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HomeMy WebLinkAboutOrdinances Book 12, Page 248, No Ordinance Number248/ rC1Mra AN ORDINANCE PROVIDING FOR THE GRANTING OF PERIAITS TO CERTAIN NON - OF THE CITY OF PADUCAH, KENTUCKY, FOR THEIR USE OF TILE CITY SEOlERS; FIXIING THE AI4i UAL RENTAL TO BE PAID FOR THE USE OF SUCH SWIER C011I4ECTION; PRESCRInING THE TERI6 AND CONDITIONS TO BE CONTAINED IN THE AGREEi.V�MTS UNDER I'MICH SUCH PERh1ITS SHALL BE GRANTED; AND AUTHORI'LING THE CORPORATION COUNSEL TO INSTITUTE AN INJUNCTION SUIT AGAINST ANY SUCH NOcI-RESIDENT OR 1401ol-RESIDENTS 'i11HO SHALL FAIL OR REFUSE TO ACCEPT SUCH PERMIT SUuJECT TO THE TER13S AND CONDITIONS CONTAINED IN SAID AGRE5214T, OR T( PAY THE RENTAL SPECIFIED THEREIN VIHEREAS, Julia Husbands, H. K. Meyers, C. IAartin, 71. P. Hall, F. B. Ilelsey Jesse Toof, H. N. Hely, A. G. Lows, A. R. Herndon and rarle T. Shoup, non -residers of the City of Paducah, are the oerners of certain residences which are connected to and served by the city sewer; and WHEREAS, it is deemed advisable not to interfere with their use of said sewers provided they pay a reasonable rental therefor and comply with all of the terms and conditions contained in the agreement under which they are granted the permission to use said sewer; iN071 WEREFORE, BE IT ORDAINED BY THE BOARD OF COM.IISSIOiNERS OF THE CITY OF PADUCAH, KENTUCKY: Q SECTION 1. That the Mayor be authorized to enter into and execute, fbr nom./ and on behalf of the City of Paducah, an agreement with each of the above named S� non-residents, said agreement to provide for the granting of a permit to each ;o,la 3� for the use of the City sewers and to be in words and fi-ures as follows, to-brit: J� fid'`" � �•) "THIS AGREEI1EHT, made and entered into b.i and between the City of Paducah, a municipal corporation of the second class of the State of Kentucky (hereinafter referred to as the "City"), party of the first part, and Julia Husbands of McCracken County, Kentucky, (hereinafter referred to as the "Licensee") party of the second part. W I T H E S S E T II : THAT for and in consideration of the agreement of the Licensee to pay to the City the sum of 4?'25.00 per year, said sum to be payable on each April lat in advance, beginning on April 1st, 1951, the City does hereby grant unto tle Li- censee, subject to the terms and conditions contained herein, the right and pri- vilege to continue the connection of her private sew•rer line onto the line which connects with the city sewer, said private connection providi.riS, sewer service at her residence located on the north side of sunset Avenue west of and adjacent to the city limits, and said private sewer line being connected to the city sewer on 39th street, As a further consideration for the granting of said permit the Licensee does hereby agree: 249 (1) That the entire expense for maintaining said sewer line extension, or any repairs on that portion of said line extending beyond the corporate limits shall be paid by the Licensee and the City shall not assume any responsibility whatever for the maintenance of said sewer line extension or for furnishing any sewage service by reason of any stoppage in the city sewer or in any extension thereof, or by reason of the inadequacy or bad state of repair of either said city sewer or the extension thereof. (2) That in the event the City shall hereafter levy an assessmenf for the construction of permanent sewers of any kind under and along Sunset Avenue or any other street., alley or easement on which the property of the said Julia Husbands shall abutt, and shall levy same at the cost of the owners of the property abuttinc thereon and to be benefitted thereby, the said Julia Husbands, her heirs, devisees, administrators, executors, successors and assigns hereby agree and obligate them- selves 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 Julia Husbands is incorporated within the city limits of the City of Paducah, the said Julia Husbands will be occupying a portion of Sunset Avenue with said private sewer line at the will of the legislative body of the City of Paducah, and she or her heirs, devisees, administrators, executors, successors and assigns hereby agree to forfeit and surrender her or their right to use the aforesaid private sewer line within ninety (90) days after the completion 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 Julia Husbands or her heirs, devisees, adminis- trators, executors, successors and assigns shall waive any damage claim that might arise, due to her or their loss or usage of said private sewer line, while permanent sewer construction work is in progress. (4) That the use of said sewer connection is permissive only and the License agrees that the City shall have the right, at its option, to withdraw and cancel the privileges granted under this agreement by giving to the Licensee written notice of the withdrawal and termination of the permit herein granted. In the event such notice shall be 71veri, at any time prior to February 1st of any year for which a rental has been paid, the Licensee agrees to disconnect her private sewer line and to discontinue the use of the city sewer on the following April is IN TESTIMONY 101HEREOF, the parties have hereunto subscribed their names this the day of January, 1951. ATTEST: CITE OF PADUCAH, KE_1TUCIY By I'm yor - City Clerk Julia ausmands --1r 250 SECTION 2. That the agreement under which such permits shall be granted to the other non-residents referred to in Section 1 hereof shall contain the same terms and conditions which are set forth in the foregoing agreement, except as to the location of the residence to be served by the city sewer. SECTION 3. In the event any of the aforesaid non-residents shall fail or refuse to accept the aforesaid permit subject to the conditions contained in the agreement set forth in Section 1 hereof or shall fail or refuse to pay the afore- said rental when the same shall become due, the Corporation Counsel is hereby authorized and directed to institute in the NeCracken Circuit Court a suit to restrain such non-resident from the use of the sewer aith which his residence is now connected. SECTIOP( 4. This ordinance shall be in full force and effect from and after its adoption. Ida yo � Passed by the =oard of Commissioners, January 23, 1951 Recorded by Sarah Thurman, City Clerk-, January 23, 1951.