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HomeMy WebLinkAboutOrdinance Book 18, Page 104, Ordinance Number 73-3-774ORDINANCE NO. 73-3-774 AN ORDINANCE AMENDING SECTION 13 OF AN ORDINANCE ENTITLED "AN ORDINANCE GRANTING AN AUTHORIZATION TO KELLEY TRANSPORTATION COMPANY, INC., FOR THE ESTABLISHMENT, MAINTENANCE AND OPERATION OF A MOTOR BUS TRANSPORTATION SYSTEM IN THE CITY OF PADUCAH, KENTUCKY, FOR THE TRANSPORTATION FOR HIRE OF PASSENGERS AS A COMMON CARRIER; FIXING THE TERMS AND CONDITIONS OF SUCH GRANT, AND DECLARING AN EMERGENCY TO EXIST", WHICH WAS ADOPTED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY, ON JANUARY 30, 1973 BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That Section 13 of an ordinance containing the title quoted above, which was adopted by the Board of Commissioners on January 30, 1973, be amended and reordained so that same as amended and reordained shall read as follows: "SECTION 13. Performance The Grantee shall immediately, prior to the commencement of any operations hereunder, deposit and maintain throughout the term of the operation hereunder with the City, performance bonds in the sum of $25,000.00 running to the City, which shall be made in the form of a $10,000.00 performance bond with corporate surety, and a $15,000.00 performance bond evidenced by the personal bond of Claude Kelley III, and Curtis Kelley, and their respective spouses, said bonds shall be conditioned as follows: 1. That the Grantee shall fulfill the obligations of this ordinance during its entire life. 2. That the Grantee will pay to the City all sums due the City for any license, tax or other liability including all fines and forfeitures assessed against such Grantee by the final judgment of any court from which or after which judgment no appeal lies, and also to indemnify, defend and save harmless the City against any loss or damage for accidents arising out of negligence in the operation of any vehicles of the holder of this franchise. 3. That said bond shall not be void upon Hirst recovery but recoveries may be had thereon until the full penal sum thereof is exhausted. Provided, it is further agreed and understood that the outstanding 1 liability on the personal performance bond shall be reduced in an j amount equal to 1/48th for each completed month during the contract period, and it is further agreed and understood that the requirement for corporate surety may annually be reduced by the sum of $2,500.00 upon the anniversary date of the contract. It is further understood and agreed that the Grantee shall not be held liable for failure to perform under this contract in the event that fuel shall be rationed or otherwise be made unavailable to the Grantee by public authorities, making it impossible to operate its buses as agreed. Provided, however, that should the Grantee, at any period during the term of this agreement, fail to execute and have in effect the aforesaid corporate surety bond or equivalent deposit in cash or United States Government Bonds as herein provided, or fail to make good any impairment of such bond, cash or United States Government Bonds, then, and in that event, after sixty days written notice to the Grantee, unless said default or impairment is made good within said sixty days, the Board may at its option declare this ordinance void and inoperative. Delivery to the City of a new approved corporate surety bond, bonds, cash or United States Government Bonds, shall, upon the Board's approval, release all prior bonds except as to liabilities then outstanding against said prior bonds or any of them or as prior liabilities if the new bond is made applicable thereto." SECTION 2. This ordinance shall be in full force and effect from and after its adoption, and should any sentence, clause or portion of this ordinance be declared invalid, such invalidity shall in no way affect the remainder of the ordinance. // //i /l -T�— mayor Passed by the Board of Commissioners, March 6, 1973 Recorded by Sarah Thurman, City Clerk, March 6, 1973.