HomeMy WebLinkAbout08052 ORD - 06/08/19666/8/66- ,
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND
ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE
A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND
NUECES TRANSPORTATION COMPANY CONCERNING THE ACQUI-
SITION OF PROPERTY AND EQUIPMENT OF SAID NUECES
TRANSPORTATION COMPANY, ALL AS SET OUT IN SAID
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. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND
DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE
A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND NUECES TRANSPORTATION
COMPANY, CONCERNING THE ACQUISITION OF PROPERTY AND EQUIPMENT OF SAID
NUECES TRANSPORTATION COMPANY, ALL AS SET OUT IN SAID CONTRACT, A COPY N,
OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF.
SECTION 2. THE NECESSITY FOR THE PROMPT EXECUTION OF THE
ABOVE CONTRACT CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC
NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE 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 THE SUSPENSION OF
SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE
OF ITS INTRODUCTION AND THAT SUCH ORDINANCE TAKE EFFECT AND BE IN FULL
FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO
ORDAINED, THIS THE 8TH DAY OF JUNE, 1966.
ATTE n
MAYOR
CITY ECRETARY THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED AS TO EGAL FORM THIS
8TH DAY OF JUNE, 1966:
CITY ATTORNEY
i� �
6/d/66
THE STATE OF TEXAS
COUNTY OF NUECES j
THIS CONTRACT MADE AND ENTERED INTO BY AND BETWEEN NUECES
TRANSPORTATION COMPANY HEREINAFTER CALLED "BUS COMPANY" AND CITY Or
CORPUS CHRISTI HEREINAFTER CALLED "CITY ",
WITNESSETHI
I
BUS COMPANY FOR AND IN CONSIDERATION OF THE SUN Or FIVE HUNDRED
FIrTY THou$AMD DOLLARS ($550,000.00), TO BE PAID TO IT UPON THE OCCURRENCE
OF CERTAIN EVENTS AT THE TIME AND IN THE HAMMER HEREINAFTER PROVIDED,
DOES HEREBY AGREE TO SELL TO CITY ALL Or THE PHYSICAL ASSETS OWNED BY
BUS COMPANY, BEING ALL Or THOSE ASSETS TEMPORARILY LEASED BY CITY PURSUANT
TO LEASE AGREEMENT DATED DECEMBER 30, 1965, EFFECTIVE AT MIDNIGHTS DECEMBER
31, 1965s INCLUDING THE FOLLOWING ASSCTSI
1. LANDS BUILDINGS AND IMPROVEMENTS INCLUDING THE COOLING
SYSTEM AND FIXTURES SITUATED THEREON, LOCATED AT 1024 SAM RANKIN STREET
AND BEING:
ALL Or LOTS 1 THROUGH 12, INCLUSIVE BLOCK 56, AND ALL
Or LOTS 5 THROUGH 8, tNCLUSIYE, BLOCK 57, BLUFF ADDITION
TO THE CITY OF CORPUS CHRISTI NUECES COUNTY T[XASp
TOGETHER WITH IMPROVEMENTS)
AT A PURCHASE PRICE OF 4184 000.00.
2. ALL OFFICE EOUIPMENT, FURNITURE SAFEST FILE CABINETS, OrrICE
SUPPLICSj BUSINESS MACHIN[Sp AND MISCELLANEOUS OFFICE CQUIPMENT, ALL AS
MORE PARTICULARLY ITEMIZED IN EXHIBIT 1 HERETO ATTACHED AT A TOTAL
►URCHA3E PRICE Or $8,170.00.
3. A FLEET OF 45 BUSSES, DESCRIBED GENERALLY AS FOLLOWS:
NUMBER MAKE MODEL
3 GMC GDH 45o5
2 GMC TDH 4007
7 GMC TDH 3612
6 GMC TDH 4509
6 GMC TDH 3714
A GMC TGN 3102
4 GMC TON 3714
3 GMC TGH 3102
AT A PURCHASE PRICE Of - . - - `192,800.00,
TOGETHER WITH THREE (3) PARLOR COACHES, V12.:
1 %c PD 4104
1 Gm PD 4104
1 GMC PD 4106
AT A PURCHASE PRICE OF - - - • $79,850.00,
A TOTAL PURCHASE PRICE Of :272,650.00 FOR ALL 48 VEHICLES.
4. SERVICE PICKUPS AND TOW TRUCK, VIZ.$
1 . 1959 CHEVROLET PICKUP - 1,2 TON
1 - 1963 FORD PICKUP - 1/2 TON
1 - 1960 CHEVROLET PICKUP - 1/2 TON
1 . 1958 MACK DIESEL WRECKER TRUCK
AT A TOTAL PURCHASE PRICE OF 8,515.00.
5. MISCELLANEOUS SHOP AND GARAGE EQUIPMENT AS SHOWN IN EXHIBIT 2
HERETO ATTACHED, FOR A TOTAL PURCHASE PRICE OF ;24,290.00.
6. MATERIALS AND SUPPLIES AS SHOWN IN THE ACCOUNTANTS' REPORT Of
THE BUS COMPANY AS Of DECEMBER 31, 1965, BY PEAT, M ARW ICK, MITCHELL AND
COMPANY$
OAS ; 420.21
DIESEL FUEL 831.32
OIL 122.63
PARTS INVENTORY
7. PREPAID INSURANCE, $3,943.00, �LpESS #100.00 OFFSET FOR OUT-
STANDING TOKENS AND SCHOOL TICKETS AND LESS $8.00 STRUCK Off, 42,435.00.
8. FARE REGISTERS AND PEDESTALS AS OF MIDNIGHT, DECEMBER 31,
1965, INCLUDING BUT NOT LIMITED TO 48 GRANT ELECTRIC FARE BOXES AND 8
.JOHNsoN K ELECTRIC FARE BOXES, #8,350.00.
9. TEXAS RAILROAD COMMISSION CHARTER SERVICE PERMIT NO. 828,
AND CHARTER SERVICE PERMIT NO. 23470, AS SPECIFICALLY DESCRIBED IN
EXHIBIT 3 HERETO ATTACHED, 19,425.00.
THERE ARE EXCLUDED FROM THE ASSETS OF BUS COMPANY AND NOT AGREEO
TO BE SOLD THE CORPORATE BOOKS AND RECORDS Of BUS COMPANY, NECESSARY TO BE
KEPT AND MAINTAINED BY IT FOR LIQUIDATION AND TAX PURPOSES.
.'j.
IT 18 UNDERSTOOD THAT CITY IS IN POSSESSION OF EACH AND ALL OF
THE ABOVE DESCRIBED ASSETS AND ACCEPTS THE SAME IN THEIR CONDITION AS OF
MIDNIGHT, DECEMBER 31, 1*, LESS REASONABLE WEAR AND TEAR, BUS COMPANY
AGREEING TO TRANSFER, ASSIGN AND DELIVER APPROPRIATE TRANSFERS AND BILLS
OF SALE TO EACH AND ALL OF SAID PERSONAL PROPERTIES, INCLUDING APPROPRIATE
TRANSFERS AND ASSIGNMENT INCLUDING TITLE CERTIFICATES COVERING EACH OF THE
AFORESAID VEHICLES CONSTITUTING THE BUSES, COACH AND SERVICE FLEET, TO-
GETHER WITH APPROPRIATE TRANSFERS OF THE MOTOR CARRIER PERMIT SUCH AS MAY
VEST THE CITY WITH ALL RIGHT, TITLE AND INTEREST OF BUS COMPANY THEREIN,
SUBJECT TO APPROVAL or THE RAILROAD COMMISSION or TEXAS, IT BEING UNDCR-
STOOD, NOWEVCR, THAT THE CONSUMMATION OF THIS CONTRACT AS TO ALL ITEMS
EXCEPT THRCE (3) PARLOR COACHES AND THE RAILROAD COMMISSION PERMITS, HAVING
A TOTAL PURCHASE PRICE OF 099,M.00, SHALL NOT DE OCPENDCNT IN ANY MANNER
UPON THE APPROVAL or THE RAILROAD COMMISSION or THE AFOREMENTIONED TRANSFER
AND ASSIGNMENT OF SAID MOTOR CARRIER PERMITS TO THE CITY.
III
BUS COMPANY AGREES TO CONVEY THE ABOVE DESCRIBED LAND TO THE
CITY BY A GENCRAL WARRANTY OECD, FREE AND CLEAR OF ALL CNCUMSRANCCS, BUT
OTHERWISE, CITY SMALL SATISFY ITSELF CONCERNING THE TITLE TO SAID LAND,
AT ITS CXPCNSC.
IV
BUS COMPANY AGREES TO TRANSFER, ASSIGN AND SET OVER TO CITY THE
ASOVE DESCRIBED PERSONAL PROPERTY PHYSICAL ASSETS, ALSO FREE OF ANY AND ALL
ENCUMBRANCES, IT BEING UNDERSTOOD, HOWEVER, THAT BUS COMPANY DOES NOT OWN
THE TIRES MOUNTED UPON THE BUS FLEET, BUT THAT SAME ARE PROVIDED PURSUANT
TO AND UNDER A CONTRACT WITH GOODYEAR TIRE AND RUBBER COMPANY, INC., WHICH
CONTRACT, INSOFAR AS BUS COMPANY IS ABLE, WILL BE TRANSFERRED, ASSIGNED AND
SET OVER TO THE CITY, TOGCTHER WITH ANY AND ALL BENEFITS WHICH MAY ACCRUE
THEREUNDER IN THE FUTURE. I
V
IT IS EXPRCSSLY AGREED THAT THE COMPLETION OF THE SALE UNDER THIS
CONTRACT SHALL BE EF►ECTIVE AND BINDING UPON BUS COMPANY AND CITY ONLY IN
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• r
THE EVENT THE VOTERS OF THE CITY APPROVE THE PURCHASE OF BUS COMPANY AND
THE ISSUANCE Of BONDS THEREFORE SAID ELECTION HAVING SEEN CALLED BY CITY
FOR JUNE 25, 1966, AND SUCH BONDS, IF SO VOTED, HAVE BEEN SOLD AND THE
FUNDS SUFFICIENT TO PAY THE CONSIDERATION TO BE PAID HAVE BEEN APPRO-
PRIATED. THE EFFECTIVENESS OF THIS CONTRACT SHALL ALSO BE SUBJECT TO THE
RECEIPT OF A CAPITAL GRANT FROM THE FEDERAL GOVERNMENT UNDER THE URBAN
MASS TRANSPORTATION ACTS PURSUANT TO AN APPLICATION FOR SUCH FUNDS, HERE-
TOFORE FILED BY CITY.
VI
IT IS UNDERSTOOD AND AGREED THAT SHOULD THE ELECTION BE FAVORABLE
TO THE PURCHASE OF BUS COMPANY AND ISSUANCE OF BONDS THEREFORE AND THE
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT MOREOVER APPROVE THE APPLI-
CATION FOR FEDERAL GRANT MADE BY THE CITY, THIS CONTRACT SHALL DE CONSUMMATED
WITH DILIGENCE TAKING INTO CONSIDERATION THE TIME NECESSARY FOR THE CITY
TO PREPARES PRINT AND SELL THE BONDS APPROVED BY THE ELECTORATES BUT IN ANY
EVENT, NOT LATER THAN SIXTY (60) DAYS FROM AND AFTER THE DATE OF SAID
ELECTION.
V11
SHOULD THE ELECTORATE APPROVE THE PURCHASE OF THE BUS COMPANY
AND THE ISSUANCE OF BONDS THEREFOR ON JUNE 25, 1966, BUT THE DEPARTMENT
Of HOUSING AND URBAN DEVELOPMENT DISAPPROVE THE APPLICATION FOR FEDERAL
GRANT MADE BY THE CITY THE CITY SHALL WITHIN TEN (10) DAYS AFTER SUCH
DISAPPROVAL IF SAME SMALL HAVE BEEN MADE PRIOR TO THE DATE OF ELECTION,
NOTIFY BUS COMPANY IN WRITINGS THEN CITY SMALL IMMEDIATELY SURRENDER ALL
ASSETS OF BUS COMPANY IN ITS POSSESSION AS OF MIDNIGHT, DECEMBER 31, 1965,
AND THIS CONTRACT SHALL BE TERMINATED SAVE AND EXCEPT FOR THE SETTLEMENT
TO BE MADE WITH BUS COMPANY PURSUANT TO THE TEMPORARY LEASE AGREEMENT
BETWEEN BUS COMPANY AND CITY DATED DECEMBER 30, 1965.
V111
SHOULD THE ELECTORATE DEFEAT THE PROPOSAL TO PURCHASE AND THE
ISSUANCE OF BONDS THEREFOR, THE CITY SHALL IMMEDIATELY SURRENDER ALL OF
THE ABSETS Of BUS COMPANY IN ITS POSSESSIONS PURSUANT TO THE LEASE AGREE -
KENT OF DECEMBER 30, 1965, NO LATER THAN JUNE 30, 1966, AND THIS CONTRACT
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AND THE LEASE AGREEMENT SHALL BE OF NO FURTHER FORCE AND EFFECTS SAVE AND
EXCEPT INSOFAR AS THE LEASE CONTRACT REMAINS IN FULL FORCE AND EFFECT
REQUIRING THE CITY TO RESTORE ALL ASSETS OF THE BUS COMPANY TO IT,REASON-
ABLE WEAR AND TEAR EXCEPTED TOGETHER WITH ALL INVENTORIES AS THEREIN
SPECIFIED AND AS IT REQUIRES BUS COMPANY TO REIMBURSE CITY IN CASH FOR
ANY SUNS OF MONEY WHICH MAY BE DUE CITY FOR ADVANCEMENTS MADE BY CITY
PURSUANT TO THE TERMS AND PROVISIONS OF SAID TEMPORARY LEASE AGREEMENT.
IX
IT IS UNDERSTOOD AND AGREED THAT BUS COMPANY WILL PAY ALL TAXES
DUE AND OWING TO ALL TAXING AUTHORITIES ON THE PROPERTIES AGREED HEREBY
TO BE CONVEYED TO CITY TO MIDNIGHTS DECEMBER 31, 1965, AND NOT THEREAFTER.
IN WITNESS WHEREOF, THE PARTIES HAVE HEREUNTO AFFIXED THEIR
OFFICIAL SIGNATURES ACTING BY AND THROUGH THEIR APPROPRIATE OFFICIALS
THIS THE DAY OF JUNES 1966.
NUECES TRANSPORTATION COMPANY
ATTEST I
BY
SECRETARY PRESIDENT
ATTEST It
CITY OF CORPUS CHRISTI
BY
-CITY SkCRtTA RY HERBERT W. WHITNEY# CITY MANAGER
APPRM AS TO LEGAL FORM
THIS DAY OF JUNES 19665
CITY TTORNEY
�i `- -- •�J "-'-- `J - ,._ -- � r,IC Ip�° U (may- -`� •�J '- .. `�J
CORPUS CHRISTI, //T��EXAS��
DAY OF � �9-L6
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 IS INTRO -
DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL.
RESPECTFULLY,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING
/7��V OOT�E:
DR. MCIVER FORMAN a-12=
JACK JACK BLACKMON \/ l.L/ACj
PATRICK J. DUNNE �0_
DR. P. JIMENEZ, JR. /
KEN MCDANIEL f
RONNIE SIZEMORE
WM. H. WALLACE
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE;
DR. MCIVER FURMAN
JACK BLACKMON
PATRICK J. DUNNE
DR. P. JIMENEZ, JR.
KEN MCDANIEL
RONNIE SIZEMORE i
h /
Wm L. H. WALLACE ('///