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Home My WebLink About03351 ORD - 11/18/1952j - r • -_ r AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AN ON BEHALF OF THE CITY TO EXECUTE A LEASE PURCHASE AGREEMENT WITH BROWNING- FERRIS MACHINERY COMPANY COVERING ONE JAEGER MODEL 11SA CEMENT MIXER MOUNTED ON 2 -WHEEL TRAILER TYPE FRAME FOR AND IN CONSIDERATION OF $2,388.6o, OF WHICH SUM $1,000($600 CASH AND $400 TRADE -IN VALUE ON MACHINES N0. 412 AND 416) IS -THE INITIAL PAYMENT, $78.60 IS 4% INTEREST ON DIMISHING BALANCE, SUCH REMAINDER BEING $100.00, FOR WHICH PAYMENT SHALL BE MADE OUT OF NO. 108 STREET FUND - XD ACCOUNTS PAYABLE, STREET M/C, FOR USE OF CITY DEPARTMENTS, ALL IN ACCORDANCE WITH SUCH AGREE- MENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: ` SECTION 1. THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED FOR AND ON BEHALF OF THE CITY TO EXECUTE A LEASE PURCHASE AGREEMENT WITH BROWNING - FERRIS MACHINERY COMPANY COVERING ONE .JAEGER MODEL 11SA CEMENT MIXER MOUNTED D ON 2 -WHEEL TRAILER TYPE FRAME FOR AND IN CONSIDERATION OF THE SUM OF $2,388.60.OF WHICH SUCH SUM $1,000 ($6OO CASH AND $400 TRADE -IN VALUE " ON MACHINES NO. 412 AND 416) IS THE INITIAL PAYMENT, $78.60 IS 4% INTEREST ON DIMISHING BALANCE, SUCH REMAINDER BEING $1,310.00, FO12 WHICH PAYMENT SHALL BE MADE OUT OF NO. 108 STREET FUND - XD.A000UNTS PAYABLE, STREET'M/C, FOR USE OF CITY DEPARTMENTS, ALL IN ACCORDANCE WITH SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THAT THE NECESSITY OF MAINTAINING AND KEEPING CONTINUOUS- LY IN OPERATION SUCH CITY EQUIPMENT AND THE •NECESSITY OF IMMEDIATELY PROVIDING FOR THE EXECUTION OF SUCH AGREEMENT TO FURNISH SAID EQUIPMENT FOR USE OF THE CITY DEPARTMENTS, SUCH OPERATIONS BEING TO THE BENEFIT OF THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE, 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 INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AN-D NECESSITY TO EXIST, 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 �I FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE18TH DAY OF NOVEMBER, .D. 1952• MAYOR THE CITY OF CORPUS:CHRISTI TTEST: CITY SECRETARY 9- APPROVED AS TO LEGAL FORM: CITY ATTORNEY f -2- (' ' CO(R/e)US CHRISTI, TEXAS Ao TO THE MEMBERS OF THE CITY COUNCIL - CORPUS CHRISTI, TEXAS GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY -CLAUSE OF THE FORE- GOING ORDINANCE OR RESOLUTION, A PUBLIC EMERGENCY AND IMPERATIVE PUBLIC 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 IN- TRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL. I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINAL- LY ON THE DATE IT IS INTRODUCED OR AT THE PRESENT MEETING OF THE CITY COUN- CIL. RESPECTFUL Y, MAYOR— CITY OF CORPUS CHRISTI THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: LESLIE WASSERMAN .LACK DEFORREST GEORGE L. LOWMAN FRANK E. WILLIAMSON THE ABOVE ORDINANCE OR RESOLUTION WAS PASSED BY THE FOLLOWING VOTE; LESLIE WASSERMAN JACK DEFORREST GEORGE L. LOWMAN FRANK E.yyyyWILLIAMSON /ia Q /LG[GG /1C�97f ��. STATE OF TEXAS COUNTY OF NUECES This LEASE AGREEMENT made and entered into between the CITY OF CORPUS CHRISTI, a municipal corporation of Nueees'County, Texas, hereinafter called the CITY and Browning - Ferris Machinery Company s hereinafter called LESSOR, W I T N E S S E T H s • I. LESSOR has leased, demised and rented, and by these presents does lease, demise and rent to CITY for the period from the day of ' , A.D. 19, , to the day of T_, A.D. l9_, both date inclusive, the following equipments 1 - Jaeger Model 11SA Cement Mixer (11 ou. ft) mounted on 2 -Wheel trailer type frame (Pneumatic tires). Cable operated power skip loader, Water tank, towing tongue. ($2,37.0'.00 less trade -in #Wz & #416 total $400.00 Net $1,910.00) Machine #107637. Engine Wisconsin 1713508. 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- fore the dates specified belows Date Amount Cash Payment $600.00 Plus Int eat at L� on 8 310 00 s 19—) $ 678.60 OR w en 0 o a ove eq pmen6'1s delivered to CITY 19.53 $ 655.00 -I 1'h 5 , 19_54 655.00 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. r i r III. 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 LESSOR earmarked for the CITY OF CORPUS 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- 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 God, or any casualty or cause whatsoever, there shall be no abate- ment of the rent provided for herein and (14) 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 - r CITY agrees and obligates itself to execute all necessary and proper exemption certificates on all Federal excise taxes paid by LESSQR 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 vivil 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 CITXIS giving notice in writing to LESSOR not less than thirty (30) days prior to said date of its intention to exercise said option, and by its payment to LESSOR in cash of the sum of $ 655.00 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 10988.60 and the total consideration of the rental and subsequent purchase by option of said equipment is the principal sum of $ 1,910.00 ^, 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 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- 7 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 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. 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 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 ".-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 :sae 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 egress 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 - I 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 manu£acturerfs 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. I %. In this agreement where nittl is used, she" 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 Controller and attested by its City Secretary, with its corporate seal affixed thereto, pur- suant to the terms of an ordinance passed by the City Counoil, and LESSOR has caused this agreement to be executed this day of , A,.D. 29 CITY OF CORPUS CHRISTI, TEXAS Attests By City Manager City Secretary Approveds Assistant City Attorney Countersigneess 31-1-s1 City Controller LESSOR