HomeMy WebLinkAbout11770 ORD - 11/07/1973. JRR:jkh:11 -6-M; ls= •
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT 91M IBM CORPORATION-FOR LEASE PURCHASE
OF THE 37 35� COMPUTER SYSTF� ALA AS MORE FOLLY
SET FORTH CONTRACT, A. GOpY OF WHICH IS
ATTACHED HEMZiO AND NADIL AJWART HEREOF; AND DECLARING
AN EMERGENt -Y.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That the City Manager be, and he is hereby, authorized
and directed to enter into a contract with IBM Corporation for the Lease
Purchase of the 370/135 Computer System, all as more fully set forth in
the contract, a copy of which is attached hereto and made a part hereof,
marked Exhibit "A ".
SECTION 2. The necessity to authorize the City Manager to enter
into the aforesaid contract at the earliest practicable date in order that
the said IBM Computer System may be installed as soon as possible creates
a public emergency and an imperative public necessity requiring the suspen-
sion of the Charter rule that no ordinance or resolution shall be passed
finally on the date of its introduction but 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 the Charter rule and that this ordinance take effect and be
In full force and effect from and after its passage, IT IS ACCORDINGLY SO
ORDAINED, this the .7-4t day of , 1973.
ATTEST:
r
Cit_ Secret ry
AP . VED:
DAY OF NOVEMBER, 1973:
''/
MA
THE CITY OF CORPUS CHP.ISTI, TEXAS
11770
TIM SET a COAV03M OF Two SECTIONS, SECTION 1
L SEPt' SECTION 1 ISHORT SHEETS) FROM SECTION 2 l THE PURCHASER NEED ONLY SIGN ONCE, PROVIDED THE CARBONIER
8
=SECTION, SECTION, DETACH CARBONS PROM SECTION I ONLY. OF HIS SIGNATURE APPEARS LEGIBLY ON THE REMAINING COPIES
3 _. NS IN SECTION 2INTACT UNTIL ALL SIGNATURES AFFIXED.
__._ -_
PIIXCHA468'S wuae MUST AGREE, SECTIONS 1 AND 2
International Business Machines Corporation
Agreement for Purchase of IBM Machines
(State and Local Government)
To: International Business Machines Corporation
Branch Office Address:
520 'South Chaparral Street
Corpus Christi, Texas 78401
Name and Address of Purchaser:
City of Corpus Christi
302 South Shoreline
Corpus Christi, Texas 78401
Armonk, New York 10504
Agreement No.:
Administrative Br. Off. No.: 115
CDmomor No.: 22050 -04
The Purchaser agrees to purchase and International Business Machines Corporation (mm) by its acceptance of this Agreement
agrees to sell, on the following terms and conditions, the machines and features [called machine(s) ] listed below and more fully
described in the attached Specification Sheets.
The prices shown below are F.O.B. IBM Plant. All transportation, rigging and draying charges will be paid by the Purchaser.
There shall he added to the prices shown below amounts equal to any taxes; however designated, levied or based on such prices or
on this Agreement or the machines, including state and local privilege or excise taxes based on gross revenue, and any taxes or
amounts in lieu thereof paid or payable by Ism in respect of the foregoing, exclusive, however, of taxes based on net income. Any
personal property taxes assessable on the machines after delivery to the carrier shall he borne by the Purchaser.
Terms
This Agreement must be received by mat on or before the Date of Installation of the machines. Payment in full for each machine
shall be due upon the Date of Installation unless otherwise provided in an Installment Payment Agreement between mm and the
Purchaser.
Warranty Scheduled Date of
Item No. Type Model Category Description Machine Shipment Quantity Unit Price Amount
1 3135 GDO A Processing Unit 10 -19 -73 1 $432,305.00 $432,305.00
2 3046 001 B Power Unit 10 -19 -73 1 15,550.00 15,550.00
3 3215 001 B Printer Keyboard 10 -19 -73 1 8,000.00 8,000.00
TOTAL $455,855.00
Please send all communications to Lass at its branch office address listed above unless notified to the contrary.
aao- esea.o ], CUSTOMER
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UPON COMPLETION OF TYPING, DETACH AND FORWARD IMMEDIATELY TO REGIONAL CONTROLLER
Conditions of Purchase
Title
Title to each machine passes to the Purchaser on.the date of ship.
ment from ism, or on the date of acceptance of this Agreement, by
tent, whichever is later.
Security Interest
IB_M reserves a purchase money security interest in each of the
machines listed herein in the amount of its purchase price. These
interests will be satisfied by payment in full unless otherwise pro-
vided in' an IBM Installment Payment Agreement. A copy of this
Agreement may be filed with appropriate state authorities at any
time after signature by the Purchaser as a financing statement in
order to perfect iam's security interest. Such filing does not constitute
acceptance of this Agreement by ism.
Risk of Loss
During the period the machines are in transit or in possession of
the Purchaser, up to and including the Date of Installation, mm and
its insurers• if any, relieve the Purchaser of responsibility for all
risks of loss or damage to the machines including damage caused
by Purchaser's negligence, except for loss or damage caused by
nuclear reaction, nuclear radiation or radioactive contamination
caused by the Purchaser. After the Date of Installation, the risk of
loss or damage shall be on the Purchaser.
Delivery
Delivery will be made in accordance with the delivery schedule
which is mutually agreed to by the Purchaser and ism, subject to
conditions beyond tam's control. The method of shipment must be
consistent with the nature of the machines and hazards of trans-
portation.
Price Protection Period
Prices of the machines stated herein will not be subject to any
established price increases up to and including the mutually agreed
to Scheduled Date(s) of Machine Shipment shown on the face of
the Agreement
If mm's established price for any machine upon the Date'of Instal-
lation or forty -five days after plant shipment, whichever occurs first,
shall be lower than the price for such machine stated in this Agree.
ment, the Purchaser shall have the benefit of such lower price.
Installation
The Purchaser shall provide a suitable installation environment
with all facilities prescribed by the appropriate IBM Installation
Manual— Physical Planning and furnish all labor required for
unpacking and placing each machine in the desired location. Packag.
ing materials shall he the property of the Purchaser. Machines pur-
chased under this Agreement shall be installed and placed in good
working order by tam. The day (Monday through Friday) following
that on which (f) tam determines that the machine has been placed
in good working order, or (ii) the machine is delivered and the
Purchaser fails to provide a suitable installation environment, shall
be considered the Date of Installation of such machine for all par-
poses of this Agreement IBM will notify the Purchaser when the
machine has been placed in good working order.
Warranty
Machines purchased under this Agreement may be either newly
manufactured by ism from new and serviceable used parts which are
equivalent to new in performance in these machines, or assembled
by ism from serviceable used parts, or machines which have been
previously installed. Machines assembled from serviceable used
parts and machines previously installed will at the time of shipment
meet product functional specifications currently applicable to new
machines.
The Purchaser will be responsible for assuring the proper use,
management and supervision. of the machines and programs, audit
controls, operating methods and office procedures, for establishing
the necessary controls over access to data, and for establishing all
proper check points and procedures necessary for the intended use
of the machines and the security of the data stored therein. The
Purchaser agrees that mm will not be liable for any damages caused
by the Purchasers failure to fulfill these responsibilities. The fol•
lowing warranties shall apply to the machines described berein.
I. Service and Parts Warranty
Commencing on the Date of Installation, tent will maintain in good
working order each Warranty Category A machine for one year
and each Warranty Category B or C machine for three months, at
no additional charge to the Purchaser. At the Purchaser's request,
tom will make all necessary adjustments, repairs and parts replace-
ments. All replacement parts will be new or equivalent to new in
performance when used in these machines. All replaced parts will
become the property of Ism on an exchange basis. IBM may, at its
option, store maintenance equipment or parts on the Purchaser's,
premises that tam deems necessary to fulfill this Warranty.
Service pursuant to this Warranty as required at any time wt•B
normally be furnished by mm's nearest Branch Office or resident
location. IBM shall have full and free access to the machines to
perform this service. There will be no charge for travel expense
associated with warranty services except that actual travel expense
shall be charged in those unusual instances where the site at which
the machine is located is not normally accessible by private -auto-
mobile or scheduled public transportation. The Purchaser shall
promptly inform ism of any change in the machine location during
the warranty period. Service outside the scope of this Warranty will
be furnished at IBM's applicable hourly rates and terms then in effect
II: Parts Warranty
For one year commencing on the Date of Installation, ism warrants
each Warranty Category B or C machine (excluding vacuum tubes
and solid state and other electronic devices which are warranted for _
three months) to be free from defects in material and workmanship.
IBM's obligation is limited to famishing on an exchange basis
replacements for parts which have been promptly' reported by the
Purchaser as having been, in his opinion, defective and are so found
by tam upon inspection. All replacement parts will be new or equiva.
lent to new in performance when used in these machines. All
replaced parts will become the property of tsm on an exchange basis.
No service will be furnished pursuant to this Parts Warranty.
IIL Limitations -
The foregoing warranties will not apply to repair of damage or
increase in service time caused by: accident, transportation, neglect
or misuse; alterations (which shall include, but not be limited to,
any deviation from circuit or structural machine design as provided
by mot, installation or removal of tam features, or any other modifica.
tion or maintenance related activities, whenever any of the fore.
going are performed by other than mot representatives) ; any
machine other than those owned by mm, under warranty provision
of an IBM Purchase Agreement or under an IBM Maintenance
Agreement; failure to provide a suitable installation environment
with all facilities prescribed by the appropriate IBM Installation
Manual — Physical Planning (including but not limited to, failure -
of, or failure to provide adequate electrical power, air conditioning
or humidity control) ; the use of supplies or materials not meeting
tent specifications for such installation; or the use of the machine
for other than data processing purposes for which'designed.
IBM shall not be responsible for failure to provide.serdre or parts
due to causes beyond its control or required to adjhst or repair an
machine or part if it would be impractical to do so because of
alterations in the machine or its connection by mechanical or elec.
trical means to another machine or device or if the machine is
located outside the United States, Puerto Rico or the Canal Zone
Maintenance, Service and Parts
IBM will, if requested, provide the Purchaser with maintenance ,
service for the machines, and repair or replacement parts, as long
as they are generally available, on the basis, of mm's established
prices and terms prevailing at the time.
Configuration Changes, Additional Features,
Model Conversions
By agreement between mm and the Purchaser, changes in the
configuration of machines described herein may be'made prior,to
the date of shipment. Additional features and model conversions ,
which are field installable may he ordered in writing by the Pur,
chaser under this Agreement, at any time after its acceptance by
ism, for installation in the machines subject to the then prevailing
prices and terms and conditions.
Commencing on the Date of Installation of an additional'featare
or model conversion increment the following warranties as described '
g
•
above, shall apply thereto: (i) a one year Service and Parts War-
ranty if installed on a Warranty Category A machine; (ii) a three
month Service and Parts Warranty if installed on a Warranty
Category B machine; or (iii) a three month Parts Warranty if
installed on a Warranty Category C machine. In addition to the
foregoing, an additional feature or model conversion increment
installed on a Warranty Category B or C machine within one year
of the Date of Installation of the machine will have the unexpired
Warranty, if any, of such machine.
Accessories, Engineering Changes,
Cards, Tapes and Supplies
IBM will, upon request, furnish to the Purchaser, at tam's estab-
lished prices and terms prevailing at the time, any machines,
attachments, features and engineering changes as ram shall have
available for We and which may be suitable for use on, or in con-
nection with, the machines. But rem makes no representation that
such machines, attachments, features or engineering changes which
may be announced in the future, will be suitable for use on, or in
connection with, these machines. IBM will also furnish to the Pur.
chaser, upon request, at tam's established prices and terms prevailing
at the time, cards, tapes and other supplies used in the operation
of the machines, as long as ism has them available for sale.
Limitation of Liability
The foregoing warranties are in lieu of all other war.
ranties express or implied, including, but not limited
to, the implied warranties of merchantability and fitness
for a particular purpose.
The Purchaser- further agrees that mm will not he liable for any
lost profits, or for any claim or demand against the Purchaser by
any other party, except a claim for patent infringement as provided
herein.
No action, regardless of form, arising out of the transactions under
this Agreement, may be brought by either party more than one year
after the cause of action has accrued, except that an action for non-
payment may be brought within one year after the date of last
payment.
In no event will tam be liable for consequential damages even if
mm has been advised of the possibility of such damages.
Patent Indemnity
IBM will defend at its own expense, any action brought against
the Purchaser, to the extent that it is based on a claim that the
machines supplied by tam, or the operation of such machines pur-
suant to a current release and modification level of any Type I
program or System Control Programming furnished by ism, infringe
a United States patent and, rem will pay those costs and damages
finally awarded against the Purchaser in any such claim, but such
defense and payments are conditioned on the following:
Received by IBM at------ Corpus Christi, Texas #115 -------------------------------------
By--------------------------------------------------------
Manager's Signstare
------------------------------------------------------------
Manager's Name (Type or Print)
OIL --------------------------------------------------------
Date
Accepted by:
International Business Machines Corporation
By--------------------------------------------------------
Authorlaed Signature
-----------------------------------------------------------
Name (Type or Print)
-----------------------------------------------------------
Title
On---------------------------------------------------------
Date
xi ao.xrso -o
cu /a.00n
P SE*
(i) that IBM shall he notified promptly in writing by the Pur-
chaser of any notice of such claim; and
(ii) that mm shall have the sole control of the defense of any
action on such claim and all negotiations for its settlement
or compromise; and
(M) should the machines, or the operation thereof, become, or
in IBM's opinion he likely to become, the subject of a claim
of infringement of a United States patent, that the Purchaser
shall permit tam, at its option and expense, either to procure
for the Purchaser the right to continue using the machines,
ta replace or modify the same so that they become non -
infringing, or to grant the Purchaser a credit for such
machines as depreciated and accept their return. The de•
preciation shall be an equal amount per year over the life
of the machines as established by mm.
IBM shall have no liability to the Purchaser under any provision
of this clause with respect to any claim of patent infringement which
is based upon:
(f) the combination, or utilization, of machines furnished here-
under with machines or devices not made by mm; or
(ii) the operation of machines furnished by Ism pursuant to any
program other than, or in addition to, the aforementioned
Type I programs or System Control Programming; or
(iii) the modification by the Purchaser of machines furnished
hereunder or of the aforementioned Type I programs or
System Control Programming.
The foregoing states the entire liability of tam with respect to
infringement of patents.
General
This Agreement is not assignable without written permission from
tam; any attempt to assign any rights, duties or obligations which
arise under this Agreement without such permission shall be void.
This Agreement will he governed by the laws of the State of New
York. It constitutes the complete and exclusive statement of the
agreement between the parties which supersedes all proposals, oral
or written, and all other communications between the parties relating
to the subject matter of this Agreement.
If any provision or provisions of this Agreement shall be held
to he invalid, illegal or unenforceable, the validity, legality and
enforceability of the remaining provisions shall not in any way be
affected or impaired thereby.
This Agreement may only be changed in a writing, executed on
behalf of rum and of the Purchaser. The term "this Agreement"
as used herein includes any applicable Installment Payment Agree-
ment, Supplement, or future written amendment made in accordance
herewith.
The Pttrehaser acknowledges that he has read this
Agreement, understands it and agrees to all terms and
conditions stated herein.
---- - - - - -- -City ofof- Cor�rus Christi-------- --
By----- - - - - -- - ------------ tetra -
Autlwrlsed Signature-
----------- R._ 4@Lnk 10- wrlaeR4 --------------- -
Name (Type or Print)
............ City_ kIanage r------- --- -------- - - - ---
Title
On -------- Nov_embei -Z, -1973 --------------- ---
Date
CUSTOMER
Wational Business Machines Corporation Armonk, New York
Installment Payment Agreement
(State and Local Government)
To: International Business Machines Corporation
Branch Office Address:
Agreement No.:
520 South Chaparral Street
Corpus Christi, Texas 78401
Ba Off- No-- 115
Name and Address of Purchaser: -
Coffiomer No.: 220504
City of Corpus Christi
302 South Shoreline
Corpus Christi, Texas 78401
This Installment Payment Agreement supplements and amends Agreement No.
dated
,
19 , between International Business Machines Corporation (hereinafter called IBM) and the above Purchaser
-named
with respect to the following rant machines and features (hereinafter collectively called the machines) referred to in said
Agreement:
Type Madel Description Quantity
Uait Prim Amount
3135 GDO Processing Unit 1
$432,305.00 $432,305.00
3046 001 Power Unit 1
15,550.00 15,550.00
3215 001 Printer Keyboard 1
8,000.00 8,000.00
TOTAL
Terms and Conditions
I. Cash Price (if this were a cash sale) ..................... ..............................8 455 855.00
2. Cash Down Payment .................................. ......... ......................8 22.792.75
3. Unpaid Cash Price (Item 1 minus Item 2) ................ ......... ......................$ 433, Q62 25
4. Interest .............................................. ........ ......................8 65 081.2 7
5. Contract Time Balance (Sum of Items 3 and 4) ............ ......... ......................8 498 ,143.52
6. Insurance Charges .................................... ...............I..............$ None
7. Official Pees (Filing or Recording ) ........................... .....,....................$ None
8. State and Local Taxes (if applicable) ..................... ......:.......................8 -O-
9. Total Ca =h PaI npnl I,Snru of arms 2 and 8) ............... ..............................3 27 792 75797 75
10. Total Time Sale Price ( SumofIb-i ns5 and 0) .............. ..............................$ 520.916.2-7
i !• a•.• .r:.l a ;1 •, -: • , _.:, ,, to e�w rr :rs timn.ds o17ii •• rddrrss �i:b••1 ubnre anl,•ss nnti�ied ro the runuury.
urchaser promises to pay in full the Total Cash Payment consisting of the Down Payment and taxes (if applic�
pon the date of installation of the machines or (b) with respect to irLtalled machines, on the effective date
base, and to pay the Contract Time Balance in consecutive Periodic Paymenta including Interest for the Fiscal Pert
as set forth below:
PAYMENT PLAN I
PAYMENT PLAN II
The Periodic Payment for Period I is due with respect to
new machines on the first business day of the month following
the month of installation and with respect to installed ma-
chines on the first business day of the month following the
month of effective purchase, and the Periodic Payments for
Periods 2 through ti are due on the first business
day of each succeeding Fiscal Period If Payment Plan I has
been chosen, payments must he made in full on the due dates.
If Payment Plan II has been chosen, payments must be made
in equal consecutive monthly installments, beginning on the
due dates and continuing on the corresponding day of each
month of the Fiscal Period until fully paid. Payments include
Interest in the appropriate amount indicated above.
All remittances are to be made at 520 South
Chaparral St.. Corpus Christi. Texas ,
Notwithstanding the foregoing, if the legislative body appro-
priating funds for the Purchaser does not allocate funds for
such Periodic Payment for any future Fiscal Period, the
Purchaser will not be obligated to pay the Contract Timc
Balance remaining unpaid beyond the then current Fiscal
Period. The Purchaser agrees to notify mat of such non-
allocation 6t the earliest possible time, by a letter directed
w DPD NIanaaer, IBM
Corpus Christi Texas 78401 .
Title to the machines and any replacements and additions
shall remain in tail and assigns until the Total Time Sale
Price is fully paid. Iit the event that funds are not allocated
as provided above. and the Purchaser is unable to make further
payments under this contract heyond the then current Fiscal
Period, Tom will, within a reasonable time after the end of
such Period, enter and take Ilse machines front Purchaser's
premises and will retain all sums previoosly paid by Pur-
chaser to unt. cousi,timt of the Cash Doan Payment and
Periodic Payments; proviJed, however. that upon Purchaser's
request, Purchaser may retain the machines during a reason-
able eonvrr,ion period agreed to by tv:,i at then current rental
ehar,;r•s, be�innin no the first day folinain� the last Fist'al
Period for which paynn•nt ha.+ been made hereunder. If the
machines. at the time of reposr.essinn by mu, are not in averago
good condition and apt name for marhiriee of their ages and
type, billy operational and in ;;god i—rking order, ordinary
wear and v-ar excep6•d, ILrr I'urrha,er shall n:imhur,e mat for
the artnal iiwc and rsstcri ;1:, at n;as'< then current rants, exs
pended by mat to restnnr the machimw to :,uric condition.
The machines shall remain personal property, not become
part of the freehold, and be kept at No.
302 South Shoreline
(street Adds—)
Corpus Christi, Nueces, Texas
(city) (CWaaty) Mass)
General
The Purchaser having been offered the choice of purchasing
at the foregoing Cash Price (plus applicable taxes) or at the
Total Time Sale Price, has elected to purchase at such Total
Time Sale Price.
This Installment Payment Agreement is not assignable by
the Purchaser; none of the machines may be leased, assigned
or transferred by the Purchaser. Any attempted assignment or
transfer by the Purchaser of any of the rights, duties or obli-
gations of this Installment Payment Agreement will be a
breach of this contract and will result in termination of the
Agreement and repossession of the machines by tact, with all
monies paid to be considered partial compensation for ma-
chine use to the date of such repossession.
The Purchaser agrees to assume full responsibility for all
taxes and other charges payable in connection with this
Agreement and to pay them promptly to the governmental
body or agency which levies or assesses such taxes or charges;
except that any taxes which the assessing body or agency is not
empowered to collect from the Purchaser must b.: paid to (cat
in full on the dale of installation of newpoachines and /or
the effective date of purchase of installed machines.
The Purchaser agrees to pay reasonable attorneys fees for
enforcing rights after the Purchaser's default; and to satMy
all liens a°ainst the rnachine';. Time is of the essence; if tiny
of the Purr-IraEer, s payments are not paid promptly wheu due
or if the machines or any of them, be removed, destrovrd, or
encambercd or if the Purchaser assigns or di -poses of any
legal or equitable right, interest, property or sperial property
right in thu machines, or any of them, this Agreement will
have been breached and mat will:
(1) retain all monies paid by Purchaser, which will he
considered as partial comprnsation for machine use;
(2) take the machines from Purcha -!_r's premises (and
the machines may be sold with or without notice at private
Total of
Total Interest
Filled
(Annual) (Biennial) Interest Monthly Monthly Payments
for Fiscal Period
Period
Periodic Payment (Included in Payment) Payment for Fiscal Period
(Included is Payments)
1
$ 8,693.10 8
$2,117.13
2
10,054.71 12
1,456.53
3
9,535.09 12
.936.91•
7,179.42 12
535,37.
4
6,777.89 12
133.84' .
5
6
6,508.35 - 4
-0- -
The Periodic Payment for Period I is due with respect to
new machines on the first business day of the month following
the month of installation and with respect to installed ma-
chines on the first business day of the month following the
month of effective purchase, and the Periodic Payments for
Periods 2 through ti are due on the first business
day of each succeeding Fiscal Period If Payment Plan I has
been chosen, payments must he made in full on the due dates.
If Payment Plan II has been chosen, payments must be made
in equal consecutive monthly installments, beginning on the
due dates and continuing on the corresponding day of each
month of the Fiscal Period until fully paid. Payments include
Interest in the appropriate amount indicated above.
All remittances are to be made at 520 South
Chaparral St.. Corpus Christi. Texas ,
Notwithstanding the foregoing, if the legislative body appro-
priating funds for the Purchaser does not allocate funds for
such Periodic Payment for any future Fiscal Period, the
Purchaser will not be obligated to pay the Contract Timc
Balance remaining unpaid beyond the then current Fiscal
Period. The Purchaser agrees to notify mat of such non-
allocation 6t the earliest possible time, by a letter directed
w DPD NIanaaer, IBM
Corpus Christi Texas 78401 .
Title to the machines and any replacements and additions
shall remain in tail and assigns until the Total Time Sale
Price is fully paid. Iit the event that funds are not allocated
as provided above. and the Purchaser is unable to make further
payments under this contract heyond the then current Fiscal
Period, Tom will, within a reasonable time after the end of
such Period, enter and take Ilse machines front Purchaser's
premises and will retain all sums previoosly paid by Pur-
chaser to unt. cousi,timt of the Cash Doan Payment and
Periodic Payments; proviJed, however. that upon Purchaser's
request, Purchaser may retain the machines during a reason-
able eonvrr,ion period agreed to by tv:,i at then current rental
ehar,;r•s, be�innin no the first day folinain� the last Fist'al
Period for which paynn•nt ha.+ been made hereunder. If the
machines. at the time of reposr.essinn by mu, are not in averago
good condition and apt name for marhiriee of their ages and
type, billy operational and in ;;god i—rking order, ordinary
wear and v-ar excep6•d, ILrr I'urrha,er shall n:imhur,e mat for
the artnal iiwc and rsstcri ;1:, at n;as'< then current rants, exs
pended by mat to restnnr the machimw to :,uric condition.
The machines shall remain personal property, not become
part of the freehold, and be kept at No.
302 South Shoreline
(street Adds—)
Corpus Christi, Nueces, Texas
(city) (CWaaty) Mass)
General
The Purchaser having been offered the choice of purchasing
at the foregoing Cash Price (plus applicable taxes) or at the
Total Time Sale Price, has elected to purchase at such Total
Time Sale Price.
This Installment Payment Agreement is not assignable by
the Purchaser; none of the machines may be leased, assigned
or transferred by the Purchaser. Any attempted assignment or
transfer by the Purchaser of any of the rights, duties or obli-
gations of this Installment Payment Agreement will be a
breach of this contract and will result in termination of the
Agreement and repossession of the machines by tact, with all
monies paid to be considered partial compensation for ma-
chine use to the date of such repossession.
The Purchaser agrees to assume full responsibility for all
taxes and other charges payable in connection with this
Agreement and to pay them promptly to the governmental
body or agency which levies or assesses such taxes or charges;
except that any taxes which the assessing body or agency is not
empowered to collect from the Purchaser must b.: paid to (cat
in full on the dale of installation of newpoachines and /or
the effective date of purchase of installed machines.
The Purchaser agrees to pay reasonable attorneys fees for
enforcing rights after the Purchaser's default; and to satMy
all liens a°ainst the rnachine';. Time is of the essence; if tiny
of the Purr-IraEer, s payments are not paid promptly wheu due
or if the machines or any of them, be removed, destrovrd, or
encambercd or if the Purchaser assigns or di -poses of any
legal or equitable right, interest, property or sperial property
right in thu machines, or any of them, this Agreement will
have been breached and mat will:
(1) retain all monies paid by Purchaser, which will he
considered as partial comprnsation for machine use;
(2) take the machines from Purcha -!_r's premises (and
the machines may be sold with or without notice at private
*t public sale, with or without having the machines
at the sale, at which sale mst or assigns may purchase) and
(3) pursue any other remedy permitted by law.
Waiver of any default shall not be a waiver of any other
default; all of tax's rights hereunder are cumulative and not
alternative.
If the unit price for any machine is adjusted as provided
In the Agreement herein referred to, Items No. 1 through
No. 10 on the face hereof and the payments herein agreed
to he paid shall be adjusted and this Installment Payment
Agreement shall be amended accordingly.
The Purchaser agrees to procure and maintain fire insur-
ante with extended coverage on the machines for the full
insurable value thereof for the life of this Installment Pay
ment Agreement, the policy for such insurance being endorsed
to show loss payable to IBx and assigns as respective interests
may appear. Failure by the Purchaser to obtain such insurance
will be deemed a default. Upon request a certificate of such
Insurance will be furnished to IBM or assigns.
If any of the provisions hereof are in conflict with any
applicable statute or rule of law, then such provisions shall
be deemed inoperative to the extent that they may conflict
therewith and shall be deemed to be modified to conform with
such statute or rule of law.
This Installment Payment Agreement and its
attached Worksheet and the Agreement herein re-
Received bylBSlat CoCplls Christi Texas
Manager'. st".t-
-__----------------- ---- --- ---- -------------- - - ----
Manager'. Name (Type or Print)
On--- -------------------------------------------
Date
Accepted by:
International Business Machines Corporation
By---------------------------------
Authorized signature
-----------------------------------------------------
Namo(Typc or Print)
.______________ __ ____ ___ _ ___ _.
Data
w'itnr�s to Shci�r'e Signntnre
------------------------------------------------------
ferred to relating 'to the purchase by.the Purchase
of the machines constitute a single agreement and
the entire agreement between the Purchaser and
mi with respect to the purchase and sale of, and
terms of payment for, the machines listed in the
said Agreement The terms and conditions of
this Installment Payment Agreement shall prevail
notwithstanding any variance with the terms and
conditions of the said Agreement.
NOTICE TO THE PURCHASER
1. Do not sign this contract before you read it or if
it contains any blank spaces.
2. You are entitled to an exact copy of the contract
you sign.
3. You have the right to pay off in advance the full
amount due and to obtain a partial refund of the
charge for interest
THE PURCHASER ACKNOWLEDGES RECEIPT
OF A TRUE COPY OF THIS AGREEMMENT
AND THE ATTACHED WORKSHEET, AND
THE AGREEMENT HEREIN REFERRED TO.
-- -- -0iW__n£ CnrpLu&_Christi--------------------
Purchaser
ii
By----------------------------------- — --------------
Aathorizrd Sign.ture
______________________________________________________
Norae (Typo or Print)
-----------------------------------------------------
TIDe
On----------------------------------------------------
Dote
J
------------------------------------------------------
wit.— M rar:hnecr'a Sig- --
_______________________ ___ ________________ ____________
Wit— t,, f•ur.�h..,�•r's ii,, n:rturc
•
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
•
Corpus Christi, Texas
I _g day of ~ d2co7st./yf fJ, 197.3
For the reasons set forth in the emergency clause of the foregoing
ordinance, a public emergency and imperative necessity exist for the suspen-
a ion 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,
MAYO
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Jason Luby
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark
The above ordinance was passed by the following vote:
Jason Luby
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark