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HomeMy WebLinkAbout98-11-5970102 ORDINANCE NO. 98J-- 5Lr70 _ AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A SETTLEMENT AGREEMENT REGARDING EAST MALL ACCESS ROAD AND AUTHORIZING THE FINANCE DIRECTOR TO MAKE EXPENDITURES THEREUNDER WHEREAS, the City of Paducah has heretofore filed a condemnation action against Teachers' Retirement System and Sam's Real Estate Business Trust regarding the acquisition of real property for the establishment of the east mall access road; and WHEREAS, an interlocutory judgment and order was entered by the McCracken Circuit Court in the aforementioned condemnation action, and in accordance therewith, the sum of $63,300.00 was paid to the clerk of the McCracken Circuit Court; and WHEREAS, the parties have reached an agreement regzrding the resolution of the condemnation action; BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1: The City Commission does hereby approve the settlement agreement entered into between the City of Paducah, Teachers' Retirement System of the State of Kentucky, and Sam's Real Estate Business Trust regarding the resolution of the condemnation action instituted by the City of Paducah for the establishment of the east mall access road. In such regard, the City Commission does hereby authorize the Mayor of the City of Paducah to execute the aforementioned settlement agreement for and on behalf the City of Paducah. SECTION 2: The City Commission hereby authorizes that from the sum of $63,300.00, which sum is to be paid by the clerk of the McCracken Circuit Court to the City of Paducah, Kentucky, the City shall disperse such funds as follows: (a) The City of Paducah shall pay Teachers' Retirement System of the State of Kentucky and Sam's Real Estate Business Trust the sum of $34,675.00, which sum is to be paid to said parties in accordance with the terms and provisions of the settlement agreement; (b) City shall apply the sum of $18,837.90, to the contractor's invoice; and (c) The City shall pay the sum of $9,787.10, to Warehouse, Inc., as reimbursement of monies heretofore paid by Warehouse, Inc., regarding the condemnation. SECTION 3: This Ordinance shall be read on two separate days and will become effective upon summary publication pursuant to i KRS Ch. 424. ALBERT JONES, OR C, ATTEST: CITY CLERK, ASSISTANT Introduced by the Board of 27,10110 Adopted by the Board of Commissioners_116w/mAtn I o' I q q9 Recorded by City Clerk Published by The Paducah Sun ORD\43414 2 103