HomeMy WebLinkAbout03163 ORD - 11/20/1951AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO
=CUTF,_FOR AND ON BEHALF OF THN,CITY OF Cg1PUS
CHRISTI,_TEX6S, A LEASE, CONTRACT WITH OPTION TO
pD ,Ga$E tHREE (5).1". 1/2 _TON bLW TRUCKS.FOAt USE
OF THE STREET CLEANING DIVISIQN OF PUBLIC WORKS;
ONE ..(1)_AUTOMOBIL•E FOR USE .OF THE. RECREATION -
DEPARTMENT, ONE '(l)•AUTOMOBILE FOR THE USE OF THE
GAIiBAGE_DISPOSAL DIVISION OF -THE DEPARTLEiT OF .
PUBLIC WORKS; ONE Al) 3/4 TON PICKUP TRUCK FOR USE
OF. THE GARBAGE COLLECTION DIVISION OF THE .D$PART-
biENT OF PUBLIC WOaS; .ONE (1).3/4 TON PICK -UP TRUCK
FOR. THE USE, OF THE - RECREATION DEPARTMENT;- ONE (I)_.
1/2 TON PICK- UP.TRUCK_FOR- ME USE OF THE, HUMANE -
DIVISION OF. THE POLI¢E_DEPARTMENT, ONE 1�2 TON
PICK -UP TRUCK-FOR'THE WE OF THE•WHARVES AND PIERS
DIVI§ION.OF THE DEPARTMENT OF PUBLIC WORKS, ALL
]'OIt.A,TOTAL CONSIDERATI6N•,OF_SEVLT3TEEN TJiOUSAj3D
SEVEN HUNDRED ANp.FIFTY_F� DOLLARS I&. 4XTY,
T4'f6 CENTS,(SiM55.62), $AID AMQM_BEING PAYABLE
OUT OF CURRENT FUND NO. 102, AND A.COPY OF VNdION
CONTRACT IS k.PART.OF -THIS ORDINANCE; 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 option
to purchase three (3) 1 1/2 Ton Pick -Up Trucks for a total consideration of
(
Seven Thousand Four Hundred Thirty Three Dollars and 7433.15)
, Fifteen Cents ,
o£ -which Two Hundred Eighty Five Dollars and Eighty Nine Cents ($285.89) is
interest on deferred payments, Two Thousand Three Hundred and Eighty Two Dollars
and Forty Two Cents ($2,382.1x2) is initial cash payment, and Four Thousand
(
Seven Hundred Sixty Four Dollars and Eighty Four Cants $4a 761}.84) is deferred
payment, for the use of the Street Cleaning Division of the Department of
Public Works, said amount being payable out of Current Fund No. 102; One (1)
Automobile for a total consideration of One Thousand Six Hundred and Forty Two
Dollars and Fifty Nine Cents, of which Sixty Three Dollars and Eighteen Cents
($63,18) is interest on deferred payments, Five Hundred Twenty Six Dollars and
Forty Seven Cents 0526.47) is initial cash payment, and One Thousand and Fifty
Two Dollars and Ninety Four Cents ($1,052.94) is deferred payment, for the use
of the Recreation Department, said amount being payable out of Current Fund
No. 102; One (1) Automobile for a total consideration of One Thousand Seven
Hundred and Sixty Seven Dollars and Two Cents ($1,767.02), of which Sixty One
Dollars and Twelve Cents ($61.12) is interest on deferred payments, One Hundred
-- - - -- ---- --
Seventy Eight Dollars 0178.00) is trade -in Equipment No. 580, 1912 Ford
4-Door Sedan, Motor & Serial No. 18- 6655226, Five Hundred and Nine Dollars
and Thirty Cents (0509.30) is initial cash payment, and One Thousand and
Eighteen Dollars and sixty Cents (1,018.60) is deferred payment, for the use
of the Garbage Disposal Division of the Department of Public Works, said
amount being payable out of Current Fund No. 102; One (1) 3/4 Ton Pick -Up
Truck for the total consideration of One Thousand Seven Hundred and Ninety
Eight Dollars and Sixty Cents (j ,798.60), of which Fifty Eight Dollars and
Eighty Two Cents (658.82) is interest on deferred payments; Two Hundred and
Sixty Nine Dollars ($269.00) is trade -in Equipment No. 513, 1911 Dodge 1/2
Ton Pick -up Truck, Motor No. T207- 32211, Serial No. 8670497, Four Hundred and
Ninety Dollars and Twenty Six Cents ($490.-26) is initial cash payment, and
Nine Hundred Eighty Dollars and Fifty Two Cents ($980.52) is deferred payment,
for the use of the Garbage Collection Division of the Department of Public
Works, said amount being payable out of Current Fund No. 102; One (1) 3/4 Ton
Pick -Up Truck for a total consideration of One Thousand Seven Hundred Ninety
Eight Dollars and Twenty Six Cents 01,798.26),"of which"Fifty Eight Dollars
and Forty Eight Cents ($58.18) is interest on deferred payments, Two Hundred
and Seventy Eight Dollars ($278.00) is trade -in Equipment No. 804,' 19112 Dodge
1 1/2 Ton Pick -Up Truck, Motor No. I T118-75990, Serial No. 81332369, Four Hundred
and Eighty Seven Dollars and Twenty Five Cents M87.25) is initial cash payment,
Nina Hundred and Seventy Four Dollars and Fifty Three Cents (0974.53) is deferred
payment, for the use of the Recreation Department, said amount being payable out
of Current Fund No. 102; One (1) 1/2 Ton Pick -up Truck for a total consideration
of One Thousand Six Hundred and Fifty Four Dollars and Forty Cents ($1,654.40),
Four Hundred and Forty One Dollars ($441.00) is trade -in Equipment No. 901,
19111 Dodge 1/2 Ton Truck, Motor No. T125-23L 45, Serial No. 8576101, Three Hundred
and Eighty Eight Dollars and Ninety One Cents ($388.91) is initial cash payment,
and Seven Hundred Seventy Seven Dollars and Eighty Two Cents ($777.82) is
deferred payment, for the use of the Humane Division of the Police Department,
said amount being payable out of Current Fund No. 102; One (1) 1/2 Ton Pick -Up
Truck for a total consideration of One Thousand Six Hundred and Sixty One Dollars
and Sixty Cents ($1,661.60), Two Hundred Sixty Dollars and Ninety Nine Cents
($266.99) is trade -in Equipment No. 1600, -1910 Ford 1/2 Ton Pick -Up Truck, Motor
and Serial No. 8- 5879465, Four Hundred and Forty Eight Dollars and Ninety Two
Cents (U48.92) is initial cash payment, and Eight Hundred and Ninety Seven
Dollars and Ninety Two Cents (0897.92) is deferred payment, for the use of the
Wharves and Piers Division of the Department of Public Works, said amount i
being payable out of Current Fund No. 1026 and, a copy of which contract is a
part of this ordinance and reads as follows, to -wit:
STATE OF TEXAS
COUNTY OF NUECES 9
This LEASE AGRFFdENT made and entered into between the CITY OF CORPUS
CHRISTI, a municipal corporation of Nueces County, Texas, hereinafter called the
CITY and Frank Hayden Motors Corpus Christi, Texas
hereinafter called LESSOR,
WITNESSETHs
p', s
LESSOR has leased, demised and rented, and by these presents does lease,,
demise and rent to CITY for the period from the 16th day of November , A.D.
19 51, to the 16tbday of November , A.D. 1953, 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 4nd 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-
fore the dates specified belows
Date Amount
Initial payment, ,233.53,plus interest ($628.03) —�
on deferred balance from November 16 , 195,]. 5.861.6
OR when 0 of above s
delivered to CITY
November 16 , 1952 5,233.53
November 16 , 1953 5,233.54
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
THREE - 1951 Dodge 11 Ton Dump Trucks, Model B3F F152. GVW 13,500#;
WB 1520• 109 H.P.; 4 speed forward transmission; tires -
75Ox20 6 ply (front), 750x20 10 ply (rear & spare); air
cleaner, oil filter, standard generator; hydraulic brakes;
overload springs; dual vacuum windshield wipers; L.A. sun
visor; exterior rear view mirror; undercoated. Chassis &
cab with 3 cu.yd. 81x616" Marion dump body, steel cab
protector.
Motor Nos. T314- 14781; Serial Nos. 80397355• Dump body Serial No. B34398
T314 -4542 80393334
B34378
T314 -15925 80398062
B34382
List Price, complete $2,382.42 each
$ 7,147.26
ONE - 1951 Plymouth Cambridge 4 -door sedan: WB 118 "; 97 H.P.;
3 speed forward transmission; tires - 670x15 4 ply; air
cleaner; oil filter; standard generator; hydraulic brakes;
shock absorbers; dual electric windshield wipers; R&L
sun visors; interior rear view mirror; undercoated.
Motor No. P23- 554604; Serial No. 22157300
List Price, complete
1,579.41
ONE - 1951 Plymouth Cambridge 4 -door sedan. Description same
as above.
Motor No. P23 - 551624; Serial No. 22157049
List Price, complete
$ 1,705.90
Less trade -in Equipment No. 580 1942 Ford 4 -door sedan
Motor & Serial No. 18- 6855226 178.00
Net 1,527.90
TWO - 7951 Dodge 3/4 Ton Express Trucks, Model B3C C116.
GVW 5800#; WB 116 "; 97 H.P.; 3 speed forward trans-
mission; tires - 700x15 6 ply; air cleaner; oil filter;
standard generator; hydraulic brakes; shock absorbers;
overload springs; dual vacuum windshield wipers; L.H.
sun visor; exterior rear view mirror; undercoated.
Motor Nos. T306- 58818; Serial Nos. 83372203
T306 -55967 833711133
List Price, complete $1,739.78 each • 3,479.56
Less trade -ins
Equipment No. 573 1941 Dodge I ton pickup $269.00
Motor No. T207- 32211; Serial No. 8670497
No. 804 1942 Dodge 121 Ton Truck 278.00
Motor No. T118- 75990; Serial No. 81332369
547.00
Net 2,932.56
TWO - 1951 Dod a 1/2 Ton Express Trucks, Model B3B B108.
GVW 4850; WB 108 "; 97 H.P.; 3 speed forward trans-
mission; tires - 600x16 6 ply; air cleaner; oil filter;
standard generator; hydraulic brakes; shock absorbers;
dual vacuum windshield wipers; L.H.sun visor; exterior
rear view mirror; undercoated.
Motor Nos. T306-57610; Serial Nos. 82253612
T3o6 -59241 82254595
List Price, complete $1,607.73 each 3,215.46
Less trade -ins
Equipment No. 901, 1941 Dodge j ton truck 441.00
Motor No. T125- 23445; Serial No. 8576101
No-1600 1940 Ford I ton pickup 260.99
Motor & Serial No. 8- 5879465
701.99
Net
2,513.47
TOTAL $15,700.60
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
F -,•� sent -to LESSOR earmarked for the CITY OF CORFTS CHRISTI 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 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-
kent'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,
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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 to 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.
N.
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
r,.'• date of its intention to exercise said option, and by its payment to LESSOR in cash
of the sum of $ 5,233.54 ` 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 $ 16,328.63 and the total consideration of
the rental and subsequent purchase by option of said equipment is the principal
sum of $ 15,700.60 , 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
x1 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 LESSCR'S option, immediately due
and payable and shall bear interest from such date until paid at the rate of 4
percent per,ann.. 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 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
STATE NATIONAL Hank, 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.
h
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 msy peaceable and quietly have, hold and enjoy possession
ck' 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.
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r
r�
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.
r
It is understood and agreed by and between the parties hereto that in
+ ,?- tlid,`eaeht 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.
In this agreement where nit" is used, "hell 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.Contto7,l:er
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 "
e caused this agreement to be executed this day of , A.D. 19
Attests
CITY OF CORPUS CHRISTI, TEXAS
By
City Manager
City Secretary
Countersigneess
City Controller
LESSCR
Approved;
Assistant City Attorney
Corpus Christi, Texas
�• 1
TO THE MEM ERS OF TEE CITY COVNCIL
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,
MAYOR
City of Corpus Christi, Texas
The Charter rule was suspended by the following vote:
Leslie Wasserman �l�p
Jack DeForrest G&Aall�
Barney Cott
Sydney E. Herndon
George L. Lowman
The above ordinance was passed by the following vote:
Leslie Wasserman &I'l-
Barney Jack DeForrest Cott
Sydney E. Herndon / �p
George L. Lowman
$17,755.62 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 Fund
Fund from which it is proposed to be drawn, and such money is not
appropriated for any other purpose.
Di:Fector of Finance