HomeMy WebLinkAbout03134 ORD - 09/11/1951AN ORDINAN CE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
FOR AND ON BEHALF OF THE CITY A IEASE CONTRACT WITH
THE OPTION TO PURCHASE ONE (1) 1951 CHEVROLET 3/4 TON
PICKUP TRUCK COMPLETE AT LIST PRICE OF 01,,644,80 LESS
TRADE IN EQUIPMENT NO. 952, 1941 FORD EXPRESS TRUCK,
PLUS INTEREST, FOR THE USE OF THE MOSQUITO CONTROL
DIVISION, HEALTH DEPARTMENT OF THE CITY OF CORPUS CHRISTI,
TEXAS, FROM AND WITH GULF CHEVROLET COMPANY, A COPY OF
WHICH LEASE PURCHASE CONTRACT IS ATTACHED HERETO AND MADE
A PART HEREOF, SAID PURCHASE BEING PAYABLE OUT OF CURRENT
FUND NO. 102, AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager be, and he is hereby,
authorized and directed for and on behalf of the City of Corpus
Christi, Texas, to execute a lease contract with option to pur-
chase one (1) 1951 Chevrolet 3/4 ton Pickup Truck complete at list
price of $1,644.80,less trade in on equipment No. 9520 1941 Ford
Express truck of $125.80, a net of $1,519.00, plus interest, for
the use of the Mosquito Control Division, Health Department of the
City of Corpus Christi, from and with Gulf Chevrolet Company, ac-
cording to the terms and conditions of said contract, a copy of
which is attached hereto andmade a part hereof, the cost of such
purchase being payable out of Current Fund No. 102.
SECTION 2. That the necessity for providing equipment for
the use of City Departments immediately creates a public emergency
and an imperative public necessity requiring the suspension of the
Charter rule that no ordinance or resolution shall be passed final-
ly on the date of its introduction and that such ordinance or reso-
lution shall be read at three several meetings of the City Council
andthe Mayor, declaring such emergency and necessity to exist, hav-
ing requesthd the suspension of said Charter rule and that this ordi-
nance take effect and be passed finally on the date of its intro_'
duction and take effect and be in full force and effect from and
after its passage, IT IS ACCORDINGLY PASSED AND APPROVED This the
�dny of September, A.-D. 1951.
ST: A41") '. _'. - .
CITY OR
Ci y� Secre ary OF CORPUS CHRISTI, TEXAS
APPROVED AS TO LEGAL FORM:
City -- 15 t,3+
STATE OF TEXAS
,.re :.CQMY OF NUECES
F This -IME Ar,RreF;rtF:rm made and entered into between the CITY OF CORPUS
CHRISTI, a municipal corporation of Nueces County, Texas, hereinafter called the
CITY and Gulf Chevrolet Company Corpus Christi, Texas ,
hereinafter called IESSOR,
W I T N E S S E T H:
:» I,
IESSOR has leased, demised and rented, and by these presents does lease,
demise and rent to CITY for the period from the 25th day of August , A.D.
1951, to the 25th day�of August , A.D. 1953, both dates inclusive, the following
equipment:
One - 3951 Chevrolet Truck - 3/4 Ton Pickup e�uipped with heavy duty
(55 AMP DC) Generator, Model 3604 - 1254 inch wheelbase,
3 speed transmission, 750 x 17 front and rear tires, spare wheel,
air cleaner, oil filter, overload springs, dual wipers,
front and rear shocks, sun visor, rear view mirror; undercoated.
Motor No. AJOA- 909315 Serial No. 5 JRH -8511
List Price, complete X61,644,80
Less trade -in Equipment No. 952
t
19413/4 ton Ford Express Truck
Motor No. 6368369 - 125.80
Net X61,519,00
It is distinctly and specifically, understood that the equipment herein
leased and rented by CITY from IESSOR shall be used exclusively in the service of
CITY.
II.
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, 00, plus interest
on deferred balance from August 25 , 1951, 579.00
OR when 0 of above equipment is
delivered to CITY
August 25 , 19-5-2- $ 500.00
` August 25 , 1953 500.00
It is agreed by IESSOR and CITY that such rentals shall be paid from the
current revenues of CITY for the years in which such payments fall due.
IFI.
It io reoogaised that some of•the equipment will be delivered by
rX90R to CITY upon the effective date of this lease, while some of the equip-
Aunt 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 such equipment from the manufacturer and that such will be
sent to LESSOR earmarked for the CITY OF CORPUS CHRISTE and delivery will be
made .i=sdiately to CITY upon receipt _thereof; in this connection, it is esti-
*stud 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
effeotive " °dato of this agreement, the CITY accepts such equipment in thu ccadi-
tion in w}iioh,it is nos 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 referenoe to the equipment which will be delivered after the
effective date of this agreements it in agreed by and between the parties here-
to that the CITY will have a reasonable time after the delivery of such equip -
t,- e, meutAowdetermiue 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.bf 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 shell be no abate -
Mont 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 lioonse' fee is required by the State of Texan then the
CIT7 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; thon the CITY d1ia11 reimburse the LESSOR
for any and all amounts paid as such license or registration fee by the LESSOR, and
(6) !fit the time the CITY exercises its option to purchase, as provided for herein,
r - 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
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
1, date of its intention to exercise said option, and by its payment to LESSOR in cash
of the sum of $ 500.00 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 $ 1579.00 and the total consideration of
the rental and subsequent purchase by option of said equipment is the principal
sum of $ 1519.00 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
rt 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 laeping 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
r' percent per annum. In case CITY makes default in the performance of any of the
VQ
terms, covenants, agreements or conditions contained in this lease, and LESSOR
� .��h4
�" 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 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
Corpus Christi National Bank, Corpus Christi, ,Texas.
2. This lease cannot be changed, varied or extended except by instru-
�, =ate. ,• x. ,....
- '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 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.
-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.
IX.
a
�( In this agreement where "it" is used, rhea' shall apply in the proper
{ instance.
t
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 toe the terms of an ordinance passed by the City Council, and LESSOR has
€ caused this agreement to be executed this day of , A.D. 19_
CITY OF CORPUS CHRISTI %y;rTEXAS
. "Ors,.
` Attest:
By
City Manager
City Secretary Countersignees:
. - APproved:Q o
A4M��city A orney
4
City Controller
LESSOR
Corpus Christi, Texas
,- 9's
�s-f
TO THE PMERS OF THE CITY COUNCIL
Corpus Christi, Texas
Gentlemens
-� For the reasons set forth in the emergency clause of the fore-
EL going ordinance, public emergency and imperative necessity exist for
u ^`> the, suspension of the Charter rule or requirement that no ordinance or
K• + = resolution shall be passed finally on the date it is introduced, and
such ordinanoe 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,
M&YOR
City of Corpus Christi, Texas
The Charter rule was suspended by the following votes
Leslie Wasserman
Jack DeForaest
l /.W.t_o
Barney Cott
'
`.. �'t���; • ` , Sydney E. Herndon
George L. Lowman
The above ordinance was passed
by the following votes .
Leslie 'Piasserman
Jack DeForrest
Barney Cott
Sydney E. Herndon
George L. Lowman
;in�