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HomeMy WebLinkAbout02657 ORD - 12/06/1949TEXAS AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TEXAS TEXAS A LEASE CONTRACT WITH OPTION TO PURCHASE EIGHT `8) PICKUPS, TWO (2) la TON GAB AND CHASSIS, AND TWO (2) 1i TON FLAT BED AS SST FORTH IN SAID LEASE CONTRACT. FOR A TOTAL CONSIDERARICN OF SEv1wmm THOmM SIM AND 22100 DOLLARS ($17,060.22) FOR THE USE OF THE CITY DEPARTMENTS SET FORTH IN SAID LEASE CONTRACT, SAID AMOUNT AS TO $7,436.35 being .PAYABLE OUT OF STREET FUND NO. 108, AND THE BALANCE BEING PAYABLE OUT OF CURRENT FUND NO. 102, LESS SUCH CREDITS FOR INTEREST AS THE CITY.MAY BE ENTITLED TO= A COPY OF WHICH CONTRACT IS A PART OF THIS ORDINANCES AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI SECTICN 1. That the City Manager of the City of Corpus Christi, be and he is hereby authorized and directed to execute a lease contract with option to purchase eight (8) piekups, two (2) 12 ton cab and chassis, and taw (2) 1j ton flat bed as set forth in said lease contract, for a total consideration of Seventeen Thousand Sixty and 22/100 Dollars ($17,060.22), for the use of the City Departments as set forth in said lease contract, said amount as to $7,436,35 be- ing payable out of Street Fund No, 108, and the balance being payable out of Current Fund No. 102, lees such credits for interest as the City may be entitled to, a copy of which contract is a part of this ordinance and reads as follows, to -wit: a co5q STATE OF TEXAS COUNTY OF NUECES This LEASE AGR86`MBNT made and entered into between the CITY OF CORPUS CHRISTI, a municipal corporation of Nueces County, Texas, hereinafter called the CITY and FRANK MUDEN MOTORS CORPUR PFTRTATT, TRYAR - hereinafter called LESSOR, W I T N E 3 3 E T H; I. LESSOR has leased, demised and rented, and by these presents does lease, demise and rent to CITY for the period from the 1st day of December , A.D. 1949, to the 2nd day of Augusta A.D. 1951, both dates inclusive, the following equipment; - City Dept. Total Electrical 1 - z Ton Pickup $1199.70 ea. $1199.70 n,aB Park 1 - 3/4 Ton Pickup 1279.85 1279.85 1 - q Ton Pickup 1199.70 1199.70 Bldg Maint. 1 - 3/4 Ton Pickup 1279.85 1279.85 Refuse Coll. 1- i Ton Pickup 1199.70 • 1199.70 2 - 1T Ton Cab & Chassis 1576.33 3.152.66 11.71:_ 4F11.4 - y"I.I eSd Y,7j Street 3 - 3/4 Ton Pickup 1279.85 3839.55 2 - ll Ton Flat Bed 1697.33 3394.66 v °Y Y 7 u3` 3� It is distinctly and specifically understood rtat�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 payment, $5517.00, and int" on deferred balance from Dec.l , 19490 $ 6.031.55 OR when 1i0,� o£ above equipment is delivered to CITY August 2, 1950 lease payment in advance to 9 5.517.00 August 2, 1951, final payment to exercise purchase 5.511.67 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 due. III. It is recognised that some of the equipment will be delivered by LESSOR to CITY upon the effeatL ve date of this lease, while some of the equip- ment my 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 MRISTI and delivery will be made immediately to CITY upon receipt thereof; in this connection, it is esti- mated that total delivery hereunder can be effected within 1$ days after the execution of this agreement. With reference to the above equipment that is delivered upon the effective date of this agreement, the CITY accepts such equipment in the ccndi- ti on 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 lease. 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 said 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 than the CITY shall be liable for the payment of such fee and in the event such a registra- tion 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, - 2 - 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, than LESSOR binds and obligates itself to pay to CITY the mount of said Federal excise taxes ■o refunded by the Federal government to LESSOR and thereto- fore paid by the CITY to LESSCR, 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 maid 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 CITY'S giving notice in writing to LESSOR not lase than thirty (30) days prior to said date of its intention to exercise said option, and by its payment to LESSOR in cash of the sum of 5,5ll 67 on or before the expiration date of this lease. There shall be deducted, however, from much 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 $ 17,060.22 and the total consideration of the rental and subsequent purchase by option of said equipment is the principal a— of S. 16,545.67 , plus interest on the deferred payments subsequent to the date of this instrument at the rate of h 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 evidences of title to said equipment as my be necessary or proper to vast good title thereto in CITY. V. Default on the part of CITY in paying said rent or any installment thereof, as hereinabove provided, or default on CITY73 part in keeping or performing any of the terms, covenants, agreements or conditions contained in this lease shall authorize -3e LESSOR, at its option and at any time after such default, and after thirty (30) days' written notice 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 rentals provided for hereunder and unpaid at the time of such default shall become, at LESSOR'S option, immediately due and payable and shall bear interest from such date until paid at the rate of k percent per annum. In case CITY makes default in the performance of any of the terms, 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. YI . It is understood and agreed by and between the parties hereto as follwas 1. All payments of rentals, or any other payments hereunder shall be made by CITY to the account of LESSOR, or its order, in Rank, Corpus Christi, Texas. 2. This lease cannot be changed, varied or extended except by instru- ment in writing signed by LESSOR and CITY, and failure to exercise the option of forfeiting this lease in case of default on the part of CITY shall not waive the right of forfeiture, and any right accruing to LESSOR under this lease to forfeit some shall not be waived or defaulted except by written waiver of LESSOR, and accep- tance of rant 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 - went at sufferance. vII. LESSOR covenants and agrees (1) that CITY, on paying the said rent and performing the said covenants contained herein in the manner and within the times herein provided, shall and may peaceable and quietly have, hold and enjoy possession and use of said 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. The apparatus delivered to the CITY by LESSOR is warranted and guaranteed and represented to be in fit, sound and workmanlilm condition and to conform in all respects to the manufaoturer °s guarantee given to LESSOR. VIII. 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. IX. In this agreement where "it" is used, "he" shall apply in the proper instance. IN TESTIMONY 7EEREOF, 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- scant 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, TEXAS By - City Manager City ecretary Countersignees: City Controller Approved: Assistant ity ttorney i SECTION 2. The necessity for providing equipment for the use o£ the said City Departments as soon as possible, being of public im- portanoe, creates a public emergency and a public imperative necessity re- quiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date it is introduced and that such ordin- ance or�reselution shall be read at three several meetings of the City Councils and the Mayor having declared that such public emergency end imperative necessity exist, and having requested that such Charter rule be suspended, and that this erdinanoe be passed finally an the date of its intreductien and take effect and be in full force and effect From and after its passage, IT IS ACCCRDINGLY SG ORDAINED. PASSED AND APPROVED This day of Ai Q__ A. D. 1949. AR1TyST: �1V\ CITY UeoretalT _ .. APPR AS TO LEGAL FORM i AVU orna .. ........Mayer... .... .. .. City of Corpus Christi, Texas �Cor�pus Christi, Texas l la C- L , 1949 TO TE BEMEES OF TH6 CITY CODBCIL Corpus Christi, Texas Gentlesens For the reasons set forth in the emergency clause of the fore- going ordinance, a public emergenoy and imperative necessity exist for the suspension of the Charter rule or requirement that no ordinanoe or resolution shall be passed finally on the date it is introduced, and that such ordinance or revolution 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, MAX K City of Corpus Christi, Texas The Charter rule vas suspended by the following votes Leslie Wasserman Jack DeForrest n Barney Cott Sydney E. Herndon George L. Lowman The above ordinance was passed by the fol- lowiV3ngg vote. Leslie Wasserman 41 Jack De Forrest UD Barney Cott / c � {, ,p , Sydney E. Herndon George L. Lowman 4 &5� ye �cm bC.y �a 1949 I certify to the City council . that the money required for the contract, agreement, o'bligst ou.,or expenditure contemplated in the above and foregoing Ordinance is in the treasury of th City /oz a Ur.- Of Corpus Christi to the credit of Fund No. to I S-fs from which it is proposed -bo be drawn, and such money is not appropriated for any other purpose. / J Difector or Finance