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HomeMy WebLinkAboutOrdinances Book 12, Page 309, No Resolution Number3 A RESOLUTION REQUESTING THE CITY MANAGER TO ADVERTISE FOR BIDS FOR THE LEASIVG OF THE DUMP ON NORTH SIXTH STREET IF PADUCAH, KENTUCKY, TO BE USED AS A SITE FOR THE DISPOSAL OF GARBAGE AND RUBBISH; PRESCRIBING THE TERMSAND CONDITIM5 TO BE CONTAINED IN SUCH LEASE; SPECIFYING THE CONSIDERATIONS BY WHICH THE CITY OF PADUCAH SHA;.L BE GOVERNED IN THE SELECTION OF THE HIGHEST AND BEST BID; AND PROVIDING THE KANNER IN WHICH SAID BIDS SHALL BE RECEIVED AND ACTED UPON. BE IT RESOLVED BY THE BOARD OF COP•]MISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City Manager be, and he is hereby authorized to advertise for bids for the leasing of the dump on North Sixth Street in Paducah, Kentucky, for use as a site for the disposal of garbage and rubbish, said lease to be in words and figures as follows, to :wit: "THIS LEASE, made and entered into this the day of April, 1951, by and between the City of Paducah, a municipal corporation of the second class of the Stqte of Kentucky, (hereinafter called the "City"), party of the first part, and being the highest and best bidder for this Lease (hereinafter called the 'Lessee'), party of the second part; W I T N E S S E T H : That for and in consideration of the sum of Dollars to be paid to the City on the 1st day of each and every consecutive month during the term of this lease, beginning on the 1st day of May 1951, the City hereby leases to the Lessee for a term of five years beginning of the 1st day of Alay:,,1951, but subject to all of the terms and conditions hereinafter provided, a certain tract of land located at the southwest corner of the intersection of Sixth and Flournoy Streets in Paducah, Kentucky, for use as a garbage and rubbish disposal site, said tract of land being more particularly described as follows: "Beginning at the southwest corner of the intersection of Sixth and Flournoy Street; thence in a southerly direction and with the west property line of Flournoy Street 425 feet to Seventh Street; thence in a westerly direction and with the north property line of Seventh Street 400 feet; thence in a northerly direction and parallel with Flournoy Street 310 feet; thence in a westerly direction and parallel with Sixth Street 125 feet; thence in a northerly direction and parallel with Flournoy Street 45 feet; thence in a westerly direction and parallel with Sixth Street 275 feet to the east property line of Terrell Street; thence in a northerly direction and with the east property lire of Terrell Street 70 feet to the south property line of Sixth Street; thence in an easterly direction and with the south property line of Sixth Street 800 feet to the point of be- ginning." As a further consideration for this lease, the Lessee birds him- self and agrees to collect all city garbage without charge, including garbage accumulating in the jail at the City Hall, in the kitchen of the Fire Department, in all cafeterias and other eating places in the public schools of the city; to dispose of all city garbage and rubbish without charge; and to dispose of such 310 garbage and rubbish in the manner provided in Clause 3 of this Lease. It is mutually covenanted and abreed between the parties hereto and is a part of the consideration for this lease that: (1) as used in this Lease, the word "garbage" shall mean and include the organic waste of animal, fish, fruit, or vegetable matter arising from or attending the storage, dealing in, preparation or cooking of food for human cc nsumption from houses, kitchens, hotels, restaurants, stores, markets and commission houses, and the word "rubbish" shall mean and include ashes, clinkers, cans, bottles, paper boxes, weeds, leaves, glass, broken crockery and similar household trash, and any other kind of trash or waste material except garbage, trees and tree limbs. (2) The above described property shall be used as a place for the disposal of garbage and rubbish and for no other purpose. (3) The Lessee shall only use a trench type land -fill method for disposing of garbage and rubbish on the aforesaid site. Garbage and rubbish shall be covered over with a sufficient amount of earth to eliminate all foul odors and in such manner as will not create a nuisance.,, or be offensive to any person or dangerous to human health. (4) The word "nuisance" as used herein shall mean and include all decayed flesh, fish, fould, vegetables or other unwholesome substance of any kind or description whatever, or garbage or rubbish as defined herein, that is unsightly offensive to any person, dangerous to human health, or renders the aforesaid dumping site injurious to health. (5) The City reserves the right, by and through its City Engineer, to lay out and designate for the purpose of providing adequate drainage of adjoining lands, as well as tp hereafter establish streets and other public ways through said lands, those portions of the above described real estate which the Lessee shall not use as a place for the dumping of garbage and rubbish. (6) The Lessee shall strictly comply with all ordinances of the City of Paducah relating to sanitation, and relating particularly to the collection transportation and disposal of garbage and rubbish, as well as with all rules and regulations of the City -County Health Department by which the residents of the Cit;' of Paducah are also governed. (7) This Lease shall not be assigned, either in whole or .in part, nor shall the Lessee sublet or under -let the above described real estate, or any ,,-,rt thereof, without the approval of the Board of Commissioners of the City. Provided, however, it may be assigned to a corporation organized for the operatic:. e= the aforesaid disposal site if the Lessee shall own as much as fifty percent (',7 of the capital stock of such corporation:. (E) In the event it is determined by the Board of Co-Lmissioners of the City that the Lessee has failed to comply with any of the terms and con.- 311 ditions contained herein, the City shall have the right, at its option, to cancel this lease by giving to the Lessee thirty (30) days written notice of the cancellation thereof, at the end of which period the City shall hqve the right to take possession of the above described property, and no other notice to quit or demand for said property shall be necessary to recover the possession of the same. (9) The Lessee is hereby granted the right and option to renew this lease upon the same terms and conditions for an additional period of five (5) years by the delivery of a written notice to the City of the exercise of said option at least thirty (30) days prior tp the expiration of the aforesaid original term. It is understood and agreed that the Lessee, by the acceptance of this lease, shall not acquire a franchise of any kind, nor any rights or privileges for the collection of garbage and rubbish which all residents of the City of Paducah do not have, and that his rights and privileges shall be restricted to the use of the aforesaid leased premises as a site for the disposal of garbage and rubbish at such charges as he may establish. IH TESTS -101,11Y %,,HEREOF, the City of Paducah has caused its name to be subscribed by its Aiayor, Stuart Johnston, and has caused its corporate seal to be affixed hereto by the City Clerk, Sarah Thurman, all of which is done pursuant to an ordinance duly adopted by the Board of Commissioners of the City of Paducah on April , 1951, and as shown by said ordinance of record in Ordinance Book , page , in the office of the City Clerk of Paducah Kentucky, this the day and date first above written. CITY OF PADUCAH, KENTUCKY By Mayor ATTE3T: 1 1I City C erk' SECTION 2. Each bidder shall state the amount of the rental he is willing to pay each month for the use of the above described property during the term of said lease. He shall also specify in his bid the kind of garbage and refuse collection service he proposes to establish and maintain in the city, the type of equipment and number of trucks he will use, the portion of the city he will serve, the frequency of collection, his charges for both residential and commercial service, and his charges for the disposal of garbage and rubbish o n the aforesaid dumping side, all of which will be taken into consideration by the Board of Comm- issioners when giving its donsideration to the selection to the highest and best tld for the aforesaid lease. 3 12 SECTION 3. The City Manager shall advertise for bids tiy•posting a notice up at the City Hall door and by inserting a notice of the request for bid. in at least one issue of the Sun -Democrat. The notice shall be posted and published at least seven (7) days prior to the opening of bids and no bid shall be opened within ten (10) days from the date of the adoption of this resolution. No bid shall be received unless it is under seal, nor shall any bid be received after the hour fixed in the notice for the opening of bids. All bids received by the City Manager up to the time fixed in the notice shall be filed with the Board of Commissioners who may lease the above described property to the higtest and best bidder. The Board of Commissioners shall reserve the right to reject any or all bids and the City shall not become legally obligated to lease said property until the adoption of an ordinance authorizing the execution of the aforesaid lease. SECTION G. This resolution shall be in full force and effect from and after its adoption. i P4ay r �-- Passed by the Board of Commissioners March 20, 1951 Recorded by Sarah Thurman, City Clerk, March 20, 1951.