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HomeMy WebLinkAboutOrdinances Book 12, Page 89, No Ordinance Number89 AN ORDINANCE PROVIDING FOR THE LEASING OF TSE DUMP ON NORTH SIM STREET IN TfiE CITY OF PADUCAH, KENTUCKY, TO THE MUNICIPAL SERVICE AND SUPPLY COMPANY FOR USE AS A SITE FOR WE COLLECTION AND DISPOSAL OF GARBAGE AND RUEBISH; AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE SAID IE ASE FOR AND ON BEHALF OF THE CITE OF PADUCAH; AND PRESCRIBING WE TERP,S AND CONDITIONS TO BE CONTAINED HEREIN BE IT ORDAINED BY '!HE BOARD OF CO11MISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah lease to the Municipal Service and Supply Company, a corporation of the State of Kentucky, for a period of one year and hour months, beginning September lst, 1950, the dump on North Sixth Street in said city for use as a site for the disposal of garbage and rubbish, and the ::Mayor M and the City Clerk are hereby authorized and empowered, for and on behalf of the i City of Paducah, to enter into and execute and deliver to said company a lease I! I; which shall be in words and figures as follows; to -exit: "This Lease, made and entered into this the day of July, 1950, by and between the City of Paducah, a municipal corporation of the second class of the Commonwealth of Kentucky (hereinafter referred to as the "City"), party of the first part, and the Municipal Service and Supply Company, a corporation created, organized and existing under the laws of the State of Kentucky, having its principal office and place of business in the City of Louisville, Jefferson County, Kentucky (hereinafter referred to as the IfLessee"), party of the second part; IffITWE SSEIH" : Subject to the terms and conditions hereinafter provided, the City hereby leases to the Lessee for a period of one (1) year and four (4) months, beginning September 1st, 1950, a certain tract of land at the southwest corner of the in- teraection of Sixth and Flournoy Streets in the City of Paducah, Kentucky, for use as a garbage and rubbish dis- posal site, said tract of land being more particularly des- cribed as follows, to -exit: "Beginning at the southwest corner of the inter- section of S9xt_4 and Flournoy Street; 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." W IN CONSIDERATION WHEREOF, the Lessee binds himself and agrees to collect all city garbage without charge during the aforesaid period, including garbage collected from the jail at the City Hall, from the kitchen of the fire department, and from all cafeterias and other eating places in the pub- lic schools of the city; to dispose of all city garbage and rubbish without charge for the same period; and to dispose of such garbage and rubbish in the manner provided in Clause III of this lease. IT IS MUTUALLY COVENANTED AND AGREED BE WEEN TRE PARTIES HERETO AND IS A PART OF THE CONSIDERATION4 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 con- sumption 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, grass, broken crockery and similar household trash, and any other kind of trash or waste material except garbage, trees and tree limbs. (II) The above described property shall be used as a place for the disposal of garbage and rubbish and for no other purpose. (III) 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 suffi- cient amount of earth to eliminate all foul odors and in such manner as will create a nuisance, or be offensive to any person or dangerous to human health. (IV) The word "nuisance" as used herein shall wean and include all decayed flesh, fish, fouls, vegetables or other unwholesome substance of any kind or description what- ever, or garbage or rubbish as defined herein, that is un- sightly, offensive to any person, dangerous to human health, or renders the aforesaid dumping site injurious to health. (V) The City reserves the right, by and through its City Engineer, to pay 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 said lands, those portions of the above described real estate which the Lessee shall not use as a place for the dumping of garbage and rubbish. (VI) The Lessee shall only use in his garbage and rubbish collection service motor trucks which are specifically constructed for the hauling of ggrbage and rubbish, and shall strictly comply with all ordinances of the City of Paducah relating to sanitation, as well as with all rules and regulations of the City -County Health Department by which the residents of the city are also governed. (VII) 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 thereof, without the approval of the Board of Commissioners of the City. (VIII) 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 contained here- in, the City shall have the right to cancel this lease and to immediately take possession of the above described property, and no notice to quit, or demand for said property, shall be necessary to recover the possession of the same. (IX) This Lease, at the option of the City, shall also be void and forfeited in cgse of any violation on the part of the Lessee of any stipulation herein contained. (X) The right and option is hereby granted the Lessee to renew this lease on January lst, 1952, for a further period of five (5) years provided written notice of the renewal there- of shall be given the City within thirty (30) days prior to the expiration of said original term, and said lease, if renewed, shall be upon the same terms and subject to all of the conditions provided herein. IN TESTIl?ONY '.',THEREOF, The City of Paducah has caused its name to be signed by its Mayor, Stuart Johnston, and has caused its corporate seal to be affixed hereto by.he City Clerk, Sarah Thurman, all of which is done pursuant to an ordinance duly adopted by the Board of Commissioners on July 25th, 1950, and as shown by said ordinance of record in Ordinance Book No. page in the office of the City Clerk of Paducah, McCracken County, Kentucky, this the day and date first above written. CITY OF PADUCAH, IC•1V TUC Imo' ATTEST: By _ Ata yor city Clerk If 91 92 SECTION 2. This ordinance shall be in full force and effect from and after its adoption. Adopted by the Board of Commissioners July 25th, 1950 Recorded by Sarah Thurman, City Clerk, July 25th, 1950.