HomeMy WebLinkAboutOrdinances Book 9, Page 887, No Ordinance NumberPage 887
AN ORDINANCE PROVIDING FOR THE LEASING OF 3000 FEN
OF FIRE HOSE AND PROVIDING FOR AN OPTION TO PURCHASE SAME FRO]
THE EUREi{A FIRE HOSE MANUFACTURING CO'IPANY, AND PROVIDING THE
1ANNFR OF PAYING SAID LEASING PRICE AND FOR T_IE EXECUTION OF .
CONTRACT OF LEASING."
ZMEREAS, in the year 1932, the Commissioner of Pub'
Safety of the City of Paducah by a void undertaking, attempte
to contract for the purchase of 3000 feet of fire hose from t]
Eureka Fire Hose Mfg. Company in a manner contrary to lwa and
which contract has never been lawfully executed or ratified by the
City of Paducah, and
F,HER AS, the said fire hose was attempted to be
delivered to the fire department of the City of Paducah, and has
been in use by said fire department wrongfully and without any
right so to do, and the said City of Paducah having dlsclai.aed
any interest, title, right or o,,:mership in said fire hose, and
having disclaimed expressly to ratify, approve or carry out said
alleged contract or undertaking attempted to be made between the
Eureka Fire Hose I:lanufactur:ing Company and the Commissioner of
Public Safety of the City of Paducah :in the year 1932; and the
City of Paducah being now in need of such fire hose and being
without funds with which to purchase same, and the Eureka Fire
Hose 'Manufacturing Company desiring to afford the use of said
fire hose 'to the City of Paducah on terms and conditions that
have been mutually agreed to by certain representatives of the
City of Paducah and certain representatives of the Eureka Fire
Hose Manufacturing Company, and
WHEREAS, it is deemed to be fair, e_uitable and just
that the City of Paducah shall pay for the use of said fire hose
the sum of Five Hundred (k500.00) Dollars per year for the period
i
of three (3) years, the first payment thereon to be made on or
about the 15th day of July, 1934, or as soon thereafter as the
contract carrying out the purpose of 'this Ordinance has been
executed and delivered to the parties, and a like sum of Five
Hundred (Sr500.00) Dollars on the 15th day of July, 1935, and a
like sum of Five Hundred (;500.00) Dollars on the 15th day of
July, 1935) and a like sum of Five Hundred (x'!'500.00) Dollars
on the 15th day of July, 1936, - all of said payments being
rental for the leasing and use of said fire hose so long as the
City of Paducah shall keep and use the same pursuant to the terms
of this Ordinance and the contract entered .into pursuant thereto;
provided ho%,.ever, that upon the !payment of said Five (:3500.00)
Page 888
Dollars on July 15th, 1936, or as soon thereafter as the same
may be paid, it is agreed that the City of Paducah, may, by the
payment of an additional One (,51.00) Dollar purchase and have
and hold as its own thereafterwards without further charge, said
3000 feet of fire hose aforesaid.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
COi.i„IISSIONERS OF THE CITY OF PADUCAH:
SECTION 1.
That pursuant to the terms and conditions of the
Preamble aforesaid, the City Manager is hereby authorized and
empowered to execute for and on behalf of the City of Paducah,
a contract for the leasing of the 3000 feet of fire hose hereto-
fore attempted to be delivered to the City of Paducah by the
Eureka Fire Hose Manufacturing Company and referred to in the
preamble, upon the following conditions:
The said City of Paducah, upon the execution of said
contract, but not earlier than the 15th day of July, 1934, shall
pay to the.Eureka Fire Hose Manufacturing Company the sum of
Five Hundred (4500.00) Dollars as a rental for said fire hose
for the period of one year from the 15th day of July, 1934 to
the 15th day of July, 1935; and the City of Paducah will on the
15th day of July, 1935, pay to the Eureka Fire Hose Manufacturing
Company the sum of Five Hundred ($500.00) Dollars as rental
for said fire hose for the period of one year from the 15th day
of July 1935 to the 15th day of July, 1936; and the City of
Paducah will on the 15th day of July, 1936, pay to the Eureka
Fire Hose Alanufacturing Company as rental for said fire hose
for an additional year the sum of Five Hundred (4500.00) Dollars,
malting the total rental for said t_ -see (3) years Five Hundred
Dollars each, and Upon the payment of said third annual rental,
the City of Paducah, shall have the option to purchase said
fire hose by the payment of One (451.00) to the said Eureka
Fire Hose Manufacturing Company, which it may pay or tender with
said third annual I nstal1rient of rent. It is determined, found
and declared by the Board of Commissioners that the amount of
Five Hundred (4.500.00) Dollars per year is a fair, just and
equitable rental to be paid for the use of said fire hose, and
it is agreed by the Eureka Fire Hose i•:Ianufactur:ing Company,'
that upon the payment of said rentals for the _period of three
(3) years as herein provided, it will accept One (1;1.00)• Dollar
in full satisfaction of t-te purchase price of said fire hose,
and the same shall thereupon be and become the property of the
City of Paducah, if it sl-lall so elect to pay One (:;;1.00) Dollar
Page 889
therefor; otherwise :it shall be, remain and continue the
property of the Eurcka Fire Hose Manufacturing Company.
SECTION P.
This Ordinance shall be.in full force and effect from
and after its adoption.
SECTION 3.
This Ordinance shall be construed as provided for the
use and for the leasing from year to year preceeding the right
to exercise said option, and the City of Paducah shall at no
time be held bound or liable for more than the annual rental
for the current year for said fire hose. The keeping, retaining
and using of said fire hose after the adoption of this Ordinance
and the execution of contract hereunder shall be sufficient
indication and evidence of the purpose on the part of the City
of Paducah to continue to carry out and abide by said contract
from year to year as herein provided.
Signed
Ma or
Passed by the Board of Commissioners, June 'Vrla 1954.
Recorded by Rudy Stewart, Clerk June '6`` 1934.
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