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HomeMy WebLinkAboutOrdinances Book 13, Page 672, No Ordinance Number672� AN ORDINANCE PROVIDING FOR THE LEASING FROM MAGEE-HALE PARK-O-METER COMPANY 50.MODEL H PARK-O-I+IETER HEADS, BRONZE COLOR, AND 150 MODEL "H" PARK-O-METER HEADS, SILVER COLOR, AND THE PURCHASE OF SAID METER HEADS BY THE CITY OF PADUCAH, KENTUCKY WHEN THE SUM OF $9,520.00 IN RENTALS SHALL HAVE BEEN PAID TO SAID COMPANY OUT OF THE REVENUE DERIVED FROM THE OPERATION OF SAID METERS; PROVIDING FOR THE TRADE-IN OF 150 USED METER HEADS; AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AND EXECUTE A LEASE FOR AND ON BEHALF OF THE CITY OF PADUCAH; AND PRESCRIBING THE TEP14S AND CONDITIONS TO BE CONTAINED IN SAID LEASE 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- Male Park-O-Meter Company of Oklahoma City, Oklahoma, 50 Model "H" Park-O-Meter heads, bronze color, and 150 Model "H" Park-O-Meter heads, silver color, retaining in said lease the right and option to purchase said meters by paying to said Company the sum of }j9,520.00 from the revenue from the operation of same, and George G. Jacobs, Mayor of the City of Paducah, and Sarah Thurman, 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 Magee-Hale Park-O-Meter Company, and the said Company hereby agrees to lease to the City, subject to the terms hereinafter set forth, 50 Model "H" Park-O-Meter heads, bronze color, and 150 Model "H" Park-O-Dieter heads, silver color, the agreed value of -the heads shall be 1'?"54.35 each delivered to the City at the City Hall, less a trade-in price for 150 used Mi-Co 2-hour Meters upon the said 150 Model "H" Park-O-Meter heads, silver color, at $9.00 each, making the total net value of the 200 heads in the sum of ;69,520.00. The City at any time shall have the option to purchase the meter heads by applying the rentals which have been paid by the City to the Company upon said net value of the meters by then paying the balance due. 2. The price of each meter to be delivered under this lease in- cludes 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 tp the City Hall, Paducah, Kentucky, not later than 30 days after the execution of this contract of leasing by the City and said Meter Company. 673 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 Dieter Company warrants and guarantees said meters against defects in workmanship, operation and construction of materials for a period of one year from date of delivery. 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, accidents, acts of God or any other external force or means. 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 of 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 hereinabove provided, or from other funds at the election of the City, the sum of vP9,520.00. 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 ex- piration of said trial period. The Company will after receipt of such notice, at its own expense, remove the meter heads and repais 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 Companyts,expense for freight. 674 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 ;13.00 per month per meter, of 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 500 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 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 reimburse 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 and remain in the Meter Company until the agreed value of said meters shall have 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 that encumbrances, and 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 said meters with mechanism regulated as to time and equipped with slots to receive coins as follows: 675 The 50 bronze meter heads shall be equipped so as to permit parking for a total parking time of 12 minutes for 1 cent. The 150 silver meter heads shall be equipped so as to permit parking for a total parking time of 2 hours in periods of 12 minutes for each 1 cent deposited and 1 hour for each 5 cents deposited. 13. It is understood and agreed that in case the Dieter 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, material 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 30 day period, but should the Meter Company fail for any reason to deliver said meter heads within said 30 days the City may elect to cancel this Contract and shall not be obligated to purchase same. 14. 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 authori- ties authorizing the execution of this Agreement, and that all 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 in- stallation, 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 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 676 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 part. SECTION 2. This ordinance shall be introduced at a regular meeting of the Board of Commissioners and remain on file for at least one (1) week for public inspection in the completed form in which it shall be put upon its final passage, however, it being necessary for the public health and safety that the control of traffic in.the city will be better handled by the installation of the aforesaid meter heads, an emergency is hereby declared to exist and this ordinance shall be in full force and effect from and after its adoption. l ayo� Introduced by the Board of Commissioners February 5, 1957 Passed by the Board of Commissioners February 12, 1957 Recorded by Sarah Thurman, City Clerk, February 12, 1957.