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HomeMy WebLinkAboutOrdinances Book 12, Page 321, No Ordinance Number321 AN ORDINANCE AMENDING SECTION 1 OF AN ORDINANCE ENTITLED: "AN ORDINANCE PROVIDING FOR THE GRANTING OF PERMITS TO CERTAIN NON-RESIDENTS OF THE CITY OF PADUCAH, KENTUCKY, FOR THEIR USE OF THE CITY SEWERS; FIXING THE ANNUAL RENTAL TO BE PAID FOR THE USE OF SUCH SEWER CONNECTIONS; PRESCRIBING THE TERMS AND CONDITIONS TO BE CONTAINTED IN THE AGREEMENTS UNDER WHICH SUCH PERMITS SHALL BE GRANTED; AND AUTHORIZING THE CORPORATION COUNSEL TO INSTITUTE AN INJUNCTION SUIT AGAINST ANY SUCH NODI -RESIDENT OR NON-RESIDENTS WHO SHALL FAIL OR REFUSE TO ACCEPT SUCH PERMIT SUBJECT TO THE TERPIS AND CONDITIONS CONTAINED IN SAID AGREEMENT, OR TO PAY THE RENTAL SPECIFIED THEREIN", WHICH WAS ADOPTED BY THE BOARD OF COMMISSION ERS OF THE CITY OF PADUCAH, KENTUCKY, JANUARY 23, 1951. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That Section 1 of an ordinance containing the title quoted above, which ordinance was adopted by the Board of Commissioners on January 23, 1951, be and the same is hereby amended and reordained so that said section as amended and reordained shall read as follows: "SECTION 1. That the Mayor be authorized to enter into and execute for and on behalf of the City of Paducah, an agreement with each of the above names non-residents, said agreement to provide for the granting of a permit to each for the use of the city sewers and to be in words and figures as follows, to -wit: "THIS AGREEMENT, made and entered into by andbetween 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 secondpart. W I T N E S S E T H : THAT for and in consideration of the agreement of the Licensee to pay to the City the sum of ;;25.00 per year, said sum to be payable on each April -1 in advance, beginning on April 1, 1951, the City does hereby grant unto the Licensee, subject to theterms and conditions contained herein, the right and privilege to continue the connection of her private sewer line onto the line which connects with the city sewer „ said private connection providing 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: (1) That; the entire expense for maintainir,� said sewer lane exten- sion, or for 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 furnishi.ngany sewa Te rer%,i ce l„ rte- :,gin nr rv_ s+. ti — 2 322 page in the city sewer or in any extension thereof, or by reason of the in- adequacy 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 assessment for the construction of permanent sewers of any kind under and along Sunset Avenue or any other street, alley or public way on which the property of the said Julia Husbands shall abut, and shall lawfully levy same at the cost of the owners of the property abutting thereon and to be benefitted thereby, the said Julia Husbands hereby agrees and binds herself, her heirs, devisees, administrators, successors and assigns that the City shall have a lien upon the above described lands as security for the payment of the respective proportionate part of any assessment so levied against it, and that they will waive any statutory defense they may have to any suit for the 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, which agreements are covenants running with the land. (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 pccupying 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, administrators, executors, successors and assigns shall waive any damage claim that might arise, doe 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 Licensee agrees that the City shall have the right, at itsoption, 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 given, at any time prior to February -1 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 1. IN TESTIMONY WHEREOF, the parties have hereunto subscribed their names this the day of 1951. ATTEST: ------------------------------- City Clerk 7 CITY OF PADUCAH, KENTUCKY By Mayor Julia Husbands If SECTION 2. This ordinance shall be in full force and effect from and after its adoption. 4t/T-'1ay . or Passed by the Board of Commissioners March 20, 1951 Recorded by Sarah Thurman, City Clerk, March 20, 1951.