HomeMy WebLinkAbout02666 ORD - 12/20/1949AN [RDXAANCE
AUT1OR/S1NIAWDTHEST1M4 TAN CITY MANAGER" 20'
E%BGUf$ -_YO& *ow WALT OF TAB CITY OF CORPUS
CHRISTI.,T$XAB. L .LEASE_ C0N'PBMCT TFITH OPTION TO `
PMCBb.$E RADIO TRARBMITTER AND RECEIVER SQUID*
DENT DITH 1COPOSORISS, AS" DESCRIBED, IN' SAID::7F.ASE
CONTRACT. A!TM E#ECTRONtc EQUIppENT AND ESOINEERffiG
COMPJJIYe iPARTEERSHIP,CF -COBVUS CHRISTI, TEXAS,
BY J.4, moo, - PARTNER -AND 3oLG&BS; FOB TEE TOTAL
C0 IDSRA'TION OF SEV&RTEEN:THOUSAND ONE HUNDRED _
77407T.OWANO 83/00 D0LL&RS ( *17,125:83) EOR.THS
C=Y> S ET YO$H I S.ISE COB—
-BEING PATOW T OiF . CSSEEfr FUND
. COSTRACT -TS PAHi-OF, THIS
BE TB ORDAINED BY TBE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI.
TEXASt
:,SECTIOS 1. That the City Manager of the City of Oerpus Christi,
be andlhe is hereby,autherised end:-direc %.d to eaecnte a lease oentrant with
apnea ks purahaee radis tranaattter and receiver equipment With accessories,
s deearibed in said lease eentraht, with Eis etrenie Equipment end Engineering
Compuw, a partnership of Corpus Christi. Texas, by J. H. Burney, Partner and
Manager; for the total consideration of Seventeen Theusand One Hundred Twenty.
One and 63/100 Dollars ($17.121.83)0 ter the use of City Fire and Pelice Depart.
is said U.ea*e:: aontractf,said; amount being payable out of
oat hard ` S.j,• 102; a eapy ei nbieh (contract- is a part of this ordinance end
read■ as fallen!, to.w be
STATE .01..TEXAS
COUNTY OF NUECES
This LEASE AGREEMENT made and entered into between the CITY OF CORPUS
CHRISTI, a municipal corporation of Nueces County, Texas, hereinafter called the
CITY and Electronic Equipment and Engineering Company Cbous Chrs a +A, Tavaa •
hereinafter called LESSOR,
W I T N E S S E T H
Ie
LESSOR has leased, demised and rented, and by these presents does lease,
demise end rent to CITY for the period from the 15tty of February , A,D,
1950, to the 2nd day of August, A.D. 1951, both dates inclusive, the following
equipments Complete details attached and made a part hereof.
Summarized as follows;
Complete Remote Controlled Central Station Transmitter and Receiver with
all Accessories, for Fire Dept. - $ 1,310.75
Complete Remote Controlled Central Station Transmitter and Receiver with
all Accessories, for Police Dept. - 1,316.00
32 Mobile Transmitters and Receivers complete with all Accessories - 11,429.12
16 Mobile Receivers complete with all Accessories - 2,6414.16
Total Cost of Equipment and Accessories, F.D.R. Corpus Christi, Texas - $16,700.03
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.
2I,
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, $5,567.00, and
int.on deferred balance from Feb.15 , 1950, $ 5.988.80
OR when 14c82 of above equipment is
delivered to CITY
August 2, 1950 lease payment in advance to $ 5,567.00
August 2, 1951; final payment to exercise = 5.566.03
purchase option
It is agreed by LESSOR AND CITY that such rentals shall be paid from the
ourrent revenues of CITY for the years in which such payments fall due.
QUAN. STOCK N0.
2 FM176A
2 E
2 FM40A
2 E
2 RSA -251M
2 CL-2T
2 3HW
2 155- PTA -A4
2 U0 -217U
2 49550
2 83 -1SPN
200, RG-17U
2 P -30
1 M-3
2T FM-47X
27 E
27 FM -177X
27 E "
11 FM- 471(12volt) "
11 E "
FM- 1771(12volt)"
Ti n
EQUIPMENT LIST - CITY OF CORPUS CHRISTI
December 12, 1949
BRAND DESCRIPTION NET COST
Kaar Station Transmitters
Crystals for above
" Station Receivers
Crystals for above
Remote Controls
" Monitors
Workshops Station Antenna
Adaptor
" n
Jacks
Amphenol Connector
Coas Cable
Kaar Pre - Amplifiers
Tuning Meters
Mobile Receivers
" Crystals for above
Mobile Transmitters
Crystals for above
Mobile Receivers
Crystals for above
Mobile Transmitters
Crystals for above
Ward Auto Antennas
Easy -Up Steel Tower
RCA Tube
n n
" If
11
11
39
1
SPP -18
500
8 3.44
4 2E24
8 6AK5
7 6.11K6 l0 6BH6
3 6AL5
3 646
1 T71
1 R-6-
n
n
n
Kaar
n
n
0
Vibrator
n
@ $425.00 $ 850.00
I§ 6.90 13.80
@ 172.00 344.00
@ 6.90 13.80
® 254.00 5o8.00
O 43.10 86.20
6 285.00 570.00
• 5.70 11.40
B 5.70 11.40
® 5.7o 11.40
® 1.00 2.00
• .70 140.00
® 25.00 50.00
68.00
• 155.0o 4,185.00
M 6.90 186.30
• 185.00 4,995.00
• 6.90 186.30
• 168.50 1,853.50
• 6.90 75.90
@ 198.50 2,183.50
• 6.90 75.90
• 3.36 131.04
64.75
@ 1.20 9.60
• 5.10 20.40
• 1.85 14.80
@ 1.20 '8.40
• 1.00 10.00
• 1.00 3.00
• 0.90 2.70
9.94
4.00
Total Cost $16,700.03
III,
It is reoognised that some of the equipment will be delivered by
LESSOR to CITY upon the effective 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 auoh equipment from the manufacturer and that such will be
sent to LESSOR earmarked for the CITY OF CORPUS iTERTSTI 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 15 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 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 lease.
With reference to the equipment which will be delivered after the
effective date of this agreement; 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 e£ 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 then 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, than 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,
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 amount 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 thin 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 CITY'S
giving notice in writing to LESSOR not less 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 $ 5,566.03 on or before the expiration date of this
lease. 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 $ 17,121.83 and the total consideration of
the rental and subsequent purchase by option of said equipment is the principal
sum of $ 76,700.03 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 prioe
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 maybe
necessary or proper to vent good title thereto in CITY.
V.
Default on the part of CITY in paying said rent or any installment thereof,
as bereinabove provided, or default on CITY'S part in keeping or performing any of
the terms, covenants, agreements or conditions contained in this lease shall authorize
-3-
LESSOR, at its option and at any time after such default, and after thirty (30)
deys' 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 4
percent per annum. In case CITY makes default in the performance of any of the
texas, covenants, agreements or conditions contained in this lease, and LESSOR
places the enforcement of this lease, or any part thereof, or the oollection 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 ettorney'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
Bank, 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
same shall not be waived or defaulted except by written waiver of LESSOR, and 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 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 peaoeable 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.
- 4 -
The apparatus delivered to the CITY by LESSOR is warranted and guaranteed
and represented to be in fit, sound and workmanlike condition and to conform in all
respects to the manufacturer'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.
IE.
In this agreement where "it" is used, "he" shall apply in the proper
instance.
IN TESTIMONY AHEREOF, the CITY OF CORPUS CHRISTI has caused this lease
agreement to be signed by its City Manager, countersigned by ite 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.
Attest:
City Secretary
Approved:
Assistant City Attorney
CITY OF CARPUS CHRISTI, TEXAS
By
City Manager
Countersignees:
City Controller
LESSOR
SECTION 2. The necessity for providing equipment for the use
of the said City Departments as soon as possible, being of public importance,
creates a public emergency and a public imperative necessity requiring the
suspension of the Charter rule that no ordinance or resolution shall be passed
finally on the date it is introduced and that such ordinance or reeolt:hi=
shall be read at three several meetings of the City Council, and the Mayer
having declared that such public emergency and imperative necessity exist,
and having requested that auoh Charter rule be suspended and this ordinance
be passed finally on the date of its introduction and take effect and be in
full feroe and effeot from and after its passage, IT IS ACCORDINGLY SO 0RDL12-
ED.
PASSED AND APPROVED, This the X day of December, A.D. 1949.
STe
1 fL,
City -e cretary
APPROVED AS TO LEGAL F0R]dt
City of Corpus Christi, Texas
Corpus Christi, Texas
zo , 1949
TO THE IORbBERS OF THE CITY COIRICIL
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 suspension of the Charter rule or requirement that no ordinance or
resolution shall be passed finally on the date it is introduced, and
that ouch 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 pans 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;
Leslie Wasserman
Jack De Forrest
Barney Cott
Sydney E. Herndon
George L. Lowman
The above ordinance was passed by the following vote:
Leslie Wasserman
Jack DeForrest
Barney Cott
Sydney E. Herndon
George L. Lowman
.2 , 191+9
1 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
of Corpus Christi to the credit of Fund No. /Og (9M/ P par T /
from which it is proposed to be drawn,
and such money is not appropriated for any other purpose.
Di -o or of Finance