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HomeMy WebLinkAboutOrdinances Book 12, Page 346, No Ordinance Number34 Cl / AN ORDINANCE ACCEPTING THE BID OF LEO d. GRANT, DOING BUSIFE33 AS THS RIDGE JANITOR SERVICE OF OAK RIDGE, TENNESS&ti;, FOR THE LEASING OF THE DUMP ON NORTH SIXTH STREET IN THE CITY OF PADUCAH, KENTUCKY, AS A SITE FOR THE DISPOSAL OF GARBAGE AND RUBBISH; AUTHORIZING THE MAYOR TO EXECUTE AND DdLIVER A LEASE TO THE SAID LEO W. GRANT; AND PRESCRIBING THE TERMS AND CONDITIONS TO BE CON- TAINED IN SAID LEASE; WHEREAS, pursuant to a resolution adopted by the Board of Commissioners on March 20, 1951, the City Manager advertised for bids for the leasing of the dump on North Sixth Street in the City of Paducah, Kentucky, to be used as a site for the disposal of garbage and rubbish; and WHEREAS, Leo W. Grant, doing business under the firm name of the Ridge Janitor Service, of Oak Ridge, Tennessee, was the only person who submitted a bid, and it appearing that he has complied with the requirements set forth in the aforesaid resolution; and WHEREAS, it further appearing that the said Leo Vl. Grant proposes to operate a sanitary, well-equipped and efficient garbage collection and disposal system in the City of Paducah; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COPW ISSIONERS OF THE CITY OF PA.DUCAH, KENTUCKY: SECTION 1. That the City of Paducah accept the offer of Leo W. Grant, doing business under the firm name of the Ridge Janitor Service, of Oak Ridge, Tennessee, for the leasing of the dump on North Sixth Street in Paducah, Kentucky, at a rm tal of Fifty (.":50.00) Dollars per month, said dump to be used by him as a site for the disposal of garbage and rubbish, and Stuart Johnston, the 14ayor, whose signature shall be attested by Sarah Thurman, the City Clerk, is hereby authorized, for and on behalf of the City of Paducah, to execute and deliver to the said Leo W. Grant a lease which shall 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 State of Kentucky, (hereinafter called the 'City'), party of the first part, and.Leo W. Grant, doing business under the firm name of the Ridge Janitor Service, of Oak Ridge, Tennessee, (hereinafter called the 'Lessee'), party of the second part; W I T N P S S_ T H That for and in consideration of the sum of Fifty and no/100 (;x50.00) Dollars to be paid to the City on the 1st• clay of each and every consecutive month during the term of this lease, beginning on the 1st day Of r:ay, 1951, the City hereby leases to the Lessee for a term of five ,years beginning, on the 1st- day of i•:ay, 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 Streets; 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 line 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 beginning." As a further consideration for this lease, the Lessee binds himself and agrees to collect all 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 garbage and rubbish in the runner provided in Clause 3 of this lease. It is mutually covenanted and agreed 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 consumption 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 decay -1 flesh, fish, fouls, '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 to hereafter establish streets and other public ways through sa' lards, those portions of the above described real estate which the Lessee shall nc use as a place 'or the dumping of garba�;3 and rubbish. 31,81 (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 City 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 part thereo , r:ithout the approval of the Board of Commissioners of the City. Provided, however, it may be assigned to a corporation organized for the operation of the aforesaid disposal site if the Lessee shall own as much as fifty percent (501) of the capital stock of such corporation:; (8) In the event it is determined by the Board of Commissioners of the City that the Lessee has failed to comply with any of the terms and conditions con- tained 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 have the right to take possess- ion of the above described property, and no other notice to quit or demand for sail 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 to 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. IN TESTIP+IONY WHEREOF, the City of Paducah has caused its name to be subscribed hereto by its I-Sayor, 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 3, 1951, and as shown by said ordinance of record in Ordinance Book No. 12, page 346, in the office of the City Clerk of Paducah, Kentucky, this the day and date first above written. ATTEST: City Clerk CITY OF PADUCiH, KENTUCKY By savor 349 ACCEPTANCE OF LEASE I hereby accept the foregoing lease and agree to all of the terms and conditions contained therein. Dated this the 4th day of April, 1951• oing Business under the firm: names of Ridge Janitor Service " SECTION 2. This ordinance shall be in full force and effect from and after its adoption. Passed by the Board of Commissioners, April 3, 1951 Recorded by Sarah Thurman, City Clerk, April 3, 1951.