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HomeMy WebLinkAbout02813 ORD - 07/06/1950F/575-0-(- /5/5 (5j AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY CF CORPUS CHRISTI FOR AND ON BEHALF OF THE CITY TO MCUTE AN AGREEMENT WITH THE KARPARK CORPORATION TO PURCHASE FROM IT 100 - TWIN -O MATIC AND 45 UNI -MATIC AUTOMATIC PARKING METERS AT THE PRICE OF $84.00 PER TWIN UNIT AND $45.25 PER UNI UNIT, A TOTAL OF $10,436.25, IN- CLUDING STANDARDS AND COLLARS, FOB CORPUS CHRISTI, BUT NOT INCLUDING INSTALLATION,IN ACCORDANCE WITH THAT CERTAIN BID PROPOSAL OF JUNE 8, 1950, DULY ACCEPTED BY THE CITY; SAID CONSIDERATION TO BE PAID FROM RECEIPTS OF SAID METERS; A COPY CF WHICH BID PROPOSAL AND SAID CONTRACT ARE ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS SECTION I. That the City Manager for and on behalf of the City of Corpus Christi be and he is hereby directed and author- ized to execute an agreement with KARPARK CORPORATION to purchase from it 100Twin- O -Matic and 45- Uni -Matie Automatic Parking Meters at the unit price of $84.,00 per Twin meter and $45.25 per Uni- Meter, a total of $10,436.251 including standards and collars, FOB Corpus Christi, Texas, but not including installation, in accordance with that certain bid proposal of June 8, 1950, duly accepted by the City, said consideration to be paid from receipts from said meters; a copy of which bid proposal and contract are attached hereto and made a part hereof, to -nit: al�13 INSTALLATION It is agreed that the Company will furnish an engineer to assist the City in making the final meter location survey, to supervise the installation of the standards and also to properly train the City appointed maintenance man. The Company will install standards and meters at a cost of $3.50 per meter. The City will reimburse the Company for the cost of installing the standards and meters out of the first revenues received from the meters. The City may elect to install and paint standards and collars with the assistance and under the supervision of a Company engineer. The City shall reimburse itself for the cost of installing standards and collars from the first revenues received from the meters. PAYMENT Out of the Parking Meter Fund in which the City shall keep all receipts from meters, disbursements shall be made as follows: 1. As provided in Installation Paragraph. 2. 50% of collections to be remitted to the Company on or before the tenth (10th) day of each month, until the Company has received payment in full for said meters, the remaining 500/. to be retained by the City. The City will permit the Company at all reasonable times, to have access to the said books and records for checking and auditing the receipts from the operation of said meters until the full purchase price shall have been paid. SHIPMENT Shipment will begin within 30 days after receipt of formal order accompanied by full and final instruc- tions, unless prevented from so doing by strikes, lock -outs, riots, or inability to obtain any necessary part, or by restrictions or acts of the Federal Government or acts of God, or other causes beyond the control of the Company. CITY ENFORCEMENT AND MAINTENANCE The City agrees to enact and enforce all ordinances and resolutions relating to the installation and operation of said parking meters and also to maintain said parking meters installed in good operating condition until they have been paid for in full. GUARANTEE The Company warrants meters against defective workmanship and material for twelve (12) months from date of installation and will repair or replace such parts within the twelve (12) month period. It is expressly understood, however, that warranty shall not include the repair or replacement of meter parts damaged through accident, malicious mischief, or acts of God, and the City expressly agrees to reimburse the Com- pany for repair parts or replacement of meters so damaged whether during the process of installation or until meters are fully paid for. All costs of removal and replacement of damaged parts or damaged meters, including labor costs, together with transportation charges shall be paid by the City. THE KARPARK CORPORATION 2453 Gilbert Avenue • Cincinnati 6, Ohio A PROPOSAL TO THE CITY OF COFPUS CHEISTI, TEXAS FOR THE PURCHASE OF 400 ate, L�S9 KARPARK AUTOMATIC PARKING METERS. 300 KAItP0 . TS +1IN -PATE Meter Head Complete (delivered price) $80.00 each Met r Standard (2'0" I.D.) and Collar of 4.00 each Instcllation 4.00 each (Coin counter not included in above meter.) The above unit price includes one coin box with open to-,D and a collection cart, but if the City desires to use two sealed coin boxes with each meter and one carryinp case for every thirty meters, add $1.50 to the above unit pri ^.e per meter.) 100 KAT -T.,FZ MATCHING SINCLF HEAD Meter Head Complete (delivered price) $42.25 each r Standard (21' I.D.) and Collar It 3.00 each Instnlla.tion 3.50 each "Coin counter not included in above meter.) The above unit Qrice includes one coin box with open top End a collection cart, but if the Citv desires to use tvo sealPri coin boxes with each meter and one carrying case for every thirty meters, add 41.25 to the above unit price per meter. EXTRA MATERIIAL FURNISHED FFEE 1. Three (3) mechanisms and one (1) housin for each one hundred (100) meters purchased. 2. Free spare parts for each one hundred (100) -meters _ urchased as per the attached sheet. fI bo ✓,.;. prig is uarar�f co/ fo.- a �ario d of o.�c yEar ""o rrcd'� your r yuirernc�fs� as nECded. TAXES The Company shall be reimbursed by the City for any taxes which it may be required to pay which may be assessed as a result of the installation and /or use of such meters. TITLE Title to the meters shall be vested in the City upon shipment. The Company agrees that upon complete pay- ment of the entire purchase price of the meters written evidence of such payment will be delivered to the City. REPOSSESSION By reason of failure of the City to perform any of its warranties and obligations under this contract the Company shall have the right to take immediate possession and reacquire title to all meters purchased. This right shall be in addition to and not in substitution for any other right or rights at law or in equity to enforce perform- ance by the City of any of the terms of this contract on its part to be performed. In the event that the Company shall repossess the said parking meters, it shall not be accountable to the City for the disposition of said repos- sessed parking meters, and the City shall remit any balance to the Company of its proportionate share of the re- ceipts from the operation of said meters to the date of their removal, and the Company shall be entitled to keep, without accounting to the City therefor all monies paid to it on account of said parking meters. EXPIRATION This proposal is made subject to acceptance by the City within sixty (60) days from the date submitted. PROPOSAL ALTERATIONS No agent of the Company or official of the City shall have the power or authority to alter the terms and conditions of this agreement except its President, Vice - President, Secretary or Treasurer. No other representations, or agreements, written or oral, express or implied, have been made by either party, and this contract comprises the entire agreement affecting this order. This proposal has been executed this 10th day of May , 19-59-- THE KARPARK CORPORATION President THIS AGREEMENT made this L�f"` day of 4 � 19- between THE KARPARK COR- PORATION, a Corporation organized and existing under the laws of the State of Delaware with its principal office at 2453 Gilbert Avenue, Cincinnati 6, Ohio (hereinafter called "the Company "), party of the first part and the CITY OF ' • (hereinafter called "the City"), party of the second part, WITNESSETH: WHEREAS the Company duly filed its proposal in writing for the furnishing of automatic parking meter units in the City, which proposal was on duly accepted by the City. NOW THEREFORE, it is hereby mutually agreed by and between the parties hereto as follows: 1. That the Company will furnish to the City in full compliance with the Company's proposal AUTOMATIC PARKING METERS, at and for the price of er each parking meter, or a total price ofaE)rar iMllsii is 2. That the City, in consideration of the above, hereby agrees to pay to the Company the aforesaid strai of at the times, and in the amounts as in the said proposal set forth, and otherwise the City agrees to do and perform all matters and things required of it under the said proposal. 3. The Company's said proposal is by this reference made a part of this contract as though specifically incor- porated and set forth herein. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly author- ized officers the day and year Furst above written. CITY OF__ ................ BY............. ................................... 1fa itr TITLE- --�'- �•.......- WITNESS: Arm# ..............................................••---------.......--- caygm , THE KARPARK CORPORATION TITLE ----- -- ---- .................... .............. .................. WITNESS- .................... SECTION II. The traffic conditions of the City of Corpus Christi requiring the installation of additional meters creates a public emergency and imperative public necessity requiring the sus- pension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its intro duction and that such ordin- ance or resolution shall be read at three several meetings of the City Council, and the Mayor, having declared such emergency and neces� sity to exist, requesting the suspension of said Charter rule and that this ordinance be passed finally on the day it is introduced and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED. PASSED AND APPROVED, This the_day of July, 1950, MkYOR OF THE TTESTED: City of Corpus Christi,Texas City-Secretary APPR VED AS TO LEGAL FORK: City Attforney Corpus Christi, Texas 1950 TO THE L1E HERS OF TH3 CITY COMICIL Corpus Christi, Texas Gentlemen: For the reasons set forth in the emergency clause of the fore- going ordinance, a Public emergency and imperative necessity exist for the suspension of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, hereby request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council, Respectfully, 1 1YOR City of Corpus Christi, Texas The Charter rule vas suspended by the following vote: Leslie Wasserman Jack DeForrest T Barney Cott Sydney E. Herndon George L. Lowman The above ordinance was passed by the following vote: Leslie 'Nasserwaa Jack yeForrest Barney Cott Sydney E. Herndon George L. Lowman