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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 ($83.84), AS PER BID PROPOSAL OF MAY 15, 1950, SUB- MITTED BY SAID CORPORATION, ACTING BY AND THROUGH TWIN METER SALES COMPANY OF TEXAS BY SAM NEVELOff, UNDER THE TERMS AND CONDI- TIONS OF SAID CONTRACT,OOPY OF WHICH IS_ MADE A PART HEREOF AND ATTACHED HERETO; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager of the City of Corpus Christi, Texas, is hereby authorized and directed, for and on behalf of the City, to execute a contract wlth Inter- national Motors, Inc., a corporation organized under and by virtue of the laws of the State of New York, for the purchase of One Hunded (100) or more Model G Penny - Nickel- Nickel -Alfco Twin.Automatio Parking Motors at the unit price of Eighty -Three Dollars and eighty -four cents (083.84) as per bid proposal of May 15, 1950, submitted by said Corporation, acting by and through Twin Motor Sales Company of Texas by Sam Nevelow, under the terms and conditions of said contract, copy of which is made a part hereof and attached herstot q C) THE STATE OF TEX" � r COUNTY OF NUECES � THE AGJXZZMENT. made and enter" into and oxecutod in trip- licate this day of 7aas. 1950. by and between the City of Qwpas Chrrist4 of the Mate of Tema, hereinafter called "Tire City". and later - National Motors, bee., a corporation organised and existing under and by virtue of the laws of the State of New York. Laving its principal place of business at 100 E. 1,aFraace Street, Elmira, Now York. hereinafter called"Meter Corlpaw W I T N E S S E T 11 For and in consideration of the dal promises and agreements herein contained. the parties agree as follows: I. The Mates C uW4WW hereby Belts. transfers, assigns and sets aver unto This City One Hundred (100) or more Model G Penny - Nickel.Nicke1 -Alfco Twin Automatic Parking Meters at the unit price of Eighty -Three Dollars and eighty four cents ($ 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". - I 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 - 3 - 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 i- a� q D