., water, sewer, gas, storm sewer or others, from within the
publicly owned rights of way on the above stated project which might
be necessitated by the construction. The t-ayor is hereby _-ranted
authority to enter into a contract (designated as L11 -8), on behalf
of the city, with the department putting into effect the provisions
of this section.
SECTIO_ji 6. That the city recognizes that certain traffic
regulations will be required by the construction of the project within
the city limits and hereby grants to the ?•iayor authority to enter into
a contract (designated as Lw. D-5 & 4) on behalf of the city with the
department nutting into effect the provisions of this section.
SECTION 7. All ordinances or parts of ordinances in conflict
herewith are, to the extent of such conflict, hereby repealed.
SECTION 8. This ordinance shall be introduced and remain
on .file for public inspection for at least one (1) creek 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.
1- ayor
Introduced by the Board of Commissioners February 21, 1961
Passed by the Board of Commissioners February 28, 1961
Recorded by Sarah Thurman, City Clerk, February 2$, 1961.