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HomeMy WebLinkAboutOrdinances Book 17, Page 107, Ordinance Number 70-4-313107 -- ORDINANCE NO. 70-4-313 AN ORDINANCE AUTHORIZING, RATIFYING AND AFFIRMING A FRANCHISE GRANTED BY THE BOARD OF PARKS, PLAYGROUND AND RECREATION OF THE CITY OF PADUCAH, KENTUCKY, TO CARLTON WATKINS, TO OPERATE AMUSEMENT FACILITIES AND CONCESSIONS IN NOBLE PARK, AND SETTING OUT THE TERMS AND CONDITIONS OF SUCH FRANCHISE WHEREAS, the Board of Parks, Playground and Recreation of the City of Paducah, Kentucky, is an autonomous board with the power to operate the parks and playgrounds and manage the recreation programs of the City of Paducah, and WHEREAS, Noble Park is one such park which is owned by the City of Paducah and operated by said Board, and WHEREAS, it has been found that to improve the amusement and concession facilities at said park, it was necessary to advertise for and grant a franchise to entice a substantial investment by a franchisee, and WHEREAS, the said Board has advertised for the sale of such franchise, has received bids and selected the best responsible bidder, and has executed a franchise agreement, NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the Board of Parks, Playgrounds and Recreation of the City of Paducah, Kentucky be authorized to execute a franchise for the operation of amusement facilities and concessions in Noble Park in the City of Paducah, Kentucky, between said Board and Carlton Watkins, said franchise agreement being in words and figures as follows: "FRANCHISE "THE BOARD OF PARKS, PLAYGROUNDS AND RECREATION of the City of Paducah, Kentucky, hereinafter referred to as 'Park Board', does hereby grant to CARLTON WATKINS, hereinafter referred to as 'Franchisee', a franchise to operate amusement facilities and concessions, as more fully set out and defined below, in Noble Park, in the City of Paducah, Kentucky, under the following terms and conditions: "1. The Park Board hereby grants to Franchisee for a period of ten years, to commence immediately upon execution of 108 this document, subject to the terms and conditions and privileges herein set out, the exclusive right and privilege to own, operate and maintain all amusements, concessions and facilities, including the sale of food, drink, refreshments, novelties and souvenirs, as hereinafter defined, within the boundary of Noble Park. The term "amusement facilities shall include all riding devices, shows, exhibits, and all other amusement attractions to which an admission or participating fee may be charged, but said term "amusement facilities", or any other provision herein, shall not be deemed to give Franchisee the right to own, operate or maintain a skating rink, swimming pool, tennis courts, areas for the play of sports, or the right to sell food, drinks, refreshments, novelties or souvenirs at any swimming pool or play of sports. It is understood that this is to be an exclusive franchise granted to Franchisee and that neither the City of Paducah, Kentucky, nor the Park Board will grant any rights that will in any way be competitive with the concession granted herein. 2. The hours of operation shall be within the hours the park is officially open to the public, and may be determined by the Director of Parks or the Park Board, but under no circum- stances shall a facility be operated on Sunday earlier than 12;30 P.M. The Franchisee shall comply with all laws and ordinances, giving special attention to laws regulating and applying to litter, health and safety, and no gambling device shall be permitted. The Park Board shall be insured by the Franchisee with an insurer acceptable to the said Board against personal injury damage claims in an amount to at least $100,000.00 for one personal injury and $300,000.00 for all personal injuries caused by one accident, and against property damage claims in an amount of not less than $5,000.00. The facilities shall be located in an area that has heretofore been occupied by similar facilities. By agree- ment between the Franchisee and Park Director with approval of the Park Board, said location may be expanded, altered or changed. 109 The Park Board may change the area where the facilities are so located without permission of Franchisee providing that the Park Board provide Franchisee with a suitable area of equal size and bear the expense of moving the facilities. It shall be understood that any grant of a concession shall be null and void, at the option of the Board, upon the repeated or willful violation of any of the terms or conditions of the agreement. 3. It is understood and agreed between the parties that the Park Board shall first approve all mechanical amusement rides and concessions to be installed by Franchisee and shall give approval as to areas where such rules and concessions are to be placed. 4. The Franchisee shall have the right to employ such servants, agents and employees as he may deem necessary for the performance of his privileges hereunder, and such employees shall not in any sense be deemed employees of the Park Board or of the City of Paducah, Kentucky, by virtue of said employment with Franchisee provided that the Park Board shall have the right to deny access to the Park of any employee of Franchisee who may be quilty of any disorderly, immoral or illegal act or conduct. Neither the Director of Parks nor any member of the Park Board nor member of the immediate family of same shall be employed by Franchisee. 5. As consideration for the concession and privileges granted under this franchise, Franchisee agrees to pay to the Park Board, its successors and assigns, during the term of this franchise Five percent (5%) of the gross receipts realized by Franchisee from his operations hereunder. Gross receipts as used above includes all monies received or realized by Franchisee from the sale of merchandise and from the operation of the amusement concessions and facilities, or any rental thereof, expressly excluding all sales tax or State and Federal admission tax or any other tax in the event same may be levied. Franchisee agrees to keep an accurate set of books reflecting the gross receipts so realized by him, which books 110 and supporting documents therefor shall be subject to inspection of the Park Board or its auditor, or the City of Paducah, Kentucky, or its auditor, at reasonable times and upon proper demand. Pay- ment of any amount due the Park Board hereunder shall be made monthly within tendays after the close of each monthly period during the term of this franchise or any extension thereunder. 6. The Park Board agrees to provide for Franchisee the service of picking up refuse properly placed in containers, and of patrolling the area with Park Policemen as the rest of Noble Park is patrolled. The Park Board will further furnish Franchisee with reasonable quantities of city water and sewage disposal. 7. It is agreed that Franchisee shall have the option of renewing and extending this franchise for an additional Ten (10) years under the same terms and conditions expressed herein. To renew said franchise, Franchisee shall so notify the Park Board, or its successors, in writing delivered or mailed to the office of said Park Board, no later than January 15, 1980. 8. It is understood and agreed between the parties that this franchise is not to be sold or assigned by the Franchisee without the written consent endorsed thereon of the Park Board, or its successor or assign;however, this prohibition of assignment is not to be construed as to prohibit Franchisee from assigning his interest to a corporation whereof Franchisee owns not less than Fifty-one percent (5154.) of the voting stock of said corporation. 9. Any permanent buildings, structures, or improvements erected on the premises of Noble Park under this franchise may be purchased by the Park Board, or the City of Paducah, Kentucky, at the end of this franchise, or any renewal thereof, for a consideration of One Dollat ($1.00) per structure. 10. This Franchise Agreement and all terms therein, shall be binding on Franchisee, and his heirs, devisees and assigns, and on the Park Board and its successors and assigns." SECTION 2. That this Board ratify and affirm all actions hereto- fore taken by the Board of Parks, Playgrounds and Recreation in relation to the accomplishment and execution of the Franchise III Agreement set out in Section 1 hereof, as if any and all matters required, or which might be required by the City had been done by the City to authorize and let such franchise or to permit the use of its property for such purposes. SECTION 2. This ordinance shall be introduced 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, and if adopted shall be in full force and effect ten (10) days thereafter. Mayor Introduced by the Board of Commissioners April 7, 1970 Passed by the Board of Commissioners April 14, 1970 Recorded by Sarah Thurman, City Clerk, April 14, 1970.