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HomeMy WebLinkAbout10862ORDINANCE N0. 10,862 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERIC TO EXECUTE AND ENTER INTO AN AGREaIENT ON BEHALF OF THE CITY OF LITTLE ROCK. WITH THE SHOUP VOTING MviCHINE CORPORATION FOR THE LEASE OF FIVE (5) VOTING MACHINES; APPROPRIATING NINE HUNDRED ELEVEN DOLLARS AND FIFTY CENTS ($911.50) FOR RENTAL OF SAID MACHINES; AUTHORIZING AND DIRECTING THE CITY MANAGER AND DIRECTOR OF FINANCE TO EXECUTE THE NECESSARY WARR "ANT IN PAYMENT THEREOF; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, AR:��PdSAS SECTION I. The Mayor and City Clerk are hereby authorized and directed to execute and enter into an Agreement on behalf of the City of Little Rock with the Shoup Voting Machine Cor- poration for the lease of five (5) voting machines, which A;ree- ment shall be in form and words as follows: pp0- 0_a c`w "AGREEMENT made this day of October, 1958, by and between THE SHOUP VOTING MACHINE CORPORATION, a New York cor- poration, having its principal place of business at 41 East 42nd Street, New York, N.Y. (sometimes hereinafter called - Shoup') and CITY OF LITTLE ROCK, 21,.M'iNSAS, by the �L -MR AND CITY CLEP.I, OF LITTLE ROCK, ARKANSAS, (sometimes hereinafter called the "City`'). W I T N E S S T H: WHEREAS, the parties are desirous of reducing to writing the terms of an agreement under which the City agrees to lease and Shoup agrees to lease or sell certain voting machines, NOW THEREFORE, in consideration of the mutual covenants herein contained, it is hereby agreed as follows: 1. Shoup hereby leases to the City for a period ending January 31, 1959, five (5) Shoup electrically operated (combination electric and manual) vertical type voting machines, 10 Column, 50 Row Capacity with Front Reading Counters, complete with all accessories for the State of Arkansas and ready for operation. 2. The City hereby agrees to lease such machines for such period and to pay as the rental for each the sum of $182.30 upon their delivery to the place designated by it within the City. 3. The City is hereby given the option to purchase the machines leased at a price of $1,823. each, or a total of $9,115. and to apply against the purchase price the rent theretofore paid for each provided that written notice of exercise of such option is given and payment of the purchase price is made to Shoup prior to February 1, 1959. Should the City fail to exercise this option then Pulaski County, Arkansas shall have the same option to be exercised in the same manner and should neither the City nor Pulaski County exercise this option, the City agrees to return the machines to Shoup at Canton, Ohio, with all trans- portation charges prepaid or to pay to Shoup the transportation s charges expended in returning the machines to Canton, Ohio. 4. The machines hereby leased are to be shipped by Shoup upon receipt of a copy of this agreement executed by the City. Shoup shall not be responsible for any failure or delay in making delivery, provided such failure or delay is the result of strikes, labor disturbances, stoppages at the manufacturing plant or any of the plants of the suppliers or other causes beyond Shoup's control. 5. The City agrees that the machines hereby leased shall not be removed from the City limits, without the consent of Shoup. 6. Shoup guarantees said machines, for a period of five (5) years from the date of their delivery, against defects or imperfections in material and workmanship and represents that they will do their work efficiently when operated in accordance with law and the printed instructions of Shoup. Shoup also agrees to furnish the City without charge for the first election, after delivery of the machines, at which they are used, a re- presentative to supervise the preparation of the machines for use thereat and to assist in the instruction of election officials and voters in the operation of said machines and to aid in an educational program in connection therewith as may be required. 7. The City agrees that it will be responsible for the 0 safety, care and preservation of said voting machines and will keep the same insured against loss, theft and damage or destruction by fire, floods, windstorm, mobs, riots, civil commotion and mali- cious mischief as long as such machines are in the possession of the County and if any of the said machines shall become damaged through any cause whatsoever during such time the County will have made, at its expense, the repairs or replacements necessary to put the machines in perfect working condition. 3. Shoup may affix to the machines hereby leased a suit- able sign or placard indicating that each of said machines is the property of Shoup and said sign or placard shall not be re- moved unless and until title to the machine to which the same is affixed shall have passed to the City. 9. The amount of any present or -future personal property, sales, excise, use tax or tax of a similar nature payable with respect to said machines, or their rental shall be borne by the City and it shall reimburse Shoup for any such taxes re- quired to be paid by it, within thirty (30) days after notice of such payment. 10. If the City fails to make any payment herein provided Lor, at the time and in the amount specified, or if the City fails to perform any of the other terms, conditions or covenants of this agreement on its part to be performed then all amounts payable as rent under this lease, for the entire term hereof, shall immediately become due and payable and in addition to any other rights or remedies of Shoup, Shoup shall have the right after having given fifteen (15) days prior written notice to the City of such default, and upon the City's failure to cure the same, to -re- possess the said machines and the City agrees to surrender and re- turn the same to Shoup, at Canton, Ohio, without expense to Shoup. 11. Shoup may assign the monies due hereunder by giving written notice of such assignment to the City, but any such assign- ment shall in no way relieve Shoup of its obligations hereunder. IN WITNESS WHEREOF, the parties have caused this agreement to be executed and their respective seals to be affixed and attested by their duly authorized officers or officials. ATTEST: Secretary ATTEST : City Clerk THE SHOUP VOTING MACHINE CORPORATION BY: Vice President CITY OF LITTLE ROCK, .ARKANSAS BY: :R Mayor SECTION 2. There is hereby appropriated the sum of Nine Hundred Eleven Dollars and Fifty Cents ($911.50) as payment I or Rental on the said Voting Machines. SECTION 3. The City Manager and Director of Finance are hereby authorized and directed to execute,the necessary warrant in payment of the moneys appropriated in Section 2 hereinabove. SECTION 4. All ordinances and parts of ordinances in con- flict herewith are hereby repealed and this ordinance shall be in full force and effect from and after its passage and approval. PASSED: October 20, 1958 ATTEST:G.�•� City Clerk APPROVED: /J 'Mayor .