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HomeMy WebLinkAboutOrdinances Book 10, Page 309, No Ordinance NumberPage 309 AN ORDINANCE AU TH9RIZING THE ACCEPTANCE OF THE BID OF PETER PIRSCH & SONS COMPANY OF KENOSHA, WISCONSIN, FOR THE LEASING TO THE CITY OF PADUCAH, KENTUCKY, FOR THE REMAINDER OF THE YEAR 1940 OF ONE (1) NEW TRIPLE COMBINATION PUMPING ENGINE AND ONE (1) II NEW INTERMEDIATE AERIAL LADDER TRUCK, AND AUTHORIZING THE APPROPRIATION OF A SUM NOT EXCEEDING $5,800.00 FOR THE LEASING OF SAID FIRE FIGHTIATG APPARATUS AND EQUIPMIENT DURING SAID PERIOD; iiPROVIDING OPTIONS FOR THE RENEWAL OF SAID LEASE ON JANUARY 1st, 1941 i, AND IN SUBSE(ZUENT YEARS; PRESCRIBING THE CONDITIONS UNDER WHICH ji THE CITY SHALL BECOME THE OWNER OF SAID LEASED PROPERTY; AND AUTHORIZING AND EMPOWERING JAMES P. SMITH, CITY MANAGER, TO SIGN 1 ON BEHALF OF THE CITY OF PADUCAH A LEASE, CONTRACT AND OPTION FOR THE LEASING OF SAID FIRE FIGHTING APPARATUS AND EQUIPMENT: WHEREAS, under and pursuant to a motion duly adopted by the Board of Commissioners at a called meeting held on the 24th i h day of July, 1940, the City of Paducah accepted, subject to the I terms, conditions and specifications hereinafter set out, the bid of Peter Pirsch & Sons Company for the leasing to said City of the following described fire fighting apparatus and equipment: - "One (1) Model 25 - 750 gallon Triple Combination Pumping Engine, and one (1) Model 25 - Intermediate Aerial Ladder Truck with 75 foot ladder with pump booster equipment and i hose baskets." And which fire fighting apparatus and equipment, together and th the I specifications to be complied with by said bidder, are more particularly described and set out in specifications on file I - herein, the same being marked for identification Specifications No. 1 and Specifications No. 2; and, j WHEREAS, it was further provided in said motion that the aforesaid bid would not become binding upon the City of Paducah luntil said Company executed a contract in conformity with the I provisions of this ordinance, and in form and substance satisfactory to the Corporation Counsel; Ij NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: j II SECTION 1. That the bid of Peter Pirsch & Sons Company for the leasing of the above described fire fighting apparatus and equipment to the City of Paducah be, and the same is hereby accepted upon the condition that said company will sign, execute and enter into with the City of Paducah a contract containing the following terms, conditions and agreements:- Page 310 "For and in consideration of the sum of $3000.00 to be paid to said Lessors (meaning Peter Pirsch & Sons Company) in cash upon the acceptance of the above described property by the City, and the further consideration of the agreement of the City to pay monthly during the remainder of the year 1940 the sum of $548.66, the first of said monthly payments to b ecome due thirty (30) days after the delivery of said equipment and the testing and acceptance thereof by said City, said Lessors agree to lease the above described apparatus and equipment to the City until January 1, 1941. As a further consideration for the aforesaid payments, said Lessors grant unto the City the right and option to renew this i lease for a further period of one (1) year beginning January 1st, 1941. The same right and option is granted to said city to renew this lease for further terms of one year beginning on the lst days of January,of each year thereafter. The City may exercise said option for renewal thereof during the first year period beginning January 1st, 1941 by paying the first monthly install- ment in the sum of $548.66 which becomes due after said date. Should the city desire to exercise said options for additional yearly periods, it may do so by paying said Lessors the first monthly installment in the sum of $548.66 which becomes due after the first of the year in which this lease is renewed, and in the event of renewals as herein provided, said City shall continue the payment of said monthly installments of $548.66 during the year or years in which the same shall be renewed. Provided, however, that in the event said options are exercised as herein provided and the City pays to said Lessors monthly installments amounting to the total sum of $22,751.76 including the aforesaid cash payment of $3000.00, this lease shall terminate and said Lessors hereby agree and bind themselves, their administrators, executors and assigns to sell, assign and transfer unto the city of Paducah by bills of sale or other appropriate instruments of writing, all of its rights, title and interest in and to the above described fire fighting apparatus and equipment, and in which event said property shall be sold, assigned, and transferred to the City gree and clear of all liens, claims and encumbrances of every kind, and under said instruments of writing said Lessors will covenant that they are the sole owners of and the only persons having an interest in said property and have full right and power to transfer title to the same. Page 311 The aforesaid options for renewal of this lease shall be • iexercised by payment to said Lessors of the first of the aforesaid rental installments which shall become due after January 1, 1941, ,and by the payment of the first installment of $548.66 which shall '!become due after the first of January of each succeeding year thereafter. The City of Paducah being financially unable to pay from !the revenues appropriated to its Fire Department in the year 1940 the entire purchase price for the above described fire fighting apparatus and equipment, and any contract therefor being in ,violation of Section 157 of the Kentucky Constitution which provides that it shall be unlawful for any city "to become indebted, in any manner or for any purpose, to an amount exceeding, in any year, the income and revenue provided for such year," it is the object, purpose and intent of the parties to this agreement that in consideration of the payment to said Lessors of the sum of $3000.00 in cash and the agreement of said City to make the aforesaid monthly payments of $548.66 until January lst, 1941, said Lessors shall i ,lease to the City the above described fire fighting apparatus and f. equipment until that date, but said City shall not be legally obligated to lease the same beyond that date, or beyond the first of January of any succeeding year unless it shall exercise its option so to do as hereinabove provided. It is, however, the object! purpose and intent of the parties hereto that said Lessors shall grant unto said city the right and option to renew this lease on I January lst, 1941, and on the first day of January of each succeeding year thereafter if payment of the first installment due i after January let in any year is made, and if sufficient revenues are provided in the budget and apportionment ordinance of said city;, during said year or years for payment of the installments due for the renewal of this lease; and in the event said options shall be exercised from year to year as herein provided and the city shall have paid in cash and in the aforesaid montlsly installments the total sum of $22,751.76, said fire fighting apparatus and equipment shall become the property of the city. The following additional stipulations are hereby declared to be a part of this Lease, Contract and Option: - (1) During the time said fire fighting apparatus and equipment shall be leased as hereinabove provided, the city of Paducah shall not be liable to the Lessors for any loss or I damage caused by wear, tear or depreciation on account of use, Page 312 or by fire, lightning, windstorn, flood or any other unavoidable. casualty. Provided, however, the City agrees to have said property insured against loss by fire in an amount satisfactory to the Lessors herein, said policy, or policies of insurance to contain a loss clause payable to the Lessors as their interest appears. (2) The City agrees to pay any taxes which may lawfully be levied against said property while the same remains in its Possession under this lease. (3) Should the city fail to pay any of the aforesaid rental installments within ninety (90) days after the same becomes due, said Lessors may, by giving the city thirty (30) days notice of its intention so to do, terminate this lease and take possession of said property, but said Lessors shall not have the right or option to terminate this lease for any other cause whatsoever." SECTION 2. That there is hereby appropriated by the City of Paducah ;Kentucky, from its revenues in the year 1940 the sul{ of not exceeding $50800.00 for the leasing of the above described fire fighting apparatus and equipment under the provisions of the afore- said contract, and James P. Smith, City Manager, is hereby authorized and empowered, for and on behalf,of the City of Paducah,' to enter into and execute a contract containing the terms conditions and stipulations under which said apparatus and equipment shall be leased. SECTION 3. It being necessary to immediately purchase the above described fire fighting apparatus and equipment in order to protect the property of the City of Paducah and its citizens against loss by fire, an emergency is hereby declared to exist and this ordinance !shall be in full force and effect from and after its adoption. Signed f mayor Passed by the Board of. Commissioners, July 30, 1940 Recorded by Rudy Stewart, City Clerk, July 30, 1940.