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Home My WebLink About06995 ORD - 08/14/1963IMS:AH:8 -9 -63 - ..,- AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT WITH STATISTICAL INVESTMENT COMPANY FOR ELECTRICAL ACCOUNTING MACHINE SERVICE, SAME BEING A PROFESSIONAL SERVICE INCLUDING THE USE OF A CERTAIN 40 IBM ACCOUNTING MACHINE, FOR A MONTHLY RENTAL OF 6420.00, FOR THE TERM AND UNDER THE CONDI- TIONS SET OUT IN SAID LEASE CONTRACT, A COPY OF WHICH IS 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 1. THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH STATISTICAL INVESTMENT COMPANY FOR ELECTRICAL ACCOUNTING MACHINE SERVICE, SAME BEING A PROFESSIONAL SERVICE, INCLUDING THE USE OF A CERTAIN I+O3 IBM ACCOUNTING MACHINE, FOR A MONTHLY RENTAL OF $420.00, FOR THE TERM AND UNDER THE CONDITIONS SET OUT IN SAID LEASE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY FOR ENTERING INTO SUCH CONTRACT IMMEDIATELY TO INSURE DELIVERY AS SOON AS POSSIBLE IN ORDER TO PROVIDE A MORE EFFECTIVE ACCOUNTING SYSTEM IN THE WATER AND GAS DEPARTMENT OF THE CITY OF CORPUS CHRISTI, TEXAS, CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE PROVIDING THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND - EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED THIS THE DAY OF AUGUST, 1963. A l z�V CITY SECRET Y APPROVED AS TO LEGAL FORM THIS _fjDAY OF UGUST, 1963: CITY ATTORNEY R 4� Z4222�( THE CITY OF CORPUS CHRISTI, TEXAS .VE- r — STATISTICAL INVESTMENT CO. 524 P—ptae STRY.sr • Co"u, Cawsn, TRross LEASE OF PERSONAL PROPERTY Statistical Investment Co. hereinafter called Lessor, hereby (cases in The City of Corpus Christi Texas hereinafter called Ieaeo, and Lessee hereby leash end hits from the Lessor that certain persisted property, hereinafter men particularly described, Raddeet to the terms, prorisims, conditions and agreements of this Lease hereinafter sat forth. The perveal property hereby lased, hereinafter sometimes sefeved tea said property and muchirse(s)" is wernnted by Lessor to be in good and usable condition for Oe normal marldne purposes served by mid property, is described as follows, se-wit: 403 IBM Accounting Machine with Bill —Feed & Standard Carriage Said peperky will be located at Corpus Christi, Texas County of Nuecec s,, id Texas and will not be moved to a sew location except upon written netice first gives to Lesser. TERMS. Said property I. hereby Eased for a period of t i yt _Q i X 6 ) months beginning an tire day of 196_, and ending on the — day r 196—, union this Lases Roemer tarsd—nd pursuant te the provisions hereof. RENTALS: For mid term, Lessee Rgcros and hereby paint- to pay to lesser a monthly rental of Four Hundred Twenty Dol}sars $420. 0( the first of said monthly rentals being due and payable on the d y of 196_, with 35 equal, suaessl., monthly rental payments of S 4 LO R Q2QRmh due an the 1St day of each succeeding month, until fully laid. Lasser further warrants that Lessee of mid property above described, will receive the mine prrformame as is annually received from IBM leased machines of the ? same type. t TERAYWATION BY LESSEE - 1. Lesser may terminate this Lase at any time during in term by giving_ 30 days' wriltan notice to Letsor to the effect that the mid Property doss not perform as normally could be expected by a machine of the mine type leased from IBM Corporation and show seasonable proof that the condition of non - performance does exist and that I— has been given previous notice of such condition of non- pcvfomsance and has not cured mid defective condition of non- perfarmanm within a msonible time and that I— hem allowed IBM normal cooperation in maintaining and repairing the machine, and that lens is being unneceserily handicapped by said dated in the operation of the machine. 2. After the f vt —Q— anthly rental[ heremhder have became due and been paid, Lessee may terminate this lees at any time Rfrer fine having given Lessor 3D written atien of Lessee's desire te on terminate and by paying all monthly anal, doe at aff.tiea termiadon date. MAINTENANCE AGREEMENT: Lessor at his srymto will provide Lenee with IBM meintenanm end mpamee"t of parts for the full term of this lease equivalent in that provided by IBM to Lesscm of 11M- armed equipment mod as offered by IBM's standard maintenance gram-t. 1— shell semi, and be rcspasmble for payment for all costs for inch maintenance, mere and except Oros charges which an IBM customer would have incurred for maintenance had to machines covered under this age - ment bet tested to Lessee by IBM. Such additional charges, if any, will be paid by I— currently as incurred upon presentment by Lessor of the IBM inmiw far services. Lesser &grace to give the mine cooperation to IBM in allowing maintenance to be performed an mid property as is required by IBM in its normal leasing arrang ®ens of its man m.cass to indFianal lesees. Maintenance will be performed by IBM personnel. INSURANCE: Lenart agree to keep mid popery insured against the Imeardt of Fire and Emended Coverage for the term of the Lees. TAXES - lessor shall pay promptly when des .11 ad valorem axe &get., or upon said preperty anti) and -I— lessor shell puwlosse or serre title to mid property. TITLE• Title to the pmparty shell remain in Lessor mcl.ive y (subject to any mortgage or lien everted by lessor to any third Perry) until Losaco hem paid and Per- formed in full 011 of in obligations hereunder and hem esemised the "Purchase Option" set fort below according to its terms. Lessee shell keep the property free Imm any Red ell lien and claim, and shall do and permit no act or thing whereby Lessor's title or rights may be encumbered or impaired. NON- WAIVER: Lesser'. fail— at any time to require street performance by Lessee of any of the provisions hereof shall net wove m diminish Iesser's right thereafter t demand stria compliance threwniOr er with any other provision. waiver of any default shall not wore any other default. Lesser's rights hereunder am cumulative and not dtrratirs. DEFAULT - Tons a of the essence of this Lases if any rental be not mode promptly when due, or if Lessee shall foil to observe, keep or perform any other providon of this Leas required to be observed, kept or performed by I— or if Iance becomes inslvent, or Rome 1. In business, or if a petition is filed by or .,olen lenses under the Bankruptcy Ass, than Lassa shall have ten days within which to cure its default If Laura, hall fail to cure, any default as provided herein, I,— shell bane the right at its election and in addition t and without prejudice to any other ramedies, to declare the entire amount due and payable forthwith, and/or w enter upon I—. premises and, without any court order or other process of law, to reposim and remove mid property either with or without notice t L.esse. Any such repossession shall hat constitute a termination of this lase unless Lemor in notifies Lessee in writing; and Leer has the right, at its option, to lees the property an m• ponessed to any other perm or person upon such terese and conditions as Lesser shall detenume, or to sell mid property at either Public or private ale, nth or without entire m the 1— of the time end place of -.uc. sale. In either of such events, them shall be due from Lessee and Lassa will immediately my to Lester, the difference between the total of revolt to be received from any third person or the purchase at mid sale, as the case may be, end the tout unpaid renal Provided to be Paid herein pia all cos and cup" of Lesser m repossessi ra- lasing, tremportm,, repairing, selling or otherwise handling mid property. In the event suit u mmututed by Lessor se men: persuasion of the property or to enforce any of the terms or conditions or provision hereof, Lessor Ogren to pay reasnabla attorney fen and sort cons se insured by Lesser. ASSIGNMENTS: It is understood that Lesser contemplates assigning this Lease and mid property and that such assignee may assign the semi to a banking or financial undention. All Rights of lesser hereunder shall be succeeded to by any asagna hereof and said assignee's title to this Leese, and t the rentals horses provided for t be paid, and in and to mid property shell be free from all defenses, Retells or munterclaims of any kind and character which Lessee may be enutled to assert against Les- r, Iessee on receiving ratio of say such assignment [hall &hide thereby and make payment as may therein be directed. WARRANTY BY LESSOR AND ASSIGNEE- NOTHING CONTAINED IN THIS LEASE SHALL SERVE TO GIVE LESSOR OR ASSIGNEE THE RIGHT IN ANY WAY TO INTERFERE OR INTERRUPT THE NORMAL USE OF SAID PROPERTY BY LESSEE SO LONG AS LESSEE IS NOT IN DEFAULT UNDER THE TER.IS OF THIS LEASE. ASSIGNEE TAKING AN ASSIGNMENT OF THIS LEASE FROM LESSOR EXPRESSLY ASSUMES ALL OBLIGATIONS IMPOSED ON LESSOR UNDER THE TEAMS OF THIS LEASE IN RESPECT OF THE LESSEE. MISCELLANEOUS: This instrument conuttes the retire agreement between Lessor and Lessee. No waiver a change in this leas shall bind Lesser a assignee ualass I. writing signed by one of its officers. Lesser agrees to permit I—. to inspect mid papery at any reasonable time; and to allow IBM to keep mid property in first. class conditi on and or repair &t Lessor's expenm ou and to hm the mina in miuble shelter. Delinquent installments of rental shall bear interest at 1O% per anon n. I— shall prey all cone and expenses occasioned by or arising out of the eta of the mid property. TRANSPORTATION CHARGES: 1. All trresportetien charges on machines delivered to Lessee, will be Paid by Lessor, 2. All lnmper ruse charges on machines mtuned to lessen by Leases R�SR�GX �J CSCXXX�X ^7io75diDP3i3im7£X4{7fi4C4GOC x�acarxxaL�kBhaaztxaca��suicxac §s�Px will be paid for lessor. CONTINUANCE OF LEASE- After the termination data of this Leese, Lawm et his opium, may renew or atond inch lava for 3E •ddaOoal months -on the nine aims and meditious as berein provided except that the monthly seal shall be x350. 00 per month and that the Lees may be terminated by the Lessee at his option after first having given 30 d•ys' written notice of his desire to an terminal. and by paying all rentau Rod charges due at itme of immonetion. This cantintance provision is subject to the hereinafter provided purchase option. . . GENERAL- 1. All manies payable under this lean aro due and payable at Corp. Christi, Texas, and the IAW, of the Sate of Terns will prevail and be applicable in the interpretation of this tease Agreement. o_. When— the words or latter "IBM" at "IBM Corp." am used in this Leese Agreement they shell mean the "Imeratioal Business Machias C.- p°'°t-"* 3. There will be no rental paid on this machine until 30 days after IBM's machine goes off rental. �Off��i] 15iiYafYYXXXXXX�wS[ YXYYYYXXQ�]( X}[J[ CXJ( jfpif[ l�jtiTjzV�[] Qj} Qlv¢ p( Ip[ d.{ P�n11Qd4QQA ']Q�X)�]jQ(]QQQ]QQ�%1�jij[)JQe' rf h76dt2FiSi6xiLika�ila `kaYtlYc}6aGNhXY,.?edi.Xr r' p1�r�4Cr�' o3i3COhaC1YdBNi} 5ditdi7G13C 341lfrIYDQdfe}C ltliffliGiGiiiLiGE47% RIDItiQQi4@ ll'i]D1C@EIIQG{4[+4,�GiGXaL -. :' �.� The Lean Agreement shall be binding elan the reap cti loin, legal sup_.ti—, —ce and insigne of to parties battle. IN IVYYNESS WHEREOF, the parties hereto bavyaracuted,dnis Leine th'• � er IV___. ACCEPTED STA17 CAL S1(Dj /gjQT/ CO/ C 1 TY OF CORPUS CHRISTI 8y I ATTEST: HERBERT W. WHITNEY, CITY MANAGER •CITY SECRETARY APPROVED AS 1DLEGAL FORM THIS DAY OF AUGUST, 1963: - ,____..�...__. .CITY AT'(ORNEY- __ CORPUS CHRISTI, TEXAS DAY OF TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS 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 15 INTRO - DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, OR THE CITY OF CORPUS CHRISTI, TEXAS. THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON ))) JOSE R. DELEON M. P. MALDONADO iG W. J. ROBERTS W. H. WALLACE, JR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLO ING VOTE: JAMES L. BARNARD JAMES H. YOUNG //yy � JACK R. BLACKMON CLA JOSE R. eDELEON IT M. P. MALDONADO aa W. J. ROBERTS Cdr. W. H. WALLACE, JR. )