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Home My WebLink About03160 ORD - 11/20/1951AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EPCUTEJF94 AND Q1.BEH4LF OF THE, CITY OF CORPUS TEYM, 4 LEASE QONTRACT WITH WTION..TO ?U4044E Tlt EE (3).AtTOMOBILES,FOR.T�IE-U$-.OF... THE POLICE.DEPARTVENT.AND- QNE l)AuToffV 6kf,E,FOR THE YSB.OF THE PARK DEPARTMENT, FORA TOTAL CONSIDERATION OF SEVEN THOUSAND TWO Bf9N_ Ppp AND EIGHTUN DOLLARS AND SEVENTY CENTS 07;218.N),'_SAID'MWOUNT BEING.PAYABLE. CUT OF CURRENT FUND NO, -102, AND A. COPY Or, �NICH CON- TRACT IS,A PART OF THIS ORDINANCE;,A1jD.?EGL&RING AN EME$GDNCY. BE IT ORDAINED BY TIM 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 option to purchase three (3) automobiles for a total consideration of Five Thousand Four Hundred and Eighty Two Dollars and Sixty Two Cents (05,L 2.62), of which One Hundred and Sixty Nine Dollars and Eighty Cents ($169.60) is interest on deferred payments, one Thousand and Sixty Seven Dollars and Eighty Two Cents (01,067.82) is trade -in Equipment No. 46, 19146 Ford Sedan, Idlotor and Serial No. 99A-1109039, No- 53, 1948 Ford Sedan, Motor and Serial No. 899A-2i53409, No- 72, 1950 Ford Sedan, Motor and -Serial No. BODL-168885, One Thousand Four Hundred and Fifteen Dollars ($1,415-00) is initial cash payment, and Two Thousand Eight Hundred and Thirty Dollars ($2,830-00) is payable out of Current Fund No. 102; One (1) Automobile for a total con- sideration of One Thousand Seven Hundred Thirty Six Dollars and Sixteen- Cents 01,736.16, of which Fifty Seven Dollars and Sixteen Cents (557.16), is interest on deferred payments, Two Hundred and Fifty Dollars (0250-00) is trade-in equipment No. 802, 1942 Pord Sedan, Motor and Serial No. 18-9913646, Nine Hundred Fifty Two Dollars and Sixty Seven Cents ($952.67) is deferred payment, for the use of the Park Department, said amounts being payable out of the Current Fund No. 102, a copy of which contract is a part of this ordinance and reads as follows, to-wit: k U STATE OF TEXAS COUNTY OF NUECES This LEASE AGREEMENT made and entered into between the CITY OF CORPUS CHRISTI, a municipal corporation of Nusces County, Texas, hereinafter called the CITY and Gulf Chevrolet Company Corpus Christi, Texas , hereinafter called LESSOR, WITNESSETHs LESSOR has leased, demised and rented, and by these presents does lease, demise and rent to CITY for the period from the 5th day of November , A.D. 1951, to the 5th day of November A.D. 19,3 both date inclusive, the following equipments For description of equipment covered by this agreement see attached sheet which is made a part hereof. 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. 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- y fore the dates specified belows Date Amount Initial payment,$1,891.33,Plus interest (f$226.96) on deferred balance from November 5 a 191► 0 2,118.29 OR when of above equipment 15 delivered to CITY November 5 , 19 52 $ 1.891.34 November 5 , 193 $ 1891.33 It is agreed by LESSOR and CITY that such rentals shall be paid from the current revenues of CITY for the years in which such payments fall due. - ATTACHMENT SHEET Description of Equipment Referred to in Section I One - 1951 Chevrolet 4 -door Sedan, Model 1503. Wheelbase 1150; 92 H.P. ® 3400 RPM; displacement 216.5 cu.in.; 3 speed forward transmission; tires - 670x15 4 ply; wheels 15 "; oil bath air cleaner; 1 gt.H.D. oil filter; standard 35 amp. D.C._ generator; hydraulic brakes; double acting shock absorbers; dual vacuum windshield wipers; R & L sun visors; rear view mirror; undercoated. Motor No. JAM - 435818; Serial No. 3JJI -26910 List Price, complete $1,679.00 Less trade -in Equipment No. 802 1942 Ford Sedan 250.00 Motor & Serial No. 18- 69].3646 Net s $1,429.00 Three -1951 Chevrolet 4 -door Sedans, Model 1503. Wheelbase 115'!; Wt 3185 #; 6 cyl. 92 H.P.® 3400 RPM; displacement 216.5 cu.in.; 3speed air forward transmission; tires - 670x15 4 ply; wheels 15"; oil cleaner; 1 gt.Fram oil filter; H.D. Leese - Neville A.C. generator; hydraulic brakes; shock absorbers; dual vacuum windshield wipers; sun visor; rear view mirror; undercoated. Motor Nos. JAA- 1102369; Serial Nos. 5 JAM - 466884; 3JJJ -28053 JJJ- 7.5542 JAA- 1094415; List Price, complete $1,770.94 each $5,312.82 Less trade -ins Equipment No. 46 1946rFord Sed N 270.94 No. 99A- 1109039 No. 53 7948 Ford Sedan 470.94 Motor & Serial No.899A- 2153409 No. 72 1950 Ford Sedan 325.94 Mntnr 1& Serial Nn_BODL- 168885 Net TOTAL 1,067.82 4,245.00 $ , 7 .00 2 010 Y R` 4 S� It is recognized 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 such equipment from the manufacturer and that such will be °sent;.to- LFB50R earmarked for the CITY OF CORPUS CARISTI and delivery will be ;.3made immediately to CITY upon receipt thereof; is this connection, it is esti- mated that total delivery hereunder can be effected within ] 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 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 Gad, 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, then 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, - 2 - 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 preltdice 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. r 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- 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 IESSOR is warranted and guaranteed and represented to be in fit, sound and workmanli ke 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-.tin 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, ii. In this agreement Where nit" is used, "hen 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.ContEoLler 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. 19__* Attests CITY OF CORPUS CHRISTI, TEXAS By My— Manager City Secretary Countersigneess Approveds Assistant City ttorney City Controller LESSOR SECTION 2. That the necessity for providing the above pieces of equipment for use of the Police and Park Departments creates a public emergency and imperative public necessity requiring the suspension of the a ° City 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 several meetings of the City Council, and the Mayor having declared that such public emergency and'imperative public necessity exist, and having requested that said 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 AVID APPROVED THIS tho� /O day of November, A. D. 1951- Mqy r ...,..... City of Corpus Christi, Texas EST; C T Y,.. APPROVED AS TO LEGAL FORM: CITY ETTOM]EY ....~ 31W $7,218.78 November 20, 1951 I 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 No. 102 Current blind Fund from which it is proposed to be drawn, and such money is not appropriated for any other purpose. Director of Finance �J Corpus Christi, Texas ( 1951 TO THE MBERS 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, 2/4", 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