Loading...
HomeMy WebLinkAboutOrdinances Book 11, Page 98, No Ordinance NumberAN ORDINANCE PROVIDING FOR VHE LEASIhiG FROM TH3 DUNCAN DIETER CORPORATIOld OF 100 ADDITIONAL MILL:R Ul,TIPLE-COIi1 PARItING :.'ETERS AND THE PURCHASE OF SAID 14ETERS B'i TIIE CITY OF PADUCAH, KENTUCKY, ':7IILN THE COST OF I143TALLATIO111, TOGETHER ':!ITIi :Z,,i TALS IP; ThC SUi:'. OF ;7500.00 SIiALL HAVE BEEN PAID '!O ME DUIICAN METER CORPORATION OUT OF 1513 REVENUE F:ROi? TI -13 OPERATION OF SAID I.:ETERS; AUTHORIZING VIE KA'i01' AND Tit C !TY CLERK TO EidTER INTO AID EXECUTE A LEAS_ FOR A -ND OII DEHALF Or THE CI`IY CP PADUCAH; Ai'D PRESCRI ING TrIE TEM,.S A:ID CONDITIONS TO LE CONTAINED IN SAID LASE BE IT ORDAINED B`C '"HE BOARD OF COUii,:I3SIONERS OF THE CITY OF PADUCAH, KENTUCKY: I SEC TI O' 1. That the City of Paducah, Kentucky, lease from the Duncan Meter Corporation one -hundred (100) additional P.iiller 1W1 tiple-Coil narking meters, retaining in said lease the right and option to purchase said meters by payin to said corporation the cost of installation and the sum of Seven Thousand Five Hundred (;x7500.00) Dollars from the revenue from the operation of said meters, and V.'ayne C. Seaton, i.iayor of the City of Paducah, and Sarah Thurman, the City Clerk, are hereby authorized and empowered, for and on behalf of said City, to enter into and execute a lease which shall be in ovirds and fi_gures as follows, to -,,,.,it: (1) The City hereby agrees to lease from the !.'eter Company and the Dieter Company hereby agrees to lease to the City, subject to the terms hereinafter set forth, one -hundred (100) -.-.:filler I._ultiple-Coin Parkin., Weters, (hereinafter called "meters"). The agreed value of the meters shall be'seventy-five (!;;75.00) Dollars per meter plus the actual advance mrlde by the Dieter 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 Dieter Company against the agreed value of the meters aryl paying the balance then due. (2) The Deter Company shall advance all frei7ht 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 install by The Dieter Company at a cost of not exceeding; •;:3.50 er me ter, which cost shall include freight, and delivery expense and all other advancements made by The i,'eter Company. The meters shall be installed within thirty (30) days from the date of this Agreement and the 1;.eter Company shall provide without char.,e the services of M 59 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:in. condition until the purchase price therefor has bean said as hereinafter provided and to deduct their salary from the Zross 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. Guch deductions for maintenance shall be an amount equal to Elvienty-five (240 cents per meter per month. (4) The i.Teter Company does hereby warrant and guarantee said meters against defects in workmanship, operation, construction and materials for a period of one year from date of installation. The liability assumed under this warranty and guaranty shall obligate the Teter 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, accident, acts of God, or any other external force or means. (5) payments by The City to the I.7eter Company for freight, delivery, and installation costs in a sum not to exceed •;;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 of the part of The City to pay for the sale from any other source. The manner of payment therefor shall be as follo,.s: (a) The City shall deduct from the first receipts from the operation of said meters the sum of 1%%,enty-five (25X) cents per meter per month for maintenance costs. (b) There shall then be deducted from said receipts the charges incurred by The ::Teter Company for freight and delivery costs as shown by its bills and receipts there- for, and also for the installation of said meters, a sum not exceeding •x3.50 per meter, and The City shall reimburse the lZeter 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 revenue. bpon the fifteenth (15th) day after the installation of said meters and each and every thirtieth (30th) day there- after The City shall pay as rental to The :''eter 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 reimbu:•sements 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 paragraphs seben (7) and eight (8) hereof. (o) The r..eter Company hereby grants to The City the right and option to purchase said meters by reimbursing it for the afore- said advancements and by paying to it from the net revenues as hereinabove provided the sum of Seven Thousand give Hundred (•,;7500.' D) 100 Dollars. the option to purchase the same may be exercised by the making of said payments, in which event The deter Company shall se 1, assign and transfer unto the City all of its right, title and interest in said maters. (7) The Deter Company extends and grants unto the City the option to terminate this agreement at the expiration of six (u) months from the date of complete installation by giving The ?,'eter Company written notice thirty (30) days prior to the expiration of said period, but in that event, Vhe I."eter 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 the net revenue from said meters, as aforesaid, which shall have accrued during the entire period, and until the meters are removed; and in the event of such cancellation or if the I::eter Company shall exercise its riSht to cancel as provided in paragrap eifht (8) hereof, The L:eter Company will, within Thirty (30) days after the expiration of said period, or within Thirty (30) days after the I:;eter Company shall give to the City written norice of its option to cancel this a--reement 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 otiter Premises in which said meters were installed, by restoring the sam to as good condition as it was prior to the installation of said meters, and in which event all obliLations under the terms of this agreement shall cease and terminate. (8) If at any time prior to the payment in full to The i.Ieter Company of the agreed value, as aforesaid, of all of said meters, the rentals paid to The i,eter Company from the date of the complete installation thereof shall have averaged less than Three (.;'3.00) Dollars per month, per meter or if the City shall violate this agreement or default in the full and faithful per- formance of the terms hereof, then the deter Company may at its option cancel this agreement by miving 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 ;:Teter Company shall have the right to exercise either of these options, 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 or retake the same for its OM 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) zereof, and The Weter Company shall be entitled to receive from -- - --- 101 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 ti -B right of either The Ileter 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 I.'eter Company of the a. -,reed value, as aforesaid of all said meters any taxes are levied on meters installed, such as personal property tax, sales tas, or use tax, such taxes will be advanced by The I:Ieter Company, and The City shall reimburse The L:eter Company in full from the Cross receipts of the maters before the net revenue is computed for the purposes of paragraph Five (5) hereof. (10) It is understood and a greed that the title to all said meters shall :e and remain in The I::eter Company until and unless the aforesaid installation costs and the full agreed value thereof, as aforesaid, shall have been paid in cash to The I.:eter Company by the rentals which it is entitled to receive. (11) The '.eter Company agrees that if the City pays by -reimbursement to the Company the aforesaid installation costs and pays as 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 i.;eter Company further covenants and agrees that it is the lawful oziner of said meters and that the same are free and clear of all liens, contracts or conditional sales, chattel mortgages, and other encumbrances, and that The L:eter Company has a lawful right to lease, clispose of, and sell the same, and tha it will warrant and defend its title thereto against all claims whatsoever. (13) The meter Company agrees to furnish the said Peters with a mechanism regulated as to time as shall be mutually a. -reed to between the City and The L'eter Company, and equipped with two slots, if so ordered by The City to receive coins of the denomination of V 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 nickles, or 10 pennies m at any other available rate combination which may be mutually tgreed upon. (13A) It is understood and agreed that in case the Eeter ;ompany is delayed in the delivery of said meters on account of .ny strikes, lockouts or other laboP- trouble, or any fire, war, ornado, flood, embargo, shortage of trans;7ortation, material or 102 labor, insurrection, civil commotion, or other.cmuae beyond the direct and immediate and sole control of The i.ieter Company which may interfere with or delay the manufacture or delivery of said meters or any parts thereof, The Iueter Company shall not be liable for any failure or delay to furnish and install said meters within the aforesaid thirty (30) day period, but said meters shall be furnished an? installed within ninety (80) days from the date of this contract in any event, and upon the failure of the ::Teter Company so to do, The City shall not be obligated to purchase said meters. (14) It is agreed that The >:eter Company may assign this agreement or the benefits there•.nder, in whole or in part, PROVIDED 770:13VE-2, that such assi.,nrz?nt shall not .release the Teter Company from its Primary obliZation to perform and keep all agreements and conditions of The i."eter Company hereunder. 1 -hen so assigned, it shall inure to the benefits o.f the assignee. (15) The City warrants that all necessar.j and proper steps have been taked by the duly constituted •-overnmental and Llunicipa authorities authorizinZ the execution of this agreement, and that all necessary or proper ordinances and/or resolutions have been adopted authorizing and providin, for the installation of said meters and the operation thereof, and a`-m:es 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 rece_pts from all meters furnished hereunder shall be placed and kept. 1, 10 withdrawals from sa_d special parking meter fund shall be made except as provided in paragraph five (5) hereof. Provided, however, when the recuirements of parae,raph 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. (17) 110 agent of The Eeter Company shall have the power, or authority to alter the terms and conditions of this agreement except its President, Vice -President, Secretary or Treasurer. This agreement shall not be binding on The Deter Company until accepted and affirmed at its Chicago Office. No other representa- tions or agreements, written or oral, express or implied, have bee made by either party. (18) The Teter Company shall execute and deliver to the City a bond in the sum of Two Thousand („2000.00)-ollars acceptabe to the City, for t.e faithful performance of the obligations impost d upon the Meter Company under this agreement, and the City shall not be bound by the provisions of this aL,.reemcnt until said bond 103 has been approved by the legislative body. (19) The Meter 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 terns of vrhich the insurer shall protect the City of Iaducah, Kentic Icy, against all liability imposed by lave upon it, on account of either dama£-e to property or injuries to persons resulting from accidents caused while said meters are being im talled. SECTION 2. This ordinance shall be Introduced at a regular meeting of the Board of Commissioners and remain on file at least one (1) geek for puolic inspection in the completed form in which it shall (be put upon its final passage, a nd if adopted it shall be in full force and effect ten (10) days thereafter. bidyor Introduced by the —'card of dormiissioners, June 3, 1947 Passed by the Board of Commissioners, June 10, 1947 Recorded by Sarah Thurman, City Clerk, June 10, 1947.