Loading...
HomeMy WebLinkAboutOrdinances Book 14, Page 458, No Ordinance Number458V AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT ON BEHALF OF THE CITY OF PADUCAH, KENTUCKY, WITH J. W. JOHNSTON AND PERRY WALLACE FOR THE OPERATION OF MARINA FACILITIES ON THE RIVER FRONT, AND SETTING FORTH THE TERMS AND CONDITIONS OF SUCH AGREEMENT BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City Manager be, and he is hereby, authorized and directed to execute an agreement, on behalf of the City of Paducah, Kentucky, with J. W. Johnston and Perry Wallace for certain marina facilities on the river front, said agreement being in words and figures as follows, to -wit: "THIS AGREEMENT, made and entered into on this the 12th day of April, 1961, by and between the CITY OF PADUCAH, KENTUCKY, party of the first part, and J. W. JOHNSTON of Paducah, Kentucky, and PERRY WALLACE, Brookport, Illinois, parties of the second part; W I T N E S 3 E T H h "THAT the party of the first part, in consideration of the hereinafter agreements, does hereby grant permission to the extent allowed by law to the parties of the second part for the operation of the following facilities: "A boat dock and marina facilities on the river front, Paducah, Kentucky, within the limits bounded by the north line of Broadway, if extended, and the south line of Jefferson Sheet, if extended. The facilities to consist of a barge type craft, approximately 60 feet long and 30 feet wide which is to contain the headquarters of the operation. One-half of the barge to be enclosed to contain a small office space, a snack bar with a soft drink dispenser, popcorn machine, hot dog machine, previously prepared sand- wiches, locker space for rent and repair shop. One-half of the barge to be left open (or canopy covered) to contain tables and chairs for customers and spectators. Two (2) gasoline pumps to be placed in the open area for the sale of gasoline and two (2) 500 gallon gasoline storage tanks 'to be placed on another barge type craft, or on shore, wherever specified by the Coast Guard Authorities. Below, or down -river from the barge and connected to the barge a long shed constructed of wood or st:bel 459 framing covered with corrugated sheet iron or aluminum, floated on styrofoam or drums divided into compartment sotrage for cruisers or like craft. Inside this area between -the boat house shed and the river bank, catwalks and boat slips floated on styrofoam or drums will be constructed to provide moorgge space for small craft. Facilities will be provided for the selling of various items relating to pleasure boat craft, motors, boats, life preservers, jackets and skis. All such facilities are to be moored and anchored in such a manner as to be pulled in or let out at all times according to the fluctuations of the river stage. "For the privileges granted herein the party of the second part is to pay to the party of the first part an amount equal to 100 of the gross receipts realized from the storage of all river craft and 10% of the net receipts from the sale of all merchandise from the snack bar. Such payment to be made promptly at the end of each calendar month/ No percentage is to be paid from the sale of gasoline, boats, motors and allied items. "The party of the second part is to maintain full and complete and accurate records of all moneys received and disbursed from such operation and such records shall be available to the City Manager or City Treasurer at all times. "The party of the second part is to provide and keep in full force and effect liability insurance issued by some good and solvent company licensed to do business in the City of Paducah, Kentucky, to protect the city from all claims of persons for personal injury or depth and for damage of property in the following amounts: 125;000.00 for personal injury or death to any one person $50,000.00 for personal injury or death to more than one person resulting from the same accident, and 5,000.00 for damage to property in any one accident Such liability insurance must be furnished before any of the herein set out facilities are offered to the public. "It is the intention of party of the first part that the terms of this agreement shall be for a period ending December 31, 1963 to the extent allowed by law, except however, upon any violation by the party of the second part of any of the terms and conditions contained herein the party of the first part, by legislative action of its Board of Commissioners, may cencel 460 the entire agreement at any time. "This agreement is not to be transferred or assigned in any manner by party of the second part unless authorized by legislative action of -the Board of Commissioners of the City of Paducah, Kentucky. "This agreement is executed pursuant to the terms of an ordinance adopted by the Board of Commissioners of the City of Paducah, Kentucky on the 11th day of April, 1961, and all terms and conditions contained in said ordinance are made a part hereof." SECTION 2. This ordinance shall be in full force and effect from and after its adoption. Mayor Passed by the Board of Commissioners April 11, 1961 Recorded by Sarah Thurman, City Clerk, April 11, 1961.