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HomeMy WebLinkAboutOrdinances Book 10, Page 1391, No Ordinance NumberAN ORDINANCE PROVIDING FOR THE LEASING FROM THE DUNCAN METER CORPORATION OF 100 MILLER MULTIPLE -COIN PARKING METERS AND THE PURCHASE OF SAID METERS BY THE CITY OF PADUCAH, KENTUCKY, WHEN THE COST OF INSTALLATION, TOGETHER WITH RENTALS IN THE SUI4 OF x'.7500.40 SHALL HAVE BEEN PAID TO THE DUNCAN METER CORPORATION OUT OF THE REVENUE DERIVED FROM THE OPERATION OF SAID METERS; AUTHORI2] THE MAYOR AND THE CITY CLERK TO ENTER INTO AND EXECUTE A LEASE FOR AND ON BEHALF OF THE CITY OF PADUCAH; AND PRESCRIBING TiE TERMS AND CONDITIONS TO BE CONTAINED IN SAID LEASE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SEC TION 1. That the City of Paducah, Kentucky, lease from the Duncan Meter Corporation one -hundred (100) Miller Multiple -Coin parking Meters, retaining in said lease the right and option to purchase said meters by paying to said corporation the cost of installation and the sum of Seven Thousand Five Hundred ($7,500.00) Dollars fro the revenue from the operation of said meters, and Wayne C. Seaton Mayor of the City of Paducah, and Rudy Stewart, the City Clerk, are hereby authorized and empowered, for and on behalf of said cit to enter into and execute a lease which shall be in words and fig es as follows, to -wit: "(1) The City hereby agrees to lease from the Meter Company and the Meter Company hereby agrees to lease to the City, subject to the terms hereinafter set forth, one -hundred (100) Miller Multiple -Coin Parking meters, (hereinafter called "meters"). The agreed value of the meters shall be seventy-five (k�75.00) Dollars per meter plus actual advances made by the Meter Company as hereinafter provided. The City at any time shall have the option to purchase the meters by applying the rentals which have been paid in :by the City to the Meter Company against the agreed value of the meters and paying the balance then due. (2) The Meter Company shall advance all freight and other costs incurred for the shipment of said meters to the City of Paducah and for delivering the same to the places of installation to be designated by the City. All of said meters shall be installed by the Meter Company at a c¢st of not exceeding $3.50 per meter, which cost shall include) freight, and delivery expense and all other advancements made by the Meter Company. The meters shall be installed within thirty (30) days from the date of this Agreement and the Meter Company shall provide without charge the services of a competent man to instruct the employees of The City in the proper maintenance of the meters. (3) The Meter Company agrees to allow The City to hire one or more men for maintaining said meters in first-class operat�ng condition until the purchase price therefor has been paid as hereinafter provided and to deduct their salary from the gross receipts to be derived from the operation of said meters bafore the net revenue is computed for the purpose set forth in p ragraph five (5) hereof. Such deductions for maintenance shall bean _ amount equal to Twenty-five (25/) cents oer meter per month. (4) The Meter Company does hereby warrant and guarantee said meters against defects in workmanship, operation, con struction and marerials for a period of one year from datelof installation. The liability assumed under this warranty and guaranty shall obligate the Meter Company to replace without any cost to the City any part or parts which have such defects which are not the result of tampering, maliciousness, asci ant, acts of God, or any other external force or means. 1392 (5) Payments by the City to the Meter Company for freight, delivery and installation costs in a sum not to exceed x;3.50 per meter, as well as the rental of said meters shall be solely from the receipts, funds and revenues obtained from the operation thereof and there shall be no obligation on the part of The City to pay for the same from any other source. The manner of payment therefor shall be as follows: (a) The City shall deduct from the first receipts from the operation of said meters the sum of Twenty-five (25�) cents per meter per month for maintenance costs. (b) There shall then be deducted from said receipts the charges incurred by The Meter Company for freight and delivery costs as shown by its bills and receipts therefor, and also for the installation of said meters. a sum not exceeding $3.50 per meter, and The City shall reimburse the Meter Company therefor. (c) After the aforesaid deductions have been made, all remaining receipts, funds, and revenues from the operation of said meters shall be considered net revent Upon the fifteenth (15th) day after the installation of said meters and each and every thirtieth (30th) day thereafter The City shall pay as rental to The Meter Company fifty (50;) percent of the net revenue from all meters so installed until the City exercises its option to purchase the meters and/or The Meter Company has received the aforesaid reimbursements and has received rentals in the aggregate amount of the agreed value of the meters or until or unless this agreement is terminated or cancelled under the provisic of paragraph seven (7) and eight (8) hereof. (6) The Meter Company hereby grants to The City the right and option to purchase said meters by reimbursing it for the aforesaid advancements and by paying to it from the net revenue as hereinabove provided the sum of Seven Thousand Five Hundred (x7,500.00) Dollars. The option to purchase the same may be exercised by the making of said payments, in which event The Meter Company shall sell, assign and transfer unto The City all of its right, title -and interest in said meters. (7) The Meter Company extends and grants unto The City the option to terminate this agreemeht at the expiration of six (6) months from the date df complete installation by giving The Meter Company written notice thirty (30) days prior to the expiration of said period, but in that event, The Meter Company shall nevertheless be entitled to receive from the City and to retain as rental for the use of said meters Fifty (50%) percent of tje net revenue from said meters, as aforesaid, which shall have accrued during that entire period, and until the meters are removed; and in the event of such cancell- ation of it The Meter Company shall exercise its right to cancel as provided in paragraph ei ht (8) hereof, The Meter Company will, within Thirty (30 days after the expiration of said period, or within Thirty (30) days after the Meter Company shall give to the City written notice of its option to cancel this agreement as provided in paragraph eight (8) hereof, remove all of said meters at its own cost and expense and repair any damage to the places in the pavements or other premises in which said meters were installed, bu restoring the same to as good condition as it was prior to the installation of said meters, and in which event all obligations under the terms of this agreement shall cease and terminate. (8) If at any time prior to the payment in full to The Meter Company of the agreed value, as aforesaid, of all of said meters, the rentals paid to The Meter Company from the date of the complete installation thereof shall have averaged less than Three (0.00) Dollars per month, per meter or if the City shall violate this agreement or default in the full and faithful performance of the terms hereof, then The Meter Company may at its option cancel this agreement by giving to The City written notice of its intention to do so, and at any time after the tenth (10) day following the giving of such notice, If the Meter Company shall have the right to exercise either of these options, it may, with or without legal process or further notice of any kinet enter upon the premises where said meters may be installed or kept and 1393 remove or retake the same for its own use, but shall remove or retake the same at its own expense within Thirty (30) days after the giving of said notice as provided in paragraph seven (7) hereof, and the Meter Company shall be entitled to receive from the City as rental for said meters use Fifty (50%) percent of the net revenues as aforesaid until they are removed as provided herein. Nothing herein contained shall be construed to in any way limit or affect the right of either The Meter Company or the City to pursue or enforce any remedy provided by law in the event of a breach of this agreement. (9) If at any time prior to the payment In full to The Meter Company of the agreed value, as aforesaid, of all said meters any taxes are levied on meters installed, such as personal property tax, sales tax, or use tax, such taxes will be advanced by The Meter Company, and The City shall reinburse The Meter Company in full from the gross receipts of the meters before the net revenues is computed for the purposes of paragraph five (5) hereof. (10) It is understood and agreed that the title to all said meters shall be and remain in The Meter Company until and unless the aforesaid installation costs and the full agreed value thereof, as aforesaid, shall have been paid in cash to the Meter Company by the rentals which it is entitled to reveive. (11) The Meter Company agrees that if the City pays by reimbursement to the Compagay the aforesaid installation costs and pays as rentals the full agreed The of said meters. as aforesaid, it will deliver to `The (lity a bill of sale therefor, free and clear of all encumbraches. (12) The Meter Company further covenants and agrees that it is the lawful owner of said meters and that the same are free and clear of all liens, contracts or conditional sales, chattle mortgages, and other encumbrances, and that the Meter Company has a lawful right to lease, dispose of, and sell the same, and that it will warrant and defend its title thereto against all claims whatsoever. (13) The Meter Company agrees to furnish the said meters with a mechanism regulated as to time as shall be mutually agreed to between The City and the Meter Company and equipped with two slots, if so ordered by the City to receive coins of the denomination of ly1 and 5�, and will be set to allow; 12 minutes for 1 cent and 36 minutes for 3 cents 24 minutes for 2 cents and 48 minutes for 4 cents 60 minutes for 1 nickel, or 5 pennies 120 minutes for 2 nickels, or 10 pennies or at any other available rate combination which may be mutually agreed upon. (13a) It is understood and agreed that in case The Meter Company is delayed in the delivery of said meters on account of any strikes, lockouts or other labor trouble, or any fire, war, tornado, flood, embargo, shortage of transportation, material or labor, insurrection, civil commotion, or other cause beyond the direct and immediate and s6ld control of The Meter Company which may interfere with or delay the manufacture or delivery of said meters or any parts thereof, The Meter Company shall not be liable for any failure or delay to furnish and install said meters within the aforesaid thirty (30) days period, but said meters shall be furnished and installed within ninety (90) days from the date of this contract in any event, and upon the failure of the Meter Company so to do, The City shall not be obligated to purchase said meters. (14) It is agreed that the Meter Company may assign this agreement, or the benefits thereunder, in whole or in part, PROVIDED HOWEVER¢ that such assignment shall not release the Meter Company from its primary obligation to perform and keep all agreements and conditions of The Ii'eter Company hereunder. When so assigned, it shall inure to the benefits of the assignee. 1394 (15) The City warrants that all necessary and proper steps have been taken by the duly constituted Governmental and Municipal authorities authorizing the execution of this ' agreement, and that all necessary or proper ordinances and/ or resolutions have been adopted authorizing and providing 11 for the installation of said meters and the operation thereof, and agrees that it will police the said meters �J%fdternstallation, and shall properly enforce all ordinances resolutions pertaining thereto. arees to fund into o6whi heall treceipts from eallt upmetersefurnishedng meter h:.meunder shall be placed and kept. No withdrawals from said special parking meter fund shall be made except as provided in paragraph Five (5) hereof, Provided, however, when the requirements of paragraph Five (5) have been complied with, the City may use as it is authorized by law to do so the remaining Fifty (50) percent of the net revenue to which it is entitled. aent of he or authority to alter theTtermster andOompanconditi ofhave power, agreement except its President, Vice President-; Secretary or Treasurer. This agreement shall not be binding on The Meter Company until accepted and affirmed at its Chicago Office. No other representations and agreements, written or oral, express or implied, have been made by either party. (18) The Meter Company shall execute and deliver to the City a bond in the sum of Wo Thousand (:2,000.00) Dollars acceptable to The City, for the faithful performance of the obligations imposed upon The Meter Company under this agreement, and the City shall not be bound by the provisions of this agreement until said bond has been approved by the legislative body." (19) The Meter Company further agrees and obligates itseld to procure at its expense a public liability insurance policy in form and substance satisfactory to the city, and by the terms of which the insurer shall Protect the City of Paducah, Kentucky, against all liability imposed by law upon it, on account of either damage to property or injuries to persons resulting from accidents caused while said merers are being installed. SECTION II This ordinance shall be introduced at a regular meeting of the Board of Commissioners and remain on file at least one (1) week for public inspection in the completed form, in which it shall ` be put upon its final passage, and if adopted it shall be in full (force and effect ten (10) days thereafter. G_h4ayor Introduced by the Board of Commissioners, April 30th, 1946 Passed by the Board of Commissioners, May 14th, 1946 Recorded by Rudy Stewadt, City Clerk, May 14th, 1946.