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HomeMy WebLinkAboutOrdinances Book 11, Page 933, No Resolution Number933 A RESCLUTION AMENDING SECTION 1 OF A RESOLUTIOII ENTITLED: "A RESOLUTION GRANTING TO EARLE T. SHOUP THE RIGID AND PRIVILEGE TO CONNECT HIS PRIVATE SEWER LINE ONTO THE ED111IN P. HAWKINS LINE WHICH CONNECTS WITH THE C ITY SE''XER AT THE EAST PROPERTY LINE OF THE HARM NS PROPERTY ON THE BUCKNER LANE ROAD AT FORTIEui STREET, AND PRESCRIBING THE TERAS AND CONDITIONS UNDER WHICH SAID RIGHT OR PRIVILEGE SHALL BE GRANTED", WHICH IWAS ADOPTED BY THE BOARD OF COT/AiISSIONERS ON OCTOBER 18, 1949 BE IT RESOLVED BY THE BOARD OF CO-11ISSIONERS OF THE CITY 1OF PADUCAH, KENTJCY.Y: SECTIOII 1. That Section 1 of a resolution bearing the title quoted above, which was adopted by the Board of Commissioners on the 18th day of October, 1949, be, and the same is hereby amended so that said section as amended shall read as follows: "Section 1. That the City of Paducah, Kentucky, ;rant to Earle T. Shoup the right and privilege to connect his private sewer line at Hillcrest Avenue and 40th Street onto the Edwin P. Hawkins sewer line which connects with the city sewer at Hillcrest Avenue, extended, at the corporate city limits, said sewer line connection to be made and the said Earle T. Shoup to receive the benefits of sewerage service upon the condition that he executes and delivers to the City of Paducah an agreement which shall be in words and figures as follows, to -wit: "That for and in consideration of the granting of a permit to Earle T. Shoup to connect his private sewer line at Hillcrest Avenue and 40th Street onto the Edwin P. Hawkins sewer line which connects with the city sewer on IIillcrest Avenue, extended, at the corporate city limits, which permit has been granted pursuant to i resolution adopted by the Board of Commissioners on the 18th day if October, 1949, and amended on October 25, 1949, copies of which ire filed with and made a part of this Agreement to the same extent is if fully copied herein, the said Earle T. Shoup does hereby agree "(1) That the entire expense for making said private sewer line connection, as well as for maintaining said sewer line xtension and keeping the same in repair, shall be paid by him, it Being understood that the City of Paducah does not assume any respon- ibility whatever for the maintenance of said private sewer line xtension, or for furnishing any sewerage service by reason of any toppage in the city sewer or in any extension thereof, or by eason of the inadequacy or bad state of repair of either said city ewer or the extension thereof. 934 "(2) That in the event the City of Paducah shall hereafter levy an assessment for the construction of permanent severs of any kind under and along Buckner Lane or any other street, alley or easement on which the property of the said Earle T. Shoup shall abutt, and shall levy same at the cost of the owners of the propert, abutting thereon and to be benefitted thereby, the said Earle T. Shoup, his heirs, devisees, administrators, executors, successors and assigns hereby agree and obligate themselves to pay their respective proportionate part of any assessment so levied, and they waive any statutory defense they may have to a suit for collection of the assessment levied for any permanent sewer improvement which may hereafter be made by the City of Paducah at the cost of the owners of the abutting property. "(3) That, if in later years the property of Earle T. Shoup is incorporated within the city limits of the City of Paducah the said Earle T. Shoup will be occupyin;; a portion of Hillcrest Avenue with said private sewer line at the will of the legislative body of the City of Paducah, and he or his heirs, devisees, administrators, executors, successors and assi6ns hereby aree to forfeit and surrender his or their right to the use of the afore- said private sewer line within ninety (90) days after the completio of said permanent sewer line; also that, in the event said private sewer line as constructed shall be in the way of the permanent sewer when constructed, the said Earle T. Shoup or his heirs, devic es, administrators, executors, successors and assi.gns shall waive any damage claim that might arise, due to his or their loss or usage of said private sewer line, while permanent sewer construction work is in progress. "(4) That in the event a sewer rental charge is levied by the City of Paducah the said Earle T. Shoup or his heirs, devisees, administrators, executors, successors and assigns shall pay his or t�'eir proportionate cost of said sewer rental charge." SECTION 2. This resolution shall be in full force and effect from and after its adoption. Mayor Pro/Tem Passed by the Board of Commissioners October 25, 1943 Recorded by Sarah Thurman, City Clerk, October 25, 1949.