HomeMy WebLinkAbout02930 ORD - 11/14/1950(3
rn
A-751 -
T(s
T(s
77i
X
corpus
1123 Agnes 78401
361.884.5541 Faij6l._883.6767
Houston
16350
Park Ten Place, # 100-20 77084
281.398.6800 o Fax 281.398.6860
simple.competitive*done right
�.aa6ca : vy
li /S %5o (5)
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER FOR
AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO
EXECUTE WITH HI WAY MACHINERY COMPANY, SAN
ANTONIO, TEXAS, LESSOR, A LEASE CONTRACT WITH
OPTION TO PURCHASE TWO (2) MODEL 040" AUSTIN -
WESTERN SWEEPERS AS DESCRIBED IN SAID LEASE
CONTRACT FO A TOTAL CONSIDERATION CF X14,734.00
PLUS INTER T FOR THE USE OF THE DEPARTMENT OF
PUBLIC WO (STREET CLEANING DIVISION) OF THE
CITY OF CO S CHRISTI, TEXAS; THE CONSIDERATION
ABOVE SET 0 BEING PAYABLE FROM CURRENT FUND
NO. 102, R THE TERMS AND CONDITIONS SET
FORTH IPI S LEASE CONTRACT, A COPY 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 be, and he is hereby, authorized and directed to execute a
lease contract with Hi -Way Machinery Company, San Antonio, Texas,
with option to purchase two (2) Model 040" Austin Western Sweepers
as described in said lease contract for a total consideration of
Fourteen Thousand Seven Hundred and Thirty -four Dollars ($14,734.00)
plus interest for the use of the Department of Public Works (Street
Cleaning Division) of the City of Corpus Christi; the consideration
above set out being payable from Current Fund No. 102, under the
terms and conditions of the said lease contract, a copy of which is
attached hereto and made a part hereof, reading as follows, to -wit:
*C 0 P Y'1
STATE OF TEXAS ¢
COUNTY OF NUECES
This IEASE AaMMWNP made and entered into between the CITY OF CORPUS
CHRISTI, a municipal corporation of Nueces County, Texas, hereinafter called the
CITY and Hi 'Nay Machinery Company, San Antonio, Texas ,
hereinafter called IMOR,
NITNESSETR:
I.
LESSOR has leased, demised and rented, and by these presents does lease,
demise and rent to CITY for the period from the let day of October , A.D.
1950, to the 1st day of October , A.D. 19L2, both dates inclusive, the following
equipment:
Two (2) Model 1140" Austin - Western Sweepers
60 -inch pickup broom; 36 -inch gutter brush;
190 gallon water tank; weight (empty) 8750#
Serial No. S -1004, Engine No. 259436 ) Each - $7,367.00; Total - $14,734.00
Serial No. S -1006, Engine No. 259429 )
It is distinctly and specifically understood that the equipment herein
leased and rented by CITY from IRSSCH shall be used exclusively in the service of
CITY.
II.
In consideration for the lease and rental of said equipment, CITY promises
to pay LESSCR and LB&SM agrees to accept from CITY the following rentals on or be-
fore the dates specified below:
Date Amount
Initial payment, $,4,912.00, and _interest
19�, $ 5,501-32
OR en of above equipment s
delivered to CITY
October 1 , 19 4,911.00
October 1 , 1952 6 4,911.00
It is agreed by IESSCR 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 recognized that some of the equipment will be delivered by
I'M OR 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 Poithw3ty order such equipment from the manufacturer.and that such will be
sent to LESSOR earmarked for the CITY OF CORPUS MUSTF 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 10 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 ecadi-
tion in which it is new 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.
111th 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 -
meat to determine mhother 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 then the
CIT't 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 IMSOR
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 90
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 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
4
in any,of its obligations under this lease. This option may be exercised by CITY'S
giving notice in writing to LESSOR not lava 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 $ 4,911.00 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 $ 15,323.32 and the total consideration of
the rental and subsequent purchase by option of said equipment is the principal
sum of $_14,734.00 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 evidences of title to said equipment as may 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 hereinabove 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)
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 4
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.
VI.
It is understood and agreed by and between the parties hereto as follower
I. 411 payments of rentals, or any other payments hereunder shall be
made by CITY to the account of LESSOR, or its order, in
Corpus Christi NationalHank, 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 ease 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-
tanoe 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 agreed (1) that CITY, on paying the said rent and
performing the maid covenants contained herein in the matner and within the times
herein provided, shall and may peaceable and quietly have, hold and enjoy possession
Md 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 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,
IX.
In this agreement where "it" is used, "he" shall apply in the proper
instance
IN TESTIMONY WHEREOF, 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. 19a
Attests
CITY OF CORPUS CHRISTI, TEXAS
By
City Manager
City Secretary Countersigneest
City Controller
LESSOR
Approved:
Assistant City Attorney
SECTION 2. The necessity for providing equipment for the
use of the said City Department as soon as possible being of great
public importance creates a public emergency and a public imperative
necessity requiring the suspension of the Charter rule that no ordin-
ance 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 Mayor, having declared such emer-
gency and necessity to exist, having requested that such Charter rule
be suspended, and that this ordinance be passed finally on the date
it is introduced and take effect and be in full force and effect from
and after its passage, IT IS ACCORDINGLY SO ORDAINED.
PASSED AND APPROVED, This the ,/d4day of November, A. D.
195o.
MAXW ity of Corpus Christi, Texas
ATTEST%
ZTTy7ecretary
APPROVED AS TO LEGAL FORM:
- Z
City Attodney
I. -u.- - '.,'
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 4MIX91 Current Fund No. 102 Q
from which it is proposed to be drawn,
"9
and such money is not appropriated for any other purpose.
<� 1
Corpus Christi, Texas
November 14 , 1950
TO THE LE1IBERS OF THE 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 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,
�ity of Corpus Christi; Texas
The Charter rule was suspended by the following vote:
Leslie Wasserman
Jack DeForrest
Barney Cott
Sydney E. Iierndon
George L. Lowman
The above ordinance was
passed by the following vote:
Leslie liasserraan
Jack lleForrest
Barney Cott / /day
Sydney E. Herndon
George L. Lowmanr{