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HomeMy WebLinkAboutOrdinances Book 11, Page 735, No Ordinance Number64 735 //_ All ORDINA1,10E FROVIDING FOR THE GRANTING TO PREV''ITT LACKEY, DOI!r,G BUSINESS UNDER THE FIRI.I IIA::E OF iARKI IG t;ET: R ADVERTiSIlM SALES COi,PADZ 0.^ PADUCAH, I O:!- CKi-, VE RI(!_HT A.:D PRIVI, LEGE D TT::^ A PsP.IOD OI :'IVE YEARS TO USE, OCCUPY A:TD A'PTACH To ALL I' ., .-I... ..EMR POLES, PIPES AND STAMARD3 T:T F1:0 ',7ITI-:I;I Tr: CI'PY SIGNS FOR ADVERT13111C PURPOSES, AUT1!.QRIZI:1G THE ::IAYOR A;D CITY CLEM , "OR AND O;s .'_E'IALF OZ T::% CITY 02 PAUUCAH, TO E:;TE:; I:ITO A::D z,rECUTE A CO"T7. ACT GRA::TI-I3UGH P:1VILME3; A::D fRESCRILIN,'; THE TERi..S, CO'r1 jI='AC aL7 AGRIi3;.: ::T TO i;E COITTAI\?M I:i 3UC;i CCI:TR�ICT AN IN ArZ .,?E' E1 AL _..='.EOF. ZZ IT ORDAII:'ED 'DY TI_L ,CARD OF COL `I..:;IDbIEr3S OF TIIE CITY OF PADUCAH, IGNeTUCJM SECTIO-;; 1. That the City of iaducah, 1tentucky, grant unto ire,itt Lackey, doing- business under the firm name of Parking :.Teter Advertisin`. Sales Company of Iaducah, the right and privilege for a period of five (5) years from this date to use, occupy and attach t each and every parking meter pole, pipe or standard thereof within the limits of said city a sin or si;,ns for advertising purposes, a the -Mayor and the City Clerk are hereby autho--zed and empowered f and on behal: of the City of Paducah, to execute a contract which shall be in words and fi,,,ures as follows: 1. "THAT for and in consideration of the license fees to be paid to the City as heroinafter provided, the City hereby grants unto the Licensee the license, right and privilege to use, occupy and attach to each and every parkin,.• meter pole, pipe or standard thereof within the City Limits of said City a sign or sitna, it being understood and agreed tFa t such signs shall be uniform in size and not to exceed three G x a inch si-ns per pole, pipe or standard supportinC such meter, and to be made of durable mateaial and not to be made or used so as to interfere with the principal us of said parkin, meter, and not to contain matter, wording or pictur s which would be morally offensive and not to have any sharp pro- jections which would injure pedestrians. 2. "In consideration of the City's granting suck: rights and pri.vileges, the Liconsee hereby agrees to nay to the City twenty (20,x) percent of the (;Voss receipts collected from the sale of advertininC, apace and the operation or such parking meter advar- tisements, paymentn to be made to the City on tho pifteenth (15t11) of (inch calendar month .Pollowinl; tho month ouch payment is collcctod by the LLcensoe. 3. 736 "The Licensee agrees that he will maintain a full and complete' set of books correctly reflecting the current status of accounts between the Licensee and advertisers, which shall be open f or inspection to and by the officials of the City and to its designated agents and em- ployees; and the Licensee agrees to furnish the City a sworn statement of such accounts if and when requested by the City. 4. "The Licensee agrees that he will not damage the parkinC meters or the supporting poles, posts or standards, and that if such damage occurs he will at his own cost and expense repair such damago re- sulting from such sign inatallation. 5. "The City agrees that during the time this contract is in effect ;the City will not enter into any other contract or Orant any fran- chise, license, right or privilege to any other person authorizing such person to use, occupy and attach any signs or advertising to parking meter poles, pipes or standards. 6. "The Licensee further covenants and agrees that he will obta and file with the Board of Commissioners of the City of i'aducah, a ccntinue to keep in force during the term of this contract, a lia- bility policy or policies conditioned for the benefit of persons suffering injury, loss or dama_,e to their persons or property resultin.rr from any negligence of the Licensee or his agents, servant or employees while installin, said signs or while the same are attached to said parkin,^ meter poles, pipes or standards thereof, and which policy or policies shall also protect the City against any liability which may be imposed by law upon it by reason of the installation of said signs or their attachment to said parking meter poles, pipes or standards thereof after bein.-installed. Said liability policy or policies shall be in the sum of not less than �'10,OCO.00 for the injury or death of any person, and not less than ;:1,000.00 for the benefit of any person -.,.,he may suffer property damage as a result of the negligent installation and maintenance of said signs, and the policy or policies of insurance shall as to form hereof and the solvency of the insurance companies be subject to the approval of the City Treasurer. Said policy or policies, or a certificate of the issuance thereof shall be kept on .f ile in the office of the City Clerk. "in the event that any court of competent jurisdiction for any reason nr.ters an order declaring this contract to be invalid or unconstitutional, or requiring the removal of the sins in- Istalled hereunder, then, and in such event the Licensee will upon I' 737 demand of the City remove said signs at its own expense. It is furth-cr agreed that in the event of litigation involving the validity of this contract or the ordinance authorizing its executio , all court costs and other expense which the City may be required to incur in the handling of said liti�-ation, shall be paid by the Licensee. 8. "This contract and the license, rights and privileges grani ed herein shall be in force and effect for a period of five (5) years, from this date. It is agreed that at the expiration of said origin l five (5) year period, the Licensee shall have the sole right and option to extend the term if the City grants such right and privilege to any person within a period of six (6) months from the date of the expiration of the aforesaid original term. In such event the term shall be extended for an additional period of five (5) years. Provided, however, the Licensee must exercise his right and option of extendin.r� said term by mailing to the City Eanager of the City a written notice of his intention to so extend it not less than thirty (30) days before the expiration of the original term of this contract. 9. "The Licensee shall have a period of six (6) months within which to begin his operations. In the event the Licensee shall fail, at any time after the expiration of said six months' period, to sell advertising space on as many as 35 of the parking meters then maintained by the City, or to remit to the City at any time the revenue produced by the selling of advertising space on as many as 35 of said meters, then, and at the option of the City, this right and franchise may be cancelled and the same shall be of no further force or effect. This option may be exercised by the City by Sivin to the Licensee six (6) months' 'mitten notice of its declaration of a forfeiture by reason of the Licensee's failure to.produce by selling of advertising the amount provided herein, and at the end of said six (6) months' period the Licensee shall immediately remov all advertising suns then installed on said meters. 10. "Upon the violation of any other provision of this contract, or the failure of the "icensee to perform any other provision, the City may, at its option cancel this contract and declare a for feitu e thereof by giving to the Licensee written notice of the exercise of said option :within thirty (30) days after such violation has occurred. If the City shall elect to exercise said option, the Licensee agree to remove all of said siCns within thirty (30) days after reccivinj 1138 the aforesaid notice. 11. "Upon the termination of this contract and the license, riChtz and privileges hereunder, the Licensee shall have ninety (90) days in which. to remove said signs and advertising from said parkin meters." 3CTION 2. This ordinance shall be in full force and effect from and after its adoption. Passed by the Loard of Commissioners August 16, 1949 Recorded by Sarah Thurman, City Clerk, August 16, 1949.