HomeMy WebLinkAbout02790 ORD - 06/13/1950IMSinger:cb
6/12/50 (6)
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY
MANAGER TO EXECUTE A CONTRACT FOR AND
ON BEHALF OF THE CITY OF CORPUS CHRISTI
WITH INTERNATIONAL METERS, INC., A NEW
YORK CORPORATION, FOR THE PURCHASE OF
ONE HUNDRED (100) OR MORE MODEL G PENNY -
NIC=E NICIML -ALFCO TWIN AUTOMATIC PARK-
ING METERS AT THE UNIT PRICE OF EIGHTY -
THREE DOLLARS AND EIGHTY -FOUR CENTS ($83.84),
AS PER BID PROPOSAL OF MAY 15, 1950, SUB-
MITTED BY SAID CORPORATION, ACTING BY AND
THROUGH TWIN METER SALES COMPANY OF TEXAS
BY SAM NEVELOff, UNDER THE TERMS AND CONDI-
TIONS OF SAID CONTRACT,OOPY OF WHICH IS_
MADE A PART HEREOF AND ATTACHED HERETO;
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Manager of the City of
Corpus Christi, Texas, is hereby authorized and directed, for
and on behalf of the City, to execute a contract wlth Inter-
national Motors, Inc., a corporation organized under and by
virtue of the laws of the State of New York, for the purchase
of One Hunded (100) or more Model G Penny - Nickel- Nickel -Alfco
Twin.Automatio Parking Motors at the unit price of Eighty -Three
Dollars and eighty -four cents (083.84) as per bid proposal of
May 15, 1950, submitted by said Corporation, acting by and through
Twin Motor Sales Company of Texas by Sam Nevelow, under the terms
and conditions of said contract, copy of which is made a part
hereof and attached herstot
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THE STATE OF TEX" �
r
COUNTY OF NUECES �
THE AGJXZZMENT. made and enter" into and oxecutod in trip-
licate this day of 7aas. 1950. by and between the City of Qwpas
Chrrist4 of the Mate of Tema, hereinafter called "Tire City". and later -
National Motors, bee., a corporation organised and existing under and by
virtue of the laws of the State of New York. Laving its principal place of
business at 100 E. 1,aFraace Street, Elmira, Now York. hereinafter
called"Meter Corlpaw
W I T N E S S E T 11
For and in consideration of the dal promises and agreements
herein contained. the parties agree as follows:
I. The Mates C uW4WW hereby Belts. transfers, assigns and
sets aver unto This City One Hundred (100) or more Model G Penny -
Nickel.Nicke1 -Alfco Twin Automatic Parking Meters at the unit price
of Eighty -Three Dollars and eighty four cents ($ 83.84) as per bid
proposal of May 13. 1930, submitted by The der Company, acting
by and through Twin Meter Sales. Company of Tema by Sam Nevelow►,
and said Twin Motor Sales Company of Texas and said Ram Novelow
are hereby designated as agent for The Meter Company as to all
matters arising under this contract. Each unit is equipped with one
coin boom. oars blank number ph" and a coiasplate act of instruction
plates.
d. The Meter Company agrees to deliver at the City Parking
Motor Service Shop at Corpus Christi, Texas. the meters and other eQuip-
maNd specified within thirty (30) calendar days from the date bore".
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3. The City agrees to pay for said meter&, from the receipts
obtained from the operation of said rasters, and there shall be no obli-
gation an the pert of The City to pay for same tram any other states,
except that The City shall have the sigh to pay in ate lump own. the
figure as shows is the tow above, is which case it may deduct a sum
ei uivaleat to five percent (S%) within thirty (30) days of delivery of
said trusters. Should lump sum pant not be made, the manner of
pay shall be as follows:
Twenty-five cents ($0.23) per meter per month for a period of twelve
(12) numths may be deducted by The City monthly. as accrued cost of
maintenance; dwreafter. the collections from the rasters shall be
divided on the basis of fifty percent (50'x.) to The Meter Company and
fifty percent (50%) to The City, until the rasters are entirely paid for
an a nw thly basis. it is understood that The City shall have the right
at any time to complete the payment of the full purchase price is one
lump surn payment, but if such payment is made after the first thirty
(30) day period, there shall be no cash discount
4. The Meter Company does hereby warrant and guarantee
said meters against defects in workmanship. construction and materials
for a period of one year from date of Installation. The liability here -
under in limited to the obligation of The Meter Company hereby assumed
to replace without cost to The City any meter and /or parts which prove
to have such defects. It is understood and agreed that The Meter
Company shall not be obligated to replace any part or ;parts of said
rasters which may be damaged as a result of tampering. malic %usnmsss,
accident. Acts of God, or any other external force or means. In the
evert of a discovery of such a defect or defects, if the Meter Company
fails to replace same vAlkis tbivty► (38) days from date of sober, the
City is authorized to make such replacement at the expenae of The
- t -
MMer Company and the warranty allU u to each ,meter or maters
extend No year from the data of rte.
S. The Meter Company further csvansats and agree& that It
is the lawful owner of said amours and that the same are free and clear
Of ail livers. COMIAaOS of COMIMOMIRt sales. clmttel and other
encumbrances, sad that The Meter ConVany* has a lawful right to &ell
said a&s*n the sane, and that it will warrant sad defaad its title there-
to against all cleirns whatsoever.
6. It is understood and &greed that in case The M~ Company
to delayed is the dei4rory of said amours an acco urt of my strikes.
iaekoat& or other labour troobte, or any &a. tornado. flood. embsrge.
shortage of transportation, material or labor. war, insurrection, civil
cosnmatio n. or other cause beyond the direct and immoandiate control
of The Meter Company which may interfere with or delay the ac-
tore or delivery of said meters or any parts thereof. The k4oter Cemapanty
shall Sot be liable foe any failure or duel" to fnraish said vveters, and
the time for furnishing some may be postponed accordingly, it being
understood that The Meter CosapiL=y agrees to exercise due diligence
In each regard.
T. U is agreed that The Metar Company may assign this agrae-
UMBO . or the benetiMs thereunder, in whole or in part. PROYME 3
HOWE:VAM. that such assignment shill not release The Meter Company
from its primary obiigatlen to perform and be" all agree=ments and
conditions of The Motor Company hemmer. When so assigned, it
shall inure to the benefit of the ,assignee.
8. The City warrants that all necessary and proper steps have
bees or will be takenaby the duly constituted Governmental and Wm ai-
cipal authorities aaahorlaing the execution of this agreement. and that
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all n6cessary or prayer ordinmices and/or reaohdiane taw been or
will be adopted authorizing and providing for the Justaliation and main.
teniowe of said meters and the operation tbereof, and agrees that it
will police and maintain the said maters after installation. and shall
properly enforce all ordinances and resolutions pertaining thereto.
9. The City agrees to keep accurate retards and accts art tar
all receipts from ail meters furnished herder, and The City agrees
that The Meter Company shun have the right to examine the books and
records of The City in regard thereto at any and all reasonable times.
10. The Meter Company agrees to protect The City and save it
harmless from all liability unposed upan it by law for the infringe-
moat of patents in that purchase. installation and use by said City of
parking meters from The Meter Company under ibis Contract. and to
defend said City in any suit against it asserting such patent infringe-
ment; PROVIDED. HOW that said City %ball notify The Wtmter
C*mpassy immediately of the assertion of any claim of alleged patent
infringement. or the institution of any suit asserting the same against
It. *hail forward to This deter Compony every such demand. notice,
summons as other process and shall cause its officers and employees
to aid in securing sand giving evideace, obtaining the attendance of
witnesses. and generally give all reasonable assistance to The Meter
Company ny and its attorneys in the defense of sash snits.
I 1. Installation of the meters to be made by The City at cost
not to exceed One Dollar ($1.00) per mater. any cost of installation
exce:diag One Dollar (S 1.00) per twin meter to be borne by Twin
Meter gales Company of Texas. Twin Meter Sales Company of Texas
agrees to provide. without cost to The City, a compete* and experienced
man to supervise said installation. In the event of failure to provide
such supervision, The City shall be wised to obtain a coanpetwd
supervisor at the expenoo of Twin Mates Sales ConVany of Tutee.
r 4 w
I L Based an a purchase contract d Omm, bemired (100) Auko,
Twin A ntic P"ktug Meters. The Meter Company agrees to f
at no h rdmw took or at no Kraft e:sepease to The C."r. as fau"tag
entree, accessories and apace peril:
(1) Twin mater Heads (cases and
M SOhM Pmfftt T breme (3) Up cover � Ire".
e { .� Cmin box uors. aroo (3) wtndleg .
three (3) pair special sb:gle meter essergsucy
flags. three (3) psis standard flags, fifteen (IS)
beveled window Mess and frames. three (3) cobs
window glasses. ace doom each spring washers
for each 4VO of spring used in mmchmdau,4 two
(x) Imi:tmmprbrgs, three (3) instm-4ciln plates.
fire (3) number plates in blank.
13. Prict Guarantee for additional :esters: The Motor CouVatmy+
will, for a period of twelve (1 R) umutba deliver such admUenei Aifco
Twin Meters as called for by The City up" the Sam* semis and condi-
tiom:s as provided for in ibis **attack end The Mater Co*gmny farther
agrees to protect The City against any advance in price on such additional
meters called for during sesch twelve nu ma psriod3 and is addition such
Price "Rramrtee shall also Include any reduction in price that may be
ma+ie during such twelve mum& period mad such reduction shall !mare
to the beasfit of The Ctty.
This Contract shall be deemed pa4armnabie at Corpus Christi.
Muscat County, TOM".
IN W"MM WH7i ZOr the parties beret* bays caused this agree -
mamma to be signed by their afficsrs thor+ unto duly authorized and their
corporate seals to be hereto attached the day end year first above writteam.
Approved as to i.agal Form: CM 01' CO "U5 CI TI, TZXM
city MORW ffiX
ii"
ATTEST: INTZRNATMAL M--T=S, INC.
BY
r rl► ecr y. reasurer
ATTZSTt T'WlN UZTBk SAL:CS compA.I+IY
r TXXAS
SY
m aw «
SECTION 2. The necessity for acquiring adequate
parking meters in order to properly control traffic within
the City creates a public emergency and 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 resolution
shall be read at three several meetings of the City Council,
and the Yhyor having declared that such public emergency
and imperative necessity exist, and having requested that
such Charter rule be suspended, and that this ordinance be
passed finally on the date of its introduction and take effect
and be in full force and effect from and after its passage, IT
IS ACCORDINGLY SO ORDAINED.
PASSED AND APPROVED this 13 day of June, A. D.
1950-
City of Corpus Christi, Texas
APPROVED AS TO LEGAL FORM:
Civ At or
Corpus Christi, Texas
190
TO THE NQ HERS OF THE CITY COIMCIL
Corpus Christi, Texas
Gentlemenj
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 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,
MAXOR
City of Corpus Christi, Texas
The Charter rule was suspended by the following vote=
Leslie Wasserman
Jack DeForrest
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
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