HomeMy WebLinkAbout03306 ORD - 08/12/1952k
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF
OF THE CITY TO EXECUTE A LEASE ME
AGREENT -TODD SHIPYARDS CORPORA-
TION FOR A MONTHLY RENTAL OF EIGHTY DOLLARS PER MONTH, WITH OP-
TION TO PURCHASE FOR THE TOTAL CONSIDERATION OF NINETEEN HUNDRED
SEVENTY -TWO DOLLARS AND NINETY -TWO CENTS ONE (1) TIFA FOG APPLICA-
TOR MACHINE, SERIAL NUMBER 21450, MODEL NUMBER 40-E-52,-UNDER THE
TERMS AND CONDITIONS OF SAID AGREEMENT, A COPY OF WHICH AGREEMENT
IS ATTACHED HERETO AND MADE A PART HEREOF; SUCH PAYMENTS TO BE MADE
OUT OF NO. 102 CURRENT FUND FOR THE USE OF THE HEALTH UNIT OF THE
CITY; REPEALTNG'ORDINANCE NO. 3290, PASSED AND APPROVED ON THE
1ST DAY M JULY, 1952, AUTHORIZING A CONTRACT WITH MARTIN SMITH CO.
FOR THE PURCHASE OF SUCH MACHINE, SAID CONTRACT BEING UNEXECUTED;
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 DIRECT-
ED FOR AND ON BEHALF OF THE CITY TO EXECUTE A LEASE AGREEMENT WITH TODD SHIPYARDS
CORPORATION FOR A MONTHLY RENTAL OF EIGHTY DOLLARS PER MONTH, WITH OPTION TO
PURCHASE FOR THE TOTAL CONSIDERATION OF NINETEEN HUNDRED SEVENTY -TWO DOLLARS
AND NINETY -TWO CENTS ($1972.92)1 ONE (1) TIFA FOG APPLICATOR, SERIAL NO. 21450,
MODEL N0. 140 -E -52, UNDER THE TERMS AND CONDITIONS OF SAID AGREEMENT, A COPY OF
WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HERETB; SUCH PAYMENTS TO BE
MADE OUT OF NO. 102 CURRENT FUND FOR THE USE OF THE HEALTH UNIT OF THE CITY. ,
SECTION 2. THAT ORDINANCE N0. 3290, PASSED AND APPROVED ON THE 13T DAY
OF JULY, 1952, AUTHORIZING A SIMILAR CONTRACT WITH MARTIN SMITH COMPANY, SUCH -�
CONTRACT BEING UNEXECUTED, IS HEREBY IN ALL THINGS REPEALED.
SECTION 3. THAT THE NECESSITY OF IMMEDIATELY OBTAINING SUCH FOG APPLI-
CATOR FOR THE USE OF THE HEALTH DEPARTMENT IN THE PROTECTION OF THE HEALTH,
SAFETY, AND GENERAL WELFARE OF THE PUBLIC, CREATES A PUBLIC EMERGENCY AND;AN
IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT
NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRO-
DUCTION 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, REQUESTING 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 APPROV-
ED THIS THV2! AY OF AUGUST, 1952.
A TEST:
MAYOR
THE CITY OF CORPUS CHRISM TEXAS
CITY SECRETARY
APPROVED AS TO LEGAL FORM:
CITY ATY RNEY
Corpus Christi, Texas
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TO TGB MEMERS OF THE CITY COUNCIL
Corpus Christi, Texas
1., 4z s
Gentlemen: `• ; -f
For
For the reasons set forth in the emergency clause of the foregoing
ordinance, a public emergency and imperative necessity exist for 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 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, F`
•, MAYOR
r . City of Corpus Christi, Texas .
„ -*The Charter r4a was suspended by the fallowing vote:
oil ites11e erma
- Jack Oporrest 2 f-
Sydney E. 'Herndon
George L, Lowman ,.
Frank E. Williamson
The above ordinance was passed by the following vote:
Leslie Wasserman
Jack DeForrest
Sydney E. Herndon Ch�
George L, Lowman,
-Frank E, Williamson
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LEASE AGREEMENT
I THE STATE OF TEXAS j
COUNTY OF NUECES
THIS LEASE AGREE14ENT MADE AND ENTERED INTO BETWEEN THE CITY OF CORPUS
CHRISTI, TEXAS, A MUNICIPAL CORPORATION OF NUECES COUNTY, TEXAS, HEREINAFTER
CALLED THE CITY, AND TODD SHIPYARDS CORPOIIAT /OR,
OF ELMHURST, QUEENS, NEW YORK, HEREINAFTER CALLED LESSOR,
W I T N E S S E T H I
i
' LESSOR HAS LEASED, DEMISED' AND RENTED, AND BY THESE PRESENTS DOES LEASE,
DENISE AND RENT TO SAID CITY FOR THE PERIOD FROM THE 1ST DAY OF SEPTEMBER,
J552',, TO THE 30TH DAY OF AUGUST, 1953, 'BOTH DATES INCLUSIVE, THE FOLLOWING
EQUIPMENTS ONE TIFA FOG APPLICATOR MACHINE, SERIAL NUMBER 2450
MODEL NUMBER 440 —E -52
IT 18 DISTINCTLY AND SPECIFICALLY UNDERSTOOD THAT THE EQUIPMENT HEREIN
'LEASED AND RENTED BY CITY FROM LESSOR SHALL BE USED EXCLUSIVELY IN THE SERVICE '
OF, THE CITY.
rI
IN CONSIDERATION FOR THE LEASE OF SAID EQUIPMENT TO THE CITY, THE CITY
PROMISES TO PAY LESSOR AND THE LESSOR AGREES TO ACCEPT FROM THE CITY THE
FOLLOWING RENTALSS ON 09 BEFORE SEPTEMBER 1ST, 1952, EIGHTY DOLLARS ($80)s
ELEVEN tit? SUCCESSIVE MONTHLY PAYMENTS DUE ON THE FIRST DAY OF EACH SUCCESSIVE
MONTH AFTER SEPTEMBER 1, 1952, AT EIGHTY DOLLARS ($80) PER MONTH. THIS RENTAL
CONTRACT MAY BE EXTENDED FOR A SECOND PERIOD OF TWELVE (12) MONTHS, BEGINNING
ONE (1) YEAR AFTER DATE AT THE OPTIOM OF THE CITY AS PROVIDED Ifl SECTION IV
HEREOF, AND, IN THE EVENT OF THE EXERCISE OF SUCH OPTION, RENTALS SHALL BE
PAID AT THE RATE OF EIGHTY DOLLARS ($801 PER MONTH, PAYABLE ON OR BEFORE THE
1ST DAY OF EACH CALENDAR MONTH BEGINNING ON SEPTEMBER 1, 1953, AND CONTINU-
ING TWELVE (12) MONTHS THEREAFTER.
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.
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'WITH REFERENCE TO THE ABOVE EQUIPMENT THAT 16 DELIVERED UPON THE EFFEC-
TIVE DATE OF THIS AGREEMENT, THE CITY ACCEPTS SUCH EQUIPMENT IN THE CONDITION IN
WHICH IT IS NOW IN, AND LESSOR SMALL NOT BE OBLIGATED OR REOUIRED TO MAKE ANY
IM-PROVEMENTS, REPLACEMENTS OR REPAIRS OF ANY KIND OR CHARACTER UPON OR TO SAID EQUIP-
MENT OR ANY OF IT. DURING YHE TERM OF THIS LEASE.
WITH REFERENCE TO THE EQUIPMENT WHICH WILL BE DELIVERED AFTER THE £FFEC-
TIV£ DATE OF PHIS AGREEMENT, IT 13 AGREED BY AND BETWEEN THE PARTIES HERETO THAT
THE C TY VILL HAVE A REASONABLE TIME AFTER THE DELIVERY OF SUCH EQUIPMENT TO DE-
TERMINE WHETHER TO ACCEPT OR REJECT SAME. LESSOR SMALL NOT BE OBLIGATED TO INCUR
OR PAY ANY EXPENSE OF ANY KIND OR CHARACTER DURING THE ENTIRE TERN OF THIS LEASE
BY REASON OF OR IN CONNECTION WITH THE PURPOSE FOR WHICH SAID EQUIPMENT WAS DESIGN-
ED. CITY AGREES (1) TO TAKE THE $AMC CARE OF SAID EQUIPMENT AS A REASONABLY CARE-
FUL PERSON WOULD TAKE CARE OF 013 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) THRT IF ANY OF SAID EQUIPMENT IS
LOST, TAKEN OR OESTROYED BY FIRE, THEFT, WINDSTORM, PUBLIC DISASTER, ACT OF GOD,
OR ANY CASUALTY OR CAUSE WHATSOEVER, THERE SHALL BE NO ABATEMENT OF THE RENT PRO-
VIDEO FOR HEREIN AND (N) 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 13 REWIRED BY THE STATE OF TEXAS THEN THE CITY SHALL eE LIABLE FOR
THE PAYMENT OF SUCH FEE AND IN THE EVENT SUCH A REGISTRATFON 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, CITY AGREES AND
OBLIGATES ITSELF TO EXECUTE ALL NECESSARY AND PROPER EXEMPTION CERTIFICATES ON
ALL FEDERAL EXCISE TAXES PAID BY LESSOR AND IF WITHIN NINETY (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 jr 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 THERETOFORE PAID BY THE CITY TO
LESSOR, AND CITY (7) STILL FURTHER AGREES TO INDEMNIFY, HOLD AND SAVE LE33GR HARMLESS
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FROM ANY CIVIL OR CRIVINAL SUIT GR LIABILITY WHATSOEVER, SAVE AND EXCEPT A9 MAY BE
CAUSED BY FAULTY O €SIGN, MANUFACTURE OR MATERIAL, ARISING OUT OF OR IN CONNECTION
WITH THE USE OR POSSESSION OF SAID EQUIPMENT BY CITY UNDER THIS LEASE AND FOR V41E
ENTIRE TERM THERCOF.
IV
CITY SHALL HAVE THE RIGHT AND OPTION TO EXSEND THIS LEASE AGREEMENT FOR A
SECOND PERIOD Of TWELVE (12) MONTHS BY NOTIFYING LESSOR OF SUCH INTENTION GIVCN ON
OR BEFORE THE EXPIRATION OF THE TWELVE (12) MONTHS TERM HEREOF. FURTHERMORE,' CITY
SHALL HAVE THE RIGHT AND OPTION TO PURCHASE SAID EQUIPMENT FROM LESSOR UPON OR BE-
FORE YNC ORi GINAL OR CXTENSION EXPIRATION DATE OF TATS LEASE, IF CITY IS NOT IN DE-
FAULT IN ANY OF ITS OBLIGATIONS UNDER THIS LEASE OR EXTENSION THEREOF. THIS OPTION
MAY BE EXERCISED BY CITY'S GIVING NOTICE IN WRITING TO LESSOR NOT LESS THAN 7RIRTY (30)
DAYS PRIOR TO SAID DATE OF ITS INTENTION TO EXERCISE SAID OPTION, AND BY ITS PAYMENT
TO LESSOR IN CASH AN AIJOUNT SUFFICIENT, WHICH WHEN ADDED TO T.E TOTAL OF RENTAL PAY -
KENTS, WILL AWNINT TO NINETEEN HUNDRED SEVENTY Two DOLLARS & 2/100 ($1972.92 ),
SAID PAYMENT TO BE MADE ON OR BEFORE THE EXPIRATION DATE OF TICS LEASE OR EXTENSION
THEREOF. THERE SHALL DE DEDUCTED FROM SUCH PURCHASE PRICE THE TOTAL AMOUNT OF ALL
RENTALS PAID BY CITY TO LESSOR FOR THE RENT OF SAID EQUIPMENT AS PROVIDED HEREIN,
UPON EXERCISE OF T"e OPTION AND PAYMENT OF THE PURCHASE PRICE LESS THE CREDIT FOR
RENTAL PAYPENTS, UPON THE TERNS AND WITHtN THE TIRE AFORESAID, LESSOR AGREES PROMPT-
LY TO EXECUTE AND DELIVER TO CITY SUCH INSTRUMENTS OR EVIDENCES OF TITLE TO SAID CQUIP-
MENT AS MAY BE NECESSARY OR PROPER TO VEST GOOD TITLE THERETO IN CITY.
v
DEFAULT ON THE PART OF CITY IN PAYING SAID RENT 00 ANT INSTALLMENT THEREOF,
AS HEREINAZIOVE PROVIDED, OR DEFAULT ON CITY'S PART IN XCEPrNG OR PERFORMING ANY OF
THE TERNS, COVENANTS, AORCEME073 OR CONDITIONS CONTAINED IN THIS LEASE SHALL AUTHORIZE
LESSOR, AT ITS OPTION AND AT ANY TIKE AFTER SUCH DEFAULT, AND AFTER TYteRTY (30) DAY'S
WRITTEN NOTICE TO CITY, TO DECLARE THIS LEASE TERMINATED AND TO REPOSSESS SAID LEASED
EQUIPMENT WITH OR WITHOUT LEGAL PROCESS, AND WITHOUT PRtJUDICE 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, IHNEDIATELY DUE AND PAYABLE AND SHALL AE?:R
IN'EREST FROM SUCH DATE UNTIL PAID AT THE RATE OF FOUR�4%t,% PERCENT PER ANNUM, IN
CASE THE CITY kAXES DEFAULT IN THE PERFORMANCE Of ANY OF THE TERMS, COVENANTS, AGREE.
MCNTS OR CONDITIONS CONTAINED IN THIS LEASE, AND Lt95+3It PLACES THE ENFORCEMENT OF
•3,
THIS LEASE, OR ANY PART THEREOF/ OR TxE COLLECTION OF ANY RENT DUE OR TO BECOME
DUE HEREUNDER OR THE RECOVERY OF POSSESSION OF SAID EQUIPMENT OR ANY OF IT Ip THE
HANDS OF AN ATTORNEY, OR PILES SUIT UPON SAME, CITY AGREES TO PAY LESSOR, IN AD-
DITION TO THE RENTAL PAYMENTS PROVIDED FOR HEREIN, A REASONABLE ATTORNEY'S FEES.
Vi
It 18 UNDERSTOOD AND AGREED SY AND DETWEEN THE PARTIES HERETO AS FOLLOWSf
f. ALL PATMENtS OF RENTALS, OR ANY OTHER PAYMCNTB HEREUNDER SHALL 8E
MADE BY CITY TO TOE ACCOUNT OF LESSOR, OR ITS ORDER, IN CdRPUS1•C1WieeTI,NA$iONRL BANK
OF r,CORPU,S ;CIRlj$•&I:F„TEXAS.
2. THIS LEASE CANNOT BE CHANGEO, VARIED OR EXTENDED EXCEPT SY INSTRUMENT
IN WRSTING StGN£D 8Y LESSOR AND CITY AND FA %LURE TO EXERCISE THE OP7400 OF FORFEITiAG
THIS LEASE IN CASE OF DEFAULT ON THE PART OF CITY SHALL NOT WAIVE THE RkGHt OF FOR -
FEiTURE, AND ANY RIGHT ACCRUING TO LESSOR UNDER T1418 LEASE TO FORFEIT SAME SHALL NOT
BE WAIVED OR OEFAULTED EXCEPT BY WRITTEN WAIVER OF LESSOR, AND ACCEPTANCE OF RENT
$11ALL NOT SE CONSTRUED AS SUCH WAIVER.
'3. A HOLDING OVER AFTER THE TERMINATION OF THIS LEASE SMALL AUTOMATICALLY
RENEW AND EXTEND THE SAME, AND SUBJECT THE CITY TO LIABILITY FOR RENTALS.
L£S80R COVENANTS AND AGREES (1) THAT CITY, ON PAYING THE SAID RENT AND PER-
FORMING THE SAID COVENANTS CONTAINED NERBt% IN THE MANNER AND WITHIN THE Tia1ES
pjEREIN PROVIDED, $HALL AND MAY PEACEASLE AND QUIETLY HAVE, HOLD AND ENJOY POSSESSION
AND USE OF SAID LEASED EQUIPMENT FOR THE TER% AFORESAID, AND (2) THAT IT,WILL DEFEND
CITY IN PEACEASLE POSSESSION OF SAID LE"90 EQUIPMENT FOR THE FULL TERN OF THIS LEASE;
CITY COVENANTS AND AGREES NOT TO SUFFER, COMMIT OR PERMIT ANT WASTt OF OR DAMAGE TO
THE LEASED OUIPNENT OR ANY OF It DURING THE TENN OF THIS LEASE.
THE APPARATUS DELIVERED TO THE CITY SY LESSOR IS WARRANTED AND GUARANTEED
AND REPRESENTED TO BE IN FIT, SOUND AND WORKMARLIRE CONDITION AND TO CONFORM IN ALL
R €8P£C.T3 TO THE HANUFACTURER'S GUARANTEE GIVEN TO LESSOR.
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IT IS UNDERSTOOD AND AGREED BY AND DETWEEN IKE PARTIES HERETO THAT IN THE
EVENT THE CITY AT ANY TIME SHOULD EXERCISE ITS OPTION TO'PURCHASC THE EQUIPMENT
'SPECtFIEO HEREIN, THE CITY SHALL HAVE NO RIGHT TO PURCHASE ONLY A PART OF SAID EQUIP-
MENT BUT THE CITY SHALL BE REQUIREO AND OBLIGATED TO EXERCISE ITSOPTiON RIGHTS PRO -
VIDEO 19 THIS AGREEMENT ON THE WHOLE OF S110 EQUIPMENT.
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IN THIS AGREEMENT WHERE hIT° IS USED, "HE" SHALL APPLY IN THE PROPER
INSTANCE.
IN TESTIMONY WHEREOF, THE CITY OF CORPUS CHRIST! HAS CAUSED THIS LEASE
AGREEMENT TO BE SIGNED BY ITS CITY MANAGER, COUNTERSIGNED ST ITS CITY CON-
TROLLER, AND ATTESTED BY ITS CITY SECRETARY, WITH ITS CORPORATE SEAL AFFIX
EO THERETO,/ PURSUANT TO THE TERMS OP THE ORDINANCE PASSED BY THE CITY COON.
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CILf AND LESSOR HAS CAUSED THIS AGREEMENT TO BE CXECUTED THIS THE PAY
OF SEPTEMBER, A. D. _72.
THE CITY OF CORPUS CHRISTI
ATTEST: By
COLLIER* CITY MANAGER
IfY SECRETARY
LESSEE
APPROVED AS TO LEGAL FORM
CITY ATTORNCY TODD SHIPYARDS CORPORATION
COUNTERSIGNEOI gY
L CITY CONTROLLER L E S S O R 4
ATTESTED (FOR CORPORATION):
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