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Home My WebLink About03290 ORD - 07/01/1952J�2 7o AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BE- HALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A LEASE AGREE- MENT WITH MARTIN SMITH COMPANY WITH OPTION TO PURCHASE ONE (1) TIFA FOG APPLICATOR MACHINE FOR THE TOTAL CONSIDERATION OF NINETEEN HUNDRED SIXTY -FIVE DOLLARS AND TWENTY -EIGHT CENTS ($1965.28) PAYABLE UNDER THE TERMS AND CONDITIONS OF SUCH AGREE- MENT AND OUT OF NO. 102 CURRENT FUND FOR USE OF THE HEALTH UNIT; A COPY OF WHICH LEASE - PURCHASE AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND D);CLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION T. THAT THE CITY MANAGER BE, AND HE IS HEREBY AUTHORIZED AND DIRECTED FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A LEASE AGREEMENT WITH MARTIN -SMITH COMPANY WITH OPTION TO PURCHASE ONE (1) TIFA FOG APPLICATOR MACHINE FOR A TOTAL CONSIDERATION OF NINETEEN HUNDRED SIXTY- FIVE DOLLARS AND TWENTY -EIGHT CENTS ($1965.28), TO BE PAID UNDER THE TERMS AND CONDITIONS AND IN ACCORDANCE WITH SUCH AGREEMENT, AND OUT OF NO. 102 CURRENT FUND FOR USE OF THE HEALTH UNIT, A COPY OF WHICH LEASE AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THAT THE NECESSITY OF IMMEDIATELY OBTAINING SUCH FOG AP- PLICATOR FOR USE OF THE HEALTH DEPARTMENT IN THE PROTECTION OF THE HEALTH, SAFETY, AND WELFARE OP THE GENERAL.PUBLIC CREATES AN EMERGENCY AND AN IMPERA- TIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY�ON THE DATE OF ITS INTRODUC- TION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE 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 PASSED AND APPROVED, THIS THE /DAY OF JULY, A.D. 1952• ` 1 IV � MAY R A TEST: THE CITY OF CORPUS CHRISTI, TEXAS CITY SECRETARY , A ft VED AS TO LEGAL FORM: CITY ATTORNEY !f Corpus Christi, Texas 1952— TO ME MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas Gentlemen: For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist fox the suspen- sion 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,Councii; 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 Jack DeForrest Sydney E. Herndon O George L. Lowman Frank E. Williamson The above ordinance was passed by the following vote: Leslie Wasserman atw- Jack DeForrest Sydney E. Herndon George L. Lowman D Frank E. Williamson — �a LCAS6 AORLEIMm THE STAN OF TEXAS COUNTY OF NUCCES THIS LEASE AGREEMENT MADE AMD ENTtneo tutu H ywcEN TmH CITY or CDIIPUS GNRfalt, Twos, A MUNICIPAL CORPORATION Or NURCCS COUNTY, TEXAS, 144aLINAFTE9 CALLRO THE 'CITY", AND WRTIN -VITH COMPANY, 34EWEINAFTER CALLED %caSoR ", W I T N E 5 5 t T H t u Lawn 045 LtASBD, DEIWO AND RENTED/ AND BY INCSE PRESENTS 0018 LCASC, DENISE AND RENY TO CI IV FOR TIit PERIOD FROA T14C 1sT DAY OF JULY, A.D. 1iFj2, To T"E 307fk DAY OF JUNE, A.D, 1953, UOTN DATE. INCLUSIVE, TNT FOLLOWING COUIPMERtt OW (1) TITA FOG APPLICATOR 1*AE4iN£ 41 15 DISTINCTLY ARD SPECIrtCALLY UNDEABTODD THAT THE EquiPwENT tt@REtN LEA*ttk AND Rt,N,TED SY CIT+ rso,4 LCSSS}R SHAD. BE USED EXCLUSIVELY IN TWC SERYTtC OF 744C CITY. It IN 4ONSIDERAT10M FOR THE LEASE AND RENTAL OF SAID COUIPNENT, CITY PROMISES TO PAW LESSOR Ann Lesson Acarts TO ACCCPT f*QN CITY TAE POLLOWiSS RENTALS ON OR SEFORE THE DAYES SPELfilED BELDWi OAT[ AAOUNT JULY 1, 1952 4150.ou THE rimst DAY or CAC" SUCCESSIVe0jITm FOR CLE9CM 410NIPCS TN;REAFTER 463.00 Ii is Aameto BY LEs ®DR AND CITY TNAt SUCH RENTALS S"ALl. eE PAID FRO* THE CUR - RENT REVENUES Or CITY FOR THE YEARS f# WH4CN SUdn PATNENTS FALL DUE. i Ir WITH REFERENCE TO THE ASOIC EQUIPMENT THAT IS DELIVERED UPON TMt MCC- TtVE DATE OF THIS AGRCENENT$ THE CITY ACCEPTS SUCO EQUIPMENT IN THE CONDITION IN WHICH IT 1S Now IN, AND LESSM $HALL NOT Be OBLIGATED OR REQUIRED 10 MAKE ANY IM- PROYEHCNTS$ REPLACEMENTS OR REPAIRS OF ANY XINO OR CHARACTER UPON OR TO SAID EQUIP- WENT OR ANT OF tT DURING Txt TERM OF THIS LEASE. ' 11TH REFERENCE TO THE EQUIPMENT WHICH WILL BE DELIVERED AFTER THE EffEC- TIVE DATE Of live AGREEMENT, it t5 AGREE* BY AND BETWEEN THE PARTIES HERETO THAT THE C-TY WILL HAVE A REASONABLE TIME AFTER THE DELIVERY OF SUC1+ EQUIPMENT TO OE- TERMiNE WHETHER TO ACCEPT OR REJECT siAME. LESSOR SHALL NOT SE OBLIGATED TO MCUR OR PAY ANY EXPENSE Of ANY At" OR CHARACTER DAMSIG THE ENTIRE TERN Of THIS LEASE BY REASON Of OR IN CONNECTION VIVO THE PURPOSE FOR Wu1CM SAID EQUIPMENT WAS DESIGN- ED. CITY AQREES (1) TO 'TAKE THE SAME CARE Of SAID EQUIPMENT AS A REASONABLY SARE- FUL PERSON WOULD TAKE CARE OF MIS OWN PROPERTY, AND (2) TO KEEP SAID EOUiPMCNT IN 4000 REPAIR AND CONDITION DURING 74C 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,CQUIPNENt IS LOST$ TAKEN OR DESTROYED BY fine, THEFT, WINDSTORM, PUBLIC OMASTER, ACT Of GOO, OR ANY CASUALTY OR CAUSE WRATSOEYER, THERE SHALL SE 'NO ABATEMENT Of THE RENT PRO- HIDED FOR mom" AND (b) TiIAT CITY SHALL PROMPTLY AND AT ITS EXPENSE REPLACE ANY OF SAID EQUIPMENT WHICH 1$ 00 TAXEN, LOST ON DESTROYED, AND (g) If A REGISTRATION Of LICENSE FEE is ReQUtRED ST THE STATE Of TEXAS TMEN THE CITY SMALL SE LIABLE FOR THE PAYMENT Of SUCH FEE AND IN THE EVENT SUCH A REGISTRATION OR LICENSE FEE, IS PAID SY THE LESSOR, THEN THE CITY SMALL REtiesuasE THE LESSOR FOR ANY AND ALL AMOUNTS PAID AS SUCH LICENSE ON REGISTRATION FEE BY THE LEssom, AND (6( AT THE TIME THE . CITY EXERCISES ITS OPTION TO PURCHASE, AS PROVIDED FOR HEREIN, CITY AGREES AND 050GATEB ITSELF TO EXECUTE ALL NECESSARY AND PROPER EXCImPTION CERTIFICATES ON ALL FEDERAL EXCISE TAXES PAID ST Lesson AND If WITHH$* NINETY (90) DAYS AFTER TOE PURCHASE BY The CITY Of TOE EQUiPMENT HEREIN LEASED AND RENTED By CITY FROM LESSOR, LESSOR HAS NOT SEEN REFUNDED BY THE FEDERAL GOVEM"tNT SAID FEDERAL EXCISE TAXES, CITY Simos AITD'oBLIDATc* ITsEIf TO PAY TO LESSON THE PULL AMOUNT Of SAID FEDERAL EXCISE TAXES, PROVIDED, NOWEYER, THAT tF AFTER CITY NAS PAtD TO THE LESSON THE AMOUNT OF SAID excise TAXES` SUCH TAXES DE REFUNDED TO LeSSDR, THEN Lesson BINDS AND OBLIGATES ITSELF TO PAV TO CITY TOE AMOUNT OF SAID FEDERAL EXCISE TAXES SO REFUNDED SY THE FEDERAL GOVERNMENT TO Lesson AND THERETOFORE "to BY THE CITY TO LESSOR, AND CITY (7) STILL fURTHER AGREES TO INDEMNIFY, HOLD AND *AYE Lesson HARMLESS -2- FROM ANY CIVIL OR CRIIINAL SUIT OR LIASILITY WHATSOEVCR, SAVE IND EXCEPT AS MAY all CAUSED BY FAULTY DESIGN, MANUFACTURE OR MATERIAL, ARISING OUT OF OR sN CONNECTION WIT# THE USE OR POSSESSION OF SAID EQUIPMENT OY CITY NNOCR THIS LEASE AND FOR TAC MAPS TERM TNCREor. IV CITY SHALL HAVE THE RIGHT AND OPTION TO EXTEND THIS LEASE AGREEMENT FOR A SECORD PCR #OD Of TWELVE (12) MONTHS 8Y NOTiFYine LESSOR Or SUGh INTENTION GIVER ON OR SEFORE THE EXpIRATiom OP Tne TWELVe (12) 'MONTHS TERM Mentor. FURT»ERMORE, CITY SMALL HAVE THE RIGHT AND OPTION TO PURCHASE SAID ZOUIPPENT BRom LESSOR UPON OR SE- FORE THE ORISINAL OR tXIENSIGN EXPIRATION DATE OF YIiIS LEASE, if CITY IS NOT IN DE- FAULT It/ ANY Of ITS OBLIGATIONS UNDER THIS LEASC OR EXTENSION THCREOF. THIS OPTION MAY oz extnISED ST CITY /8 OtVINQ Novice IM WRITiNG TO LESSOR NOT LC58 THAN THIRTY (30) OATS PRIOR TO SAID OATS OF ITS INTEHTIOM TO EXERCtSE SAID OPTION, ARO SV ITS PAYMENT TO LESSOR IN CASH AN AIAOUNT SUFFICIENT, WMICM WHEN AODCO TO THE TOTAL OF RENTAL PAY - RENTS, WILL AMOUNT TO . / Tt� Y, - 0 ? r SAID PAYMENT TO OC HAVE ON OR SEPORC THE CXPIRATION DATE OF T'AIS LEASE OR EXTENSfoo THEREOF. THERE SHALL SE DEDUCTED FROM SUCH PURCHASE PRICE THE TOTAL AMOUNT OF ALL RENTALS PAID BY CITY TO LESSOR FOR THE RENT 4DF SAID EQUiPUCNT AS PROVIDED HEREIN. UPON EI[ERCiB£ or TAkf OPTION AND PAYMENT OF tNC PURCHASE PRICE LESS THE CREDir FOR RENTAL PAYHENTS, UFiN TILE TERNS AND WIIHIU THE TIME AFORESAID, LESSOR AQRCCS PROMPT- LY TO C%E[UTE AND OELIVER TO CITY SUCPi INSTRUMENTS OR EVIDERCES OF TITLE TD SA10 CQUiP- NCNT AS MAY CC NECESSARY OR PROPER TO VEST GOOD TITLE THERETO IN CITY. V DEFAULT ON THE PART OF CITY IN PAYINS SAID RENT OR ANY INSTALLMENT THEREOF, AS W{REIMA0OVC PROVfDEO, OR OEFAULT ON CITYIS PART IN KEEPING OR PERFORMING ANY OF THE TERMS, COVENANTS, AGREEMENTS OR CONDITIONS CONTAINEO IN THIS LEASE SHA1:1, AUTHORt2E LESSOR, AT ITS OPTION AND AT ANY That AFTER SUCH DEFAULT, ANO AFTER TRIRTY (30) DAY'S WRITTEN NOTICE TO CITY, TO DECLARE THIS LEASE TERMINATED AND TO REPOSSESS SAID LEASED EQUIPMENT WIT" OR WITHOUT LEGAL PROCCSS, AND 41TNOUT PREsUDICE TO ANY OF ITS OTHER LEGAL RIGHTS, AND ANY RENTALS PROVIDED FOR NERCUNOER AND UNPAID AT THE TIME Of SUCH DEFAULT SHALL SCaOMC,'AT L9690RIS OPTION, IMMEDIATELY DUE AND PAIAbLE AND SMALL ",to INTEREST PROM SUCH DATE UNTIL PAID AT THE RATE OF SIX (64) PERCENT PER ANNUAL. 1N GA8C T"t CITY "ARE$ DEFAULT IN THE PERFORMANCE OF ANY OF THE TERMS, COVENANTS, AGREE+ NENTS OR CONDITIONS CONTAINED AN T41S LEASE, AND LESSOR PLACES THE ENFORCEMENT Of -3- 0 TISt$ LEASE, OR ANY PART TIiERCOf, OR Tv -C COLLCCTION OF ANY RENT PUE OR TO SCCONC out HLREUNOER OR THE RECOVERY OF PoSSCSSiON OF SAID CQUI►MLNT OR ANT OP If IN TMC HANDU of AN 01114NEY, OR FILES SUIT UPON 5AMQL, CITY AORCES TQ PAY LESSOR, IN AD- DITION to THE RENTAL PAYHCNTa PROVIDED POR HEREIN, A RCASONASLC ATSORNCV'S FEES. vi IT tG-UNDERSTOOO AND AGREED aY AND 6911019911 164E PARTIES 09111410 AS fOLLOWSS 1. ALL PATMENTS Of RENTALS, OR ANY OTHER PAIMCWTO HEREUNDER SHALL OC IIAOC or CITY TO Tot ACCOUNT OF LESSOR, ON ITS ORDER, IN FIRST NATIONAL SzAK OF SAN AmYoN1O, TEXAS. 2. THIS LEASE CANNOT BE C"ANOCO, VARIED OR EXTENOCO EXCEPT BY INSTRUMENT to wm m NG $1GNC0 6Y LESSOR AND CITY AND FAILURE TO EXERCiSE 7KE OPTION OP rORfEITiNa T1115 LEASC IN 6AS9 Of DEFAULT ON TOC PART OF C =TY SHALL NOT WAIVE THE RIGAf OF FOR - FGITURL, AND ANY M140T ACCRUING TO LESSOR UNDER THIS LEASE TO VORFEIT SAHC SHALL NOT BE WAIVED OR DEFAULTED CXCEPT SY WRITYCN VAIVCR OF LESSOR, AND ACCEPTANCC OF RENT 314ALL NOT '&E CONSTRUED AS SUCH WAIVER. 3. A ho%, N0 OVER AFTER THE TCRKINATION OF THIS LEASE SHALL AUTOMATICALLY RENEW AND CXTCNO TKI2 SAME, AND $USJECT 118C CITY TO LIABILITY FOR RENTALS. vll LESSOR COVENANTS AND AQRECS (1) THAT CITY, ON PAYINO THC SAID RENT AND PCR- iORmING THE SA40 COVENANTS CONTAINED NERgIN IN THE SCANNER AND WITIIRN THE TIULS HCREIN PROVYDEO, SHALL AND 44AV PCACCASLE AND QUIETLY %AVC, HOLD AND ENJOT POSSESSION AND USE OF $AID LEASED ECUIPMENT FOR INC TERN AFORESAID, AND (2) THAT IT,WILL OCfEND CITY IN PCACCASLE POSSESSION Di' SAID LEA360 EQUIPMENT FOR THC PULL TERN OP THIS LEASEI CITY COVENANTS Alto ,AGRECS ROT TO SUFFER, COMMIT OR PERMIT ART WASTE OF OR DAMAGE TO THE LCASEO OUIPMENI OR ANY OF IT DURING THE TCRM of T414 LEASE. TOE APPARATUS OLLIVERCD TO THC CITY BY Lenox IS WARRANTED AND 4UARANTEEO AND REPRES01E0 TO OR IN FiT, SOUND AND WORXMANLIRC CONDITION AND TO CONTORM IN ALL RCSPCCTS TO THE 0A4UrACTyRER*S GUARANTEE OIYEN TO LESSOR. Vill IT IS UNOCRSTOOD AHD A40CED BT AND SETWCEN TNC PARTIES HCRETO THAT TN INC i EVENT THE CITY AT ANY TII/E SHOULD EXCOCISC ITS OPTION TO PURCHASE TNC EOUIPKCNT 4PCC'1FIC0 HCRCIN, TNC CITY 60,ALL D!AVC NO ROGNT TO PURCHASE ONLY A PART of SAID EgUiP- 1 14CUT OUT T$,X CITYrSNA.. SE .�W NEO-AND OBLIGATED YO EXERCISE ITS OPTION RIONIS PRO• f VIDEO 101 THIS AORCE*IENT ON ,TTIE W?OLE Of SAfO COUIPHENT. V 1 .. MEM Ix IN TMI¢ AORECUENT VNERE "IT" IS YSEO, K „C' SHALL APPLY IN THE PROPER INSTANCE. IN TESTIWW wHEREOF, TNe CITY OF CORPUS CHRISTI MAS CAUSE* THIS LCASE' ASREE- 090T TO BE SIGNED SY ITS CITY MANAGER, COUMTERSIGN90 ST ITS CITY CONTROLLER, AND ATTESTED 0Y IY$ CITY SECKTANY, WITH tTS CORPORATE $CAL AIMIXEO TMERETO, PURSUANT TO TIC TXRMO Or THE ORDINANCE PASSE* 0Y TXC CITY COUNCIL, AND LESSOR HAS CAUSED THI$ ' AOREENENT TO DC EXECUTED THIS TOE DAY OF JULY, A.D. Cyy2. AMSTs THE CITY OF CORPM CHRISTI TIY C1Tv MANAGER CITY SECOCTARY APPROViO A.5 TO LEGAL FORM: COUNTERSICNM C+TY i4TTORNEY CITY CONTROLLER LESSEE 0 -5- H MARTIN -SMITH COXNM LESSOR W 2 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 (HEALTH UNIT XD) Fund from which it is proposed to be drawn, and such money is not appropriated for any other purpose. Director of Finance