HomeMy WebLinkAbout10520 ORD - 10/13/1971iO -13 -71
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
A MUTUAL TERMINATION AND RELEASE OF EQUIPMENT LEASE
AND SERVICE AGREEMENT, A COPY OF SAID AGREEMENT BEING
ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT
"A ", SAID TERMINATION AND RELEASE AGREEMENT TO BE
EXECUTED BY AND BETWEEN THE CITY OF CORPUS CHRISTI AND
RCA CORPORATION, INFORMATION SYSTEMS DIVISION, OF NEW
JERSEY, CONCERNING RCA SPECTRA 70 SYSTEM WITH SOFTWARE
AND PROFESSIONAL SYSTEMS SUPPORT, WHICH LEASE- PURCHASE
AGREEMENT WAS ORIGINALLY AUTHORIZED BY ORDINANCE NO.
10,062, PASSED AND APPROVED BY THE CITY COUNCIL ON
JANUARY 6, 1971; AND DECLARING AN EMERGENCY.
`WHEREAS, BY ORDINANCE NO. 10,062, PASSED AND APPROVED BY THE CITY
COUNCIL ON JANUARY 6, 1971, THE CITY OF CORPUS CHRISTI ENTERED INTO A
LEASE - PURCHASING AGREEMENT WITH RCA CORPORATION, INFORMATION SYSTEMS
DIVISION, OF NEW JERSEY, CONCERNING RCA SPECTRA 70 SYSTEM WITH SOFTWARE
AND PROFESSIONALS SYSTEMS SUPPORT TO ASSIST THE CITY OF CORPUS CHRISTI IN
THE IMPLEMENTATION OF ITS DATA PROCESSING SYSTEM; AND
WHEREAS, IT IS MUTUALLY AGREEABLE AT THIS TIME TO TERMINATE THE
AFORESAID AGREEMENT AND TO REDUCE THE SAID AGREEMENT TO WRITING:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED
AND DIRECTED TO EXECUTE A MUTUAL TERMINATION AND RELEASE OF EQUIPMENT
LEASE AND SERVICE AGREEMENT, A COPY OF SAID AGREEMENT BEING ATTACHED HERETO
AND MADE A PART HEREOF, MARKED EXHIBIT "A ", SAID TERMINATION AND RELEASE
AGREEMENT TO BE EXECUTED BY AND BETWEEN THE CITY OF CORPUS CHRISTI AND
RCA CORPORATION, INFORMATION SYSTEMS DIVISION, OF NEW JERSEY, CONCERNING
RCA SPECTRA 70 SYSTEM WITH SOFTWARE AND PROFESSIONAL SYSTEMS SUPPORT,
WHICH LEASE - PURCHASE AGREEMENT WAS ORIGINALLY AUTHORIZED BY ORDINANCE
NO. 10,062, PASSED AND APPROVED BY THE CITY COUNCIL ON JANUARY 6, 1971.
SECTION 2. THE NECESSITY TO AUTHORIZE THE EXECUTION OF THE
AFORESAID TERMINATION AGREEMENT AT THE EARLIEST PRACTICABLE DATE IN ORDER
THAT OTHER PROVISIONS MAY BE MADE FOR AN ADEQUATE COMPUTER SYSTEMS FOR
THE CITY OF CORPUS CHRISTI 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 INTRO-
DUCTION BUT THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE
1®52®
SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING REQUESTED THE
SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY
ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT FROM AND AFTER ITS
PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THEDAY OF OCTOBER,
1971.
ATTEST:
ITY SE RETARY
APPROVED:
DAY OF OCTOBER, 1971:
,9
CI Y ATTORNEY
e �
MAYOR
THE CITY OF RPU C ISTI, TEXAS
micROFILMED AUG 24 1973
•
MUTUAL TERMINATION AND RELEASE
OF
EQUIPMENT LEASE AND SERVICE AGREEMENT
THE STATE OF TEXAS )
COUNTY OF NUECES
*E REAS THE CITY OF CORPUS CHRISTI, A MUNICIPAL CORPORATION AND
BODY POLITIC UNDER THE LAWS OF THE STATE OF TEXAS, HEREINAFTER CALLED THE
"CITY", BY AND THROUGH ITS CITY MANAGER, R. MARVIN TOWNSEND, AND RCA
CORPORATION, INFORMATION SYSTEMS DIVISION, A DELAWARE CORPORATION, HEREINAFTER
CALLED "RCA ", BY AND THROUGH ITS DULY AUTHORIZED OFFICERS, HAVE HERETOFORE
MADE AND ENTERED INTO AN EQUIPMENT LEASE AND SERVICE AGREEMENT, UNDER DATE
OF JANUARY 6, 1970, AMENDED BY LETTER AGREEMENT DATED MAY 28, 1971, AND
WHEREAS, PURSUANT TO SUCH AGREEMENT, AN RCA -2 CONFIGURATION HAD
BEEN SCHEDULED FOR DELIVERY TO CITY BY RCA IN DECEMBER, 1971, AND
WHEREAS SUBSEQUENTLY AND PRIOR TO THE DATE HEREOF RCA HAS ANNOUNCED
AND DECLARED BY VARIOUS MEANS, INCLUDING A MAILGRAM DATED SEPTEMBER 21, 1971
TO CITY, THAT, AS RAPIDLY AS POSSIBLE, IT WILL WITHDRAW FROM THE GENERAL
PURPOSE COMPUTER BUSINESS, INCLUDING BUT NOT LIMITED TO THE DISCONTINUANCE OF
THE MANUFACTURE AND MARKETING OF GENERAL PURPOSE CENTRAL PROCESSORS, MAIN
FRAME PROCESSORS, AND RELATED PERIPHERAL EQUIPMENT, AND
WHEREAS, BECAUSE OF THIS UNFORESEEN DEVELOPMENT, AND TO BETTER
FACILITATE THE ADJUSTMENT OF CITY AND RCA TO THEIR RESPECTIVE FUTURE OPERATIONS
IN THE COMPUTER FIELD, BOTH PARTIES DEEM IT MUTUALLY ADVANTAGEOUS AND PROPER
TO TERMINATE THE AGREEMENT, AS AMENDED, AFORESAID, AND CANCEL THE SAID ORDER
PENDING THEREUNDER, AS SOON AS POSSIBLE, NOW THEREFORE, THIS MUTUAL TERMINA-
TION AND RELEASE OF OBLIGATION.
W I T N E S S E T H:
1.
FOR GOOD AND VALUABLE CONSIDERATION, THE RECEIPT IN HAND OF WHICH
IS HEREBY ACKNOWLEDGED BY CITY AND BY RCA, IT IS HEREBY MUTUALLY AGREED BETWEEN
CITY AND RCA THAT THE EQUIPMENT LEASE AND SERVICE AGREEMENT, UNDER DATE OF
i
JANUARY 6, 1970, AMENDED BY LETTER AGREEMENT DATED MAY 28, 1971, BETWEEN
CITY AND RCA, AND THE ORDER PENDING, PURSUANT TO SUCH AGREEMENT, FOR AN
RCA-2 CONFIGURATION FOR DECEMBER, 1971 DELIVERY BE CANCELLED AND TERMINATED
EFFECTIVE ON EXECUTION HEREOF.
•
II.
IT IS FURTHER AGREED BETWEEN CITY AND RCA THAT EACH PARTY HAS FULLY
PERFORMED UNDER SAID AGREEMENT, AS AMENDED, UNTIL THE DATE OF EXECUTION HEREOF
AND THAT CITY HEREBY RELEASES AND DISCHARGES RCA FROM ANY AND ALL OBLIGATION,
LIABILITY, DEBT, CHARGE, OR CLAIM UNDER SUCH AGREEMENT AND ORDER AND RCA HEREBY
RELEASES AND DISCHARGES CITY FROM ANY AND ALL OBLIGATION, LIABILITY, DEBT,
CHARGE, OR CLAIM UNDER SUCH AGREEMENT AND ORDER.
EXECUTED IN DUPLICATE ORIGINALS THIS DAY OF ,
1971.
ATTEST: CITY OF CORPUS CHRISTI
BY
CITY SECRETARY R. MARVIN TOWNSEND
CITY MANAGER
APPROVED:
1971:
.Cl
T ATTORNEY
ATTEST:
SECRETARY
RCA CORPORATION, INFORMATION SYSTEMS
DIVISION, CHERRY HILL
BY
7-1
CORPUS CHRISTI TEXAS
/N DAY OF 0&,A� 19-Z/
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN-
SION 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,
REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI-
NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE
CITY COUNCIL.
RESPECTFULLY
u �
MAYOR
THE CITY OF C RP HRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY
THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BObQUEZ
REV. HAROLD T. BRANCH
'
THOMAS V. GONZALES
GAGE L02AN0, SR.
J. HOWARD STARK
- - -�
THE ABOVE ORDINANCE WAS PASSED BY
THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK