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HomeMy WebLinkAboutOrdinances Book 12, Page 672, No Ordinance Number672 / AN ORDINANCE PROVIDING FOR THE LEASING FROM MAGEE-HALE PARK -O -METER COMPANY OF 150 "MODEL G" PARK -O -METER HEADS AND FROM DUNCAN PARKING METER CORPORATION OF 100 AUTOMATON PARKING PIETER HEADS, AND THE PURCHASE OF SAID METER HEADS BY THE CITY OF PADUCAH, KENTUCKY WHEN THE COST OF INSTALLATION, TOGETHER WITH RENTALS IN THE SUM OF X8,475.00 AND $6,000.00 RESPECTIVELY, SHALL HAVE BEEN PAID TO MAGEE-HALE PARK -O -METER COMPANY AND DUNCAN PARKING METER CORPORATION OUT OF THE REVENUE DERIVED FROM THE OPERATION OF SAID METERS; AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AND EXECUTE LEASES FOR AND ON BEHALF OF THE CITY OF PADUCAH, AND PRESCRIBING THE TERMS AND CONDITIONS TO BE CONTAINED IN SAID LEASES, AND DECLARING AN EMERGENCY TO EXIST BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah, Kentucky lease from Magee -Hale Park -O -Meter Company of Oklahoma City, Oklahoma, 150 "Model G11 Park -O -Meters, retaining in said lease the right and option to purchase said meters by paying to said Company the sum of $8,475.00 from the revenue from the operation of said meters, and Robert C. Cherry, Mayor 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 words and figures 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, 150 "Model G" Park -O -Meter heads only, (hereinafter called "heads"). The agreed value of the heads shall be $56.50 each, delivered to the City of Paducah at the City Hall. The City at any time shall have the option to purchase the meters by applying the rentals which have been paid in by t City to the Meter Company against the agreed value of the meters in paying the balance then due. (2) The price of each meter to be delivered under this lease includes the payment of all freight and other charges incident to delivery of said meter heads to the City Hall, Paducah, Kentucky. The Meter Company agrees to deliver said meters for the price herein specified to the City Hall, Paducah, Kentufky, not later than 45 days after the execution of this contract of leasing by the City and said Meter Company. (3) It is agreed that this is a lease of meter heads only and that the installation and servicing of said meter heads is to be the obligation of the City (4) The Meter Company warrants and guarantees said meters against defects in workmanship, operation and construction of materials for a period of one year from date of deliver. 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, accident, acts of God or any other external force or means. 673 (5) Payments by the City to the Meter Company for the rental of said meters shall be solely from the receipts 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: The City shall remit monthly not less than 50% of the receipts from all of said meter heads installed. No other funds of the City shall be liable for payment thereof, however the City may elect at any time to appropriate other funds for use in payment o f all or any part of any balance that may be due on the meter heads under this lease. (6) The Meter Company hereby grants to the City the right and option to purchase said meters by paying to it from the net revenue as here- inabove provided, or from other funds at the election of the City, the sum of $8,475.00. The option to purchase the same may be exercised by the making of said payment, in which event title shall automatically vest in the City and the Meter Company shall sell, assign and transfer unto the City all of its right, title and interest in said meters. (7) The City shall be permitted to terminate this Lease after a trial period of twelve (12) months of actual operation of the meters upon written notice given by the City to the Company at the Commerce Exchange Building, Oklahoma City, Oklahoma, or at such other address as may be hereafter designated in writing by the Company during the thirty (30) day period following the expiration of said trial period. The Company will after receipt of such notice, at its own expense, remove the meter heads and repair any damage caused by such removal, or the City may, at its election, remove said meter heads and return same to said Company at the Company's expense for freight. (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 $3.00 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 10th 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 kind, enter upon the premises where said meters may be installed or kept and remove or retake the same for its own use, but shall remove or retake the same at its own expense within 30 days after the giving of said notice, and the Meter Company shall be entitled to receive from the City as rental for said meters use 50% of the net revenue 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 674 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 reimbruse the Meter Company in full from the gross receipts of the meters. (10) It is understood and agreed that title to said meters shall be i and remain in the Meter Company until the agreed value :of said meters shall have I been paid in cash to said Company by the rentals which it is entitled to receive. (11) 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, chattel 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. (12) 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 slots to receive coins of the denomination 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. or at any other available rate combination which may be mutually agreed upon. (13) 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, meterial or labor, insurrection, civil commotion, or other cause beyond the direct and immediate and sole control of the Meter Company which may interfere with or, delay the manufacture or delivery of said meters or any parts hereof, the Meter Company shall not be liable for any failure or delay to furnish said meters within the aforesaid 45 days period, but should the Meter Company fail for any reason to deliver said meter heads within said 45 days the City may elect to cancel this Contract and shall not be obligated to purchase same. (141, 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 Meter Company hereunder. When so assigned, it shall inure to the benefit of the assignee. (15) The City warrants that all necessary and proper steps have been taken by the duly constituted Governmental and Municipal authorizies authoriz- ing the execution of this agreement, and that all necessary or proper ordinances an /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 resolu- tions pertaining thereto. 615 (16) The City agrees to set up a special parking meter fund into which all receipts from all meters furnished hereunder shall be placed and kept. No withdrawals from said special parking meter fund shall be made except as provided in paragraph 5 hereof. Provided, however, when the requirements of paragraph 5 have been complied with the City may use as it is authorized by law to do so the remaining 50% of the net revenue to which it is entitled. (17) No agent of the Meter 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 Meter Company until accepted and affirmed by it. No other representations or agreements, written or oral, express or implied, have been made by either party SECTION 2. That the City of Paducah lease from the Duncan Meter Cor- poration, 100 Automaton Parking Meter, heads only, retaining in said lease the right and option to purchase said meters by paying to said Corporation the sum of ;6,000.00 from the revenue from the operation of said meters, and Robert C. Cherry, Mayor 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 in accordance with the terms and conditions set forth in Section 1 of this ordinance concerning a similar lease with the MaGee-Hale Park -O -Meter Company; provided, however, that the agreed value of the automaton parking meters shall be N560.00 per meter head, delivered to the City Hall, Paducah, Kentucky. SECTION 3. This ordinance shall be introduced at a regular meeting of the Board of Commissioners and remain on file at least one week for public inspection in the completed form in which it shall be put upon its final passage. It appearing that the regulation and control of traffic in the City of Paducah is a critical matter due to the tremendous influx of vehicles of the Atomic Plant workers, and that the delivery and installation of the parking meter heads at the earliest date possible is essential for the proper policing and necessary traffic control in the down -town traffic section of the City of Paducah, and that prompt installation is necessary for the safety of the publi6, an emergency is declared to exist and this ordinance shall be in full force and effect from and after its adoption. Mayor Introduced by the Board of Commissioners March 1$, 1952 Passed by the Board of Commissioners March 25, 1952 Recorded by Sarah Thurman, City Clerk, March 25, 1952.