1999-11-10-PEDC - Laserfiche WebLink

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492 had to go before the City Council. He said at the City Council Meeting on November 8, 1999, there was a question as to procedure. Mr. Vest said that the City Council approved this item pending approval by the Acting City Attorney. Mr. Vest said that the Acting City Attorney Mr. Henderson had investigated this item and discovered that the street is located on private property, and that the street from 19th to it's location now is on property owned by the Paris Industrial Foundation. He said that the street extension is on property owned by the Paris Economic Development Corporation. City Manager Michael E. Malone said that the history actually goes back further than that, that there was 105 foot entryway into the old municipal airport, so all of the land at one time was owned by the City with no retention of right-of-way by the City at the time the property was transferred to the Paris Industrial Foundation. He said that the road most recently was improved by Paris Economic Development Corporation funds. He said the portion already in existence and has been improved and is not subject to City maintenance because it is owned by the Paris Industrial Foundation. He said the Paris Industrial Foundation conveyed the property back to P.E.D.C. and beyond that it was associated with T & K Machine. He said a portion of that property has been conveyed to Mark Cunningham, and this extension is to be built upon property owned by P.E.D.C. He said P.E.D.C. has the authority to extend the road or street at some point in the future. Boardmember Amis questioned the possibility if the Board wanted to build a narrower street and use a different material than City specifications. City Manager Malone stated that the Council authorized plans and specifications which were a different standard than the subdivision standard, since the subdivision standard does not apply. City Manager Malone stated that the Actin,g City Attorney has reviewed this from the legal standpoint and has approved it. Mr. Vest said that, regarding the lawsuit on the BITCO project, that we had gotten a judgment against Charles Rhoades, Steven Rackley, their spouses, and the BITCO Corporation. He said that David Rhoades was separated in the lawsuit. He said Mr. Rhoades attorney has made a recent offer of $5,000.00 up front and $1,000.00 per month for seventy months. Mr. Vest advised that the judgment would not be released until all payments were made, and another note would be structured. Mr. Vest stated that David Rhoades has filed a motion for arbitration, and if we refuse to accept this offer we have a trial date of December 7. Boardmember Don Wall made a motion that the Board go into executive session at this time to discuss this item. Boardmember Dick Amis seconded the motion which carried unanimously.