HomeMy WebLinkAbout02656 ORD - 12/06/1949AN ORDINANCE
AUTECRIZING AND DIRECTING THE CITY AGER TO EXECUTE
FOR AND ON BEHALF OF THE CITY OF C CHRISTI. TEENS
A LEASE CONTRACT WITH OPTION TO PURCHASE SIX (6) DUMP
TRUCKS, FOUR (4) 1* TON CAB AND CHASSIS, AND FIVE (5)
2 TCN CABS AND CHASSIS AS SET FORTH IN SAID LEASE CON-
TRACT, FOR A TOTAL CONSIDERATION OF TWENTY -EIGHT THOUS-
AM FOUR HUNDRED SIXTY -EIGHT AND 26/100 DOLLARS ($28.468.26)
FOR THE USE OF THE CITY DEPARTNEUTS SET FORTH IN SAID LEASH
CONTRACT, SAID AMOUNT AS TO $10,335.27. BEING PAYABLE OUT
OF STREET FOND NO. 108, AND TEE BALANCE BEING PAYABLE OUT
OF CURRENT FUND NO. 102, LESS SUCH CREDITS FOR INTEREST
AS THE CITY MAX BE ENTITLED TO; A COPY OF WHICH CONTRACT
IS A PART OF THIS ORDINANCE; AND DECLARING AN EMERGENCY
BE IT ORDAINED BY TEE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEENS:
SECTION 1. That the City Manager of the City of Corpus
Christi, be and he is hereby authorised and directed to execute a
lease contract v&th option to purchase six (6) dump trucks, four (4)
1j ton cab and chassis, and five (5) 2 ton .cabs and chassis as set
forth in said lease contract, for a total consideration of twenty -eight
thousand four hundred sixty -eight and 26/100 dollars (128.468.26). for
the use of the City Departments set forth in said lease contract. said
amount being payable out of Street Fund 108 as to $10,335.27. and the
balance being payable out of Current Fund 102, and less such credits
for interest as the City maybe entitled to, a copy of which contract
is a part of this ordinance and reads as followa:
z%
STATE OF TEXAS Q
COUNTY OF NUECES
This LEASE AG NT made and entered into between the CITY OF CORPUS
CHRISTI, a municipal corporation of Nueces County, Texas, hereinafter called the
CITY and GEORGE JOBS INC CORYPS CURT -MI, TEXAS
hereinafter called LESSOR,
W I T N E S S E T H:
Ia
LESSOR has leased, demised and rented, and by these presents does lease,
demise and rent to CITY for the period from the
day of , A.D.
1949, to the 2nd day of August, A.D. 1951, both dates inclusive, tae following
equip ent:
City Dept.
Total -
Park 1 - 112 Ton Dump Truck $2009.00
ea. $2009.00
Refuse Coll. 4 - lz Ton Cab & Chassis 1$89.$0
6358.00
Garbage Coll. 5 - 2 Ton Cab & Chassis 1839.50
9197.50
Street 5 - 11, Ton Dump Trucks 2009.00 10045-00 vq -
�7
It is distinctly and specifically understood that the equipment herein
leased and rented by CITY from LESSOR shall be used exclusively in the service of
CITY.
I I,
In consideration for the lease and rental of said equipment, CITY promises
to pay LESSOR and LESSOR agrees to accept from CITY the following rentals.on or be-
fore the dates specified below,
Date - Amount
Initial leierrtd balance from Dec. payment, $97205.00, and , 191+9, $ 10.063.76
08 when of above equipment is
delivered to CITY
August 2, 1950 lease payment in advance to $ 9.205.00
August 2, 1951; final payment to exercise purchase $ 9.129.50
option
It is agreed by LESSOR AND CITY that such rentals shall be paid from The
current revenues of CITY for the years in which such payments fall dues
III.
It is recognised that some of the equipment will be delivered by
LESSOR to CITY upon the effooti ve date of this lease, while some of the equip-
ment may not be delivered on such date, but LESSOR agrees and binds itself that
as to that portion of the equipment not immediately delivered to CITY that it
will forthwith order such equipment from the manufacturer and that such will be
sent to LESSOR earmarked for the CITY OF CORPUS CHRISTI and delivery will be
made immediately to CITY upon receipt thereof; in this connection, it is eati-
mated that total delivery hereunder am be affected within j: days
after the execution of this agreement.
With reference to the above equipment that is delivered upon the
effective data of this agreement, the CITY accepts such equipment in the condi-
tion in which it is now in, and LESSOR shall not be obligated or required to make
any improvements, replacements or repairs of any kind or character upon or to
said equipment or any of it during the term of this leases
With reference to the equipment which will be delivered after the
effective date of this agreements it is agreed by and between the parties here-
to that the CITY will have a reasonable time after the delivery of such equip-
ment to determine whether to accept or reject same. LESSOR shall not be obli-
gated to incur or pay any expense of any kind or character during the entire
term of this lease by reason of or in connection with the purpose for which said
equipment was designed. CITY agrees (1) to take the same care of said equipment
as a reasonably careful person would take care of his own property, and (2) to
keep said equipment in good repair and condition during the entire term of this
lease, subject only to normal wear and tear, by reason of its use by CITY for the
purpose for which said equipment was designed. CITY further agrees (3) that if
any of amid equipment is lost, taken or destroyed by fire, theft, windstorm, public
disaster, act of God, or any casualty or cause whatsoever, there shall be no abate-
ment of the rent provided for herein and (4) that CITY shall promptly and at its
expense replace any of said equipment which is so taken, lost or destroyed, and
(5) if a registration of license fee is required by the State of Texas then the
CITY shall be liable for the payment of such fee and in the event such a registra-
ti on or license fee is paid by the LESSOR, then the CITY shall reimburse the LESSOR
for any and all amounts paid as such license or registration fee by the LESSOR, and
(6) at the time the CITY exercises its option to purchase, as provided for herein,
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CITY agrees and obligates itself to execute all necessary and proper exemption
certificates on all Federal excise taxes paid by LESSOR and if within 30
days after the purchase by the CITY of the equipment herein leased and rented
by CITY from LESSOR, LESSOR has not been refunded by the Federal government said
Federal excise taxes, CITY binds and obligates itself to pay to LESSOR the full
amount of said Federal Excise taxes, provided, however, that if after CITY has
paid to the LESSOR the amount of said excise taxes, such taxes be refunded to
LESSOR, then LESSOR binds and obligates itself to pay to CITY the .mount of said
Federal excise taxes so refunded by the Federal government to LESSOR and thereto-
fore paid by the CITY to LESSOR, CITY (7) still further agrees to indemnify, hold
and save LESSOR harmless from any civil or criminal suit or liability whatsoever,
arising out of or in connection with the use or possession of said equipment by
CITY under this lease and for the entire term thereof.
IV.
CITY shall have the right and option to purchase said equipment from
LESSOR upon or before the expiration date of this lease, if CITY is not in default
in any of its obligations under this lease. This option may be exercised by CITYfS
giving notice in writing to LESSOR not leas than thirty (30) days prior to said
date of its intention to exercise said option, end by its payment to LESSOR in cash
of the am of $ 9,199.50 on or before the expiration date of this
leaseo There shall be deducted, however, from such purchase price the total amount
of all rentals paid by CITY to LESSOR for the rent of said equipment as provided
herein. The option payment for the purchase of and acquisition of title to said
equipment as so computed is $ 28,468.26 and the total consideration of
the rental and subsequent purchase by option of said equipment is the principal
sum of $ 27,609.50 , plus interest on the deferred payments subsequent
to the date of this instrument at the rate of 4 percent per annum from
that date until paid. Upon exercise of the option and payment of the purchase price
upon the terms and within the time aforesaid, LESSOR agrees promptly to execute and
deliver to CITY such instruments or evidenoes of title to said equipment as my be
necessary or proper to vest good title thereto in CITY.
V.
Default on the part of CITY in paying said rent or any installment thereof,
as hersinabove provided, or default co, CITY'S part in keeping or performing any of
the terms, covenanta, agreements or conditions contained in this lease shall authorize
- 3 -
LESSOR, at its option and at any tims after such default, and after thirty (30)
days' written notioe to CITY, to declare this lease terminated and to repossess
said leased equipment with or without legal process, and without prejudice to
any of its other legal rights, and any rental. provided for hereunder and unpaid
at the time of such default shall become, at LESSORoS option, immediately due
and payable and shall bear interest from such date until paid at the rate of
peroent per annum. In case CITY makes default in the performance of any of the
tame, covenants, agreements or conditions contained in this lease, and LESSOR
places the enforcement of this lease, or any part thereof, or the collection of
any rent due or to become due hereunder or the recovery of possession of said
equipment or any of it in the hands of an attorney, or files suit upon same,
CITY agrees to pay LESSOR, in addition to the rental payments provided for here-
in, a reasonable attorney's fee.
VI.
It is understood and agreed by and between the parties hereto as follows;
1. All payments of rentals, or any other payments hereunder shall be
made by CITY to the account of LESSOR, or its order, in
Hank, Corpus Christi, Texas.
2. This lease cannot be changed, varied or extended except by instru-
ment in writing signed by LESSOR and OITY, and failure to exercise the option of
forfeiting this lease in case of default on the part of CITY shall nab waive the
right of forfeiture, and any right accruing to LESSOR under this lease to forfeit
same shall not be waived or defaulted exoept by written waiver of LESSOR, aul accep-
tance of rent shall not be construed as such waiver.
3. A holding over after the termination of this lease shall not renew
or extend the same, but shall constitute CITY a tenant or possessor of said equip-
ment at sufferanoe.
VII.
LESSOR covenants and agrees (1) that CITY, on paying the said rent and
performing the -aid covenants oontained herein in the manner and within the times
herein provided, shall and may peaceable and quietly have, hold and enjoy possession
and use of amid leased equipment for the term aforesaid, and (2) that it will defend
CITY in peaceable possession of said leased equipment for the full term of this
lease, CITY covenants and agrees not to suffer, commit or permit any waste of or
damage to the leased equipment or any of it during the entire term of this lease.
_4m
The apparatus delivered to the CITY by LESSOR is warranted and guaranteed
and represented to be in fit, sound and work like condition and to conform in all
respects to the manufacturer's guarantee given to LESSOR.
MI.
It is understood and agreed by and between the parties hereto that in
the event the CITY at any time should exercise its option to purchase the equipment
specified herein, the CITY shall have no right to purchase only a part of said
equipment but the CITY shall be required and obligated to exercise its option
rights provided in this agreement on the whole of said equipment.
Za.
In this agreement where "it" is used, "he" shall apply in the proper
instance..
IN TESTIMONY THEREOF, the CITY OF CORPUS CHRISTI has caused this lease
agreement to be signed by its City Manager, countersigned by its City Controller,
and attested by its City Secretary, with its corporate seal affixed thereto, pur-
suant to the terms of an ordinance passed by the City Council, and LESSOR has
caused this agreement to be executed this day of , A=D. 1949=
Attests
CITY OF CORPUS CHRISTI, =A3
By
City Manager
City Secretary Countereigueess
City Controller
Approveds
Assistant My Attorney
sl CTM P. The aee amoy for praaldu g eqdpwow far the
ere of the ssdd PJIW DapartmeaM as sera as possible, beima at pdd" iar_
parsanesa erastw a pabiie awseassw and • publie impuwuw asaasa W ao.
goiriaa Abs :ripe -UML or the smarter rsle that as asdtsamr or re"Imwet
shall be _passed fiaa33r on the date it is imtradmad sad that sorb ardin.
am* or rtsslwWoma shall be goad at tbrae swwft -A aseti p of tha aiir
a mad law Never having dasiared that w h psmu B w md
imperatiae haceesitp eadst. red bsrolag requested that :ooh Charter raae
be mspeaadede Bred tbat this etd MMm be passed finally am the date at
its iatr*dm them and tale effest amd be is full forms said off." tram
sad attar its .passage. $ Is ACOMIRW so tl;F LMM.
PAS= AND APpsfiD 4b#a D.
19d�.
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. oityr of cerpm Cbristt, Pam
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C,
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�WZWi ME
Corpus Christi, Texas
1�m („ 1949
TO TES IUMBEES OF TO CITY COUNCIL
Corpus Christi, Texas
Gentlemen:
For the reasons set forth in the emergency clause of the fore-
going ordinance, a public emergency and imperative necessity exist for
the evapension 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
introduced, or at the present meeting of the City Council.
Respectfully,
City of Corpus Christi, Texas
The Charter rule was suspended by the following vote:
Jack De Forrest
Leslie Wasserman
I k�wtJ
--
Jack DeForrest
Sydney S. Herndon
Harney Cott
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Sydney E. Herndon
/L�t�,t
1
owma
George L. Ln
I
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The above ordinance was passed
by the following vote:
Leslie Wasserman
Jack De Forrest
Barney Cott
Sydney S. Herndon
George L. Lowman
m
19+9
I certify to the City Council that the money required
for the contract, agreement, obligation, or expenditure contemplated
in the above and foregoing Ordinance is in the Treasury of the City
i®J�Cmr0.O'v &�
of Corpus Christi to the credit of Fund No. /c 0 - ` ^'`, f "'•.= �
from which it is proposed to be drawn_
and such money is not appropriated for any other purpose.