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HomeMy WebLinkAboutOrdinances Book 12, Page 318, No Ordinance Number318 / AN ORDINANCE PROVIDINT FOR THE GRANTING OF A PERMIT TO L. E. CUNNINGHAM TO CONSTRUCT A SANITARY SEWER ON NORTH THIRTEENTH STREET BETWEEN THOMPSON AVENUE AND RUDY AVENUE IN THE CITY OF PADUCAH, KENTUCKY; PRESCRIBING THE TERMS AND CONDITION TO BE CONTAINED INS AID CONTRACT; AND AUTHORIZING THE MAYOR, FOR AND ON BEHALF OF THE CITY OF PADUCAH, TO EXECUTE SAID CONTRACT FOR THE PURPOSE OR GRANTING SAID PERMIT BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah grant to L. E. Cunningham the right and privilege to construct a sanitary sewer on North Thirteenth Street between Thomspon Avenue and Rudy Svenue in the city of Paducah, Kentucky; and that the Mayor be authorized to enter into and execute, for and on behalf of said city, an agreement with the said L. E. Cunningham which shall be in words and figures as follows, to -wit: "THIS AGREEMENT made and entered into between the City of Paducah, a municipal corporation of the second class of the State of Kentucky, (hereinafter called the City), party of the first part, and L. E. Cunningham, (hereinafter called the Licensee), party of the second part; W I T N E S S E T H That the City of Paducah, subject to the terms and conditions herein contained, does hereby grant to the Licensee the right and privilege to construct a sanitary sewer on North Thirteenth Street from Thompson Avenue to Rudy Svenue in the city of Paducah, such privilege being granted upon the following terms and conditions: (1) All expense for labor and materials furnished and used in connection with the construction of said sewer shall be paid by the Licensee. (2) The Licensee shall obtain and file with the City the per- formance bond and liability insurance policy as required under the provisions of the ordinance relating to the granting of permits for making excavations in streets. (3) The laying of said sewer and all work in connection there- with shall be done in accordance with plans and specifications furnished by the City Engineer, and all work shall be done under his direction and control. (4) Said sewer, after its construction by the Licensee, shall be- come the property of the city which shall assume the responsibility for its maintenance and repair, but any other user will be afforded the privilege of tapping on to such sewer by obta ining from the City of Paducah the necessary permit- for such privilege. 0 (5) That ih the event the City shall hereafter lqwfully levy an assess- ment for the construction of permanent sewers under and along Thirteenth street between Thomspon Avenue and Rudy Avenue, or any other street, .alley or public way on which the property of the Licensee shall abut, and shall levy same at the cost of the owners of the property abutting thereon or to be benefitted thereby, the Licensee herein agrees and binds himself, his heirs and devisees, and assigns that the city shall have a lien upon such lands as security for the payment of the respective proportionate part of any assessments so levied against said land qnd that he, his heirs, devisees and assigns will waive any statutory defense they may have to any suit for the col- lection of any assessment levied for any such permanent sewer improve- ments, which agreements shall be covenants running with the land. IN TESTIMONY WHEREOF the parties hereunto have subscribed their names, this the day and date first above written. CITY OF PADUCAH, KENTUCKY BY Mayor ATTEST: City Clerk Licensee STATE OF KENTUCKY COUNTY OF MCCRACKEN I, a Notary Public in and for the State and County aforesaid, do hereby certify that the foregoing agreement entered into between the City of Paducah and L. E. Cunningham, was this day produced before me in my aforesaid County and State, and the same was acknowledged before me by Stuart Johnston, the Mayor of the City of Paducah, to be his act and deed as such 14ayor, and the act and deed of said City for the purposes therein stated, and the seal of said City was affixed thereto and attested by Sara Thurman, City Clerk; and said agreement was acknowledged before me by L.E. Cunningham to be his act and deed for the purposes therein stated. Given under my hand and seal of office this the day of 1951. My Commission expires 319 Notary Public, McCracken County, h 320 SECTION 2. This ordinance shall be in full force and effect .from and after its adoption. Y cyr Passed by the Board of Commissionere March 20, 1951 Recorded by Sarah Thurman, City Clerk, March 20, 1951.