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HomeMy WebLinkAboutOrdinances Book 11, Page 534, No Ordinance NumberFI$.IqY " �5 534 AN ORDINANCE PROVIDING FOR TME LEASING FROM THHE MICHAELS ART i BRONZE CO., INC. OF TPIO HUNDRED MI -CO PARKIIIG M:-TERS AWD THE PURCHASE OF SAID METERS BY THE CITY OF PADUCAH, I; ITUC :^l, :7i:,y THC COST OF IN- STALLATION, TOGETHER ,7ITH RENTALS IN THE SUM OF ,`;10,800.00, SHALL HAVE SEEN FAID TO TI -IE MICHAELS ART BRONZE COMPAIdi, INC. OUT OF THE REVENUES RECEIVED FROM THE OPERATION, OF SAID METERS; AUTHORIZING THE MAYOR PRO TEI,: Aro T'E CITY CLERK TO ENTER INTO AND EXECUTE A LZASE FOR AND ON BEHALF OF THE CITY OF PADUCAH; PRESCRIBING THE TERMS AND CONDITIONS TO BE CONTAINED IN SAID LEASE BE IT ORDAINED BY THE BOARD OF C011MISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah, Kentucky, lease from Michaels Art Bronze Company, Inc. a corporation of the State of _ two hundred (200)'I:ii-Co Parkin,- Meters and except as herein modified, that said meters be leased pursuant to the covenanti0, warranties and specifications contained in the written proposal of said company dated April 6, 1943, a cop;; of w; ich proposal is filed herewith and made a part hereof to the same extent as if fully copigd herein, said proposal being marked for identification "Specifications of YI-Co Parking Teters." The city shall retain in said lease the right and option to purchase said meters by paying to said company the cost of installation and the sum of Ten Thousand Eiht Hundred ($10,800.CO) Dollars from the revenue received from th; operation of said meters, and Stuart Johnston, the Mayor Pro Tem, (the Mayor being absent from the city and unable to attend to the duties of h office on account of illness) and Sarah Thurman, the City Clerk, a rq hereby authorized and empowered, for and on behalf of said city, to enter into and execute a lease which shall be in words and figures as follows, to -crit: (1) The city hereby agrees to lease from the Meter Company, i (meaning the Michael Is Art Bronze Co., Inc.) and the IJeter Company hereby agrees to lease to the city, (meaning the City of Paducah) subject to the terms hereinafter set forth, two hundred (200) Mi -Co Parking Meters (hereinafter called "meters"). The a, -reed value of the meters shall be Fifty-four ('54.00) Dollars per meter, plus the 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 Peter Company against the agreed value of the meters and paying the balance then due. (2) The Meter Company shall pay all freight and other casts Incurred for the shipment of said meters to t he City of Faducah, and for delivering the same to the places of installation_ to be a 535 designated by the city, and for installing the same. All of said meters shall be installed by the Meter Company at a cost of not exceeding Four and 50/100 (::-4.50) Dollars not later than July 1, 1948, and the cost shall include @II freight and delivery expense, and all other costs incurred by the i,eter Company, and the Pdeter Company also shall provide without charge the services of a com- petent man to instruct the employees of the city in the proper main tenance of the meters and said Meter Company shall, at the request of the city, pay all expenses (railroad fare, hotel and meals) to have a serviceman of the city visit its factory for a one (1) creek training period. (3) The �,Ieter Company agrees to allow the city to hire one or more men for maintaining said meters in first-class operating condition until the purchase price therefor has been paid as here after provided and to deduct their salary from the gross receipts to be derived from the operation of said meters before the net revenue is computed for the purpose set forth in paragraph five (5 hereof. Such deductions for maintenance shall be an amount equal to 'A-ienty-five (25�) cents per meter per month. (4) The Keter Company does hereby warrant and guarantee said meters against defects in workmanship, operation, constructi and materials, for a period of one year from date of installation. the liability assumed under this warranty and guaranty shall oblig the Deter Company to replace without any cost to the city any part or parts which may prove to be defective, or which have such defec which are not the result of tampering, maliciousness, accident, Acts of God, or any other external force or means. (5) Payment by the city to the L -Teter Company for freight, delivery and installation costs in a sum not to exceed Four and 50/'. (:;4.50 Dollars per meter, as well as the rental of said meters shal be solely from the receipts, funds and revenues obtained from the operation thereof and there shall be no obligation on the part of t city to pay for the same from any other source. The manner of pay- ment 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 Four and 50/100 (q"4.50) Dollars, and the city shall reimburse the T.'eter Company therefor. (c) After the aforesaid deductions have been made, all remain- ing receipts, funds and revenues from the operation of said; meters shall be considered net revenue. Upon the fifteenth (15) day after the installation of said meters and each and every thirtieth (30th) day thereafter t're city shall pay as,, rental to the Peter Company fifty (50/) percent of the net I 536 revenue from all meters so installed until the city exercises, its option to purchase the meters and/or the 1:1;eter 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 provisions of paragraph (7) and eight (8) hereof. (6) The P -later Company hereby grants to the city the right and i option to purchase said meters by reimbursing -it for the aforesaid advancements and by paying to it from the net revenues as herein- (above provided the sum of Ten Thousand, Eight Hundred (7,10,800.00) Dollars. The option to purchase the same may be exercised by the Makin of said payments, in which event the ?deter Company shall sell, assign and transfer unto the city all of its right, title and interest in said meters. (7 ) The Pdeter Company extends and grants unto the city the Option to terminate this agreement at the expiration of six (6) months I1from the date of complete installation by giving the Meter Company written notice thirty (30) days prior to the expiration of s aid period, but in that event, the Pieter 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 t�:e net revenue from said) meters, as aforesaid, which shall have accrued during the entire six months period, and until the meters are removed; and in the event of such cancellation or if the Yeter Company shall exercise its right to cancel as provided In paragraph eight (8) hereof, the Pdeter Company will, within thirty (30) days after the expiration of said period, or within thirty (30) days after the Yeter 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 pavement or other premises in which said meters were installed, by 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 of the lleter Company of the agreed value, as aforesaid, of all of said meters, 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 (10th) day following the giving of such notice, if the Meter Company shall have the right to exercise said option, it may, with or without legal process or further notice of any kind, enter upon the premises where said meters may be installed or kept and remove )r retake the same for its own use, but shall remove or retake the same it its own expense within thirty (30) days after the giving of said 537 notice as provided in paragraph seven (7) hereof, and the Meter Compsny shall be entitled to r eceive from the city as rental for sa meters use fifty (5011f) percent of the net revenues as aforesaid unt they are removed as rrovided herein. Nothing herein contained steal be construed to in any way limit or affect the right of either the Neter 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 meter any taxes are levied on meters installed, such as personal proper tax, sales tax, or use tax, such taxes will be advanced by the Pdete' Company, and the city shall reimburse the Meter Company in full fro the gross receipts of the meters before t -ie net revenue is computed for the purposes of paragraph five (5) hereof. (10) It is understood and agreed that the tital to all said meters shall be and remain in the Meter Company until and unlelss the aforesaid freight, delivery charges and installation costs, ai the full agreed value thereof, as aforesaid, shall have been paid in cash to the i.ieter Company by the rentals which it is entitled receive. (11) The 1:`P -ter Company agrees that when the city pays the aforesaid freight, delivery charges and installation costs, which shall not exceed Four and 50/00 (44.50) Dollars per meter, and al, pays in rentals the full agreed value of said meters, as aforesaid, it will deliver to the city a bill of sale therefor, free and clear of all encumbrances. (12) The Peter 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, chattel mortga es, and other encumbrances, and that the Mleter 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 ;deter Company, and equipped with a slot+ which may so operate the meter as to receive coins of the demonination of 1¢ 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 72 minutes for 6 cents, 84 minutes for 7 cents, etc. (14) It is agreed that the Meter Company may assign this i agreement or the benefits thereunder, in whole or in part, PROVIDED HOWEVER, that such assignment shall not release the Meter Company j 558 from its primary obligation to perform and keep all agreements and (conditions of the Meter Company hereunder. INhen so assigned, it shall inure to the benefits of the assignee. I (15) The city warrants that all necessary and proper steps h ve I been taken b:f the duly constituted governmental and municipal autho- ities authorizing the execution of this agreement, and that all i necessary or proper ordinances and/or resolutions have been adopted authorizing and providing for the installation of said meters and the operation thereof, and agrees that it will police the said meters after installation, and shall properly enforce all ordinances and resolutions pertaining thereto. (16) The city agrees to set up a special parking meter fund into which all receipts from all meters furnished hereunder shall The placed and kept. No withdrawals from said special parking meter I 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 du so the remaining fifty (50%) percent of the net revenue to which it is entitled. (17) The Teter Company shall execute and deliver to the city a bond in the sum of Two Thousand ($2000.00) Dollars with corporate surety acceptable to the city, for the faithful performance of the iobligations imposed upon the :;iter Company under this agreement and which bond shall provide that if all of said meters are not installed before July 1, 1948, the sum of.Tt:o Thousand (~2000.00) Dollars sha11 be paid to the city as liquidated damages for the breach of this provision of the contract, but in this event the '.Teter Company shall be obligated to install said meters within a reasonable time there- after, and the city shall not be bound by the provisions of this agreement until said bond has been approved by the legislative body. I (18) The ?Teter Company further agrees and obligated itself 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, as well as the Pieter Company, against all liability imposed by law upon it, onl account of either damage to property or injuries to persons result ng (from accidents caused while said meters are being installed. If the Meter Company provides for the installation of said meters by an independent contractor, such contractor shall comply with these provisions by furnishing such liability insurance. SECTION 2. This o-^dinance shall be introduced at a regular Jmeeting of the Board of Commissioners and remain on file at least I I� 539 one (1) week for public inspection in the completed form in which it shall be put upon its final passage. It is necessary that said ordinance be made immediately effective if said meters are to be installed prior to July 1, 1948 as provided under the requirements imposed upon the bidders and as the public health, safety and welfare of the city requires that said meters be immediately installed, an emergency is hereby declared to exist and this ordinance shall be in full force and effect from and after Its adoption. Mayor pro Tem Commissioner Edwar Car ic'. Introduced by the Board of Commissioners ;::ay 18, 1948 Passed by the Board of Commissioners, Yay 25, 1948 Recorded by Sarah Thurman, City Clerk, May 25, 1948