HomeMy WebLinkAbout03356 ORD - 11/28/1952AN ORDINANCE f
AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF
OF THE CITY OF CORPUS CHRISTI TO EXECUTE THREE LEASE PURCHASE
AGREEMENTS WITH NEWMAN -WEST MOTORS, ONE COVERING FOUR LIGHT
SEDANS FOR USE OF THE POLICE DEPARTMENT, ONE MEDIUM SEDAN FOR
USE OF THE FIRE DEPARTMENT, ONE 1/2 TON PICK -UP TRUCK AND ONE
1 -1/2 TON FLAT BED TRUCK WITH SIDEBOARDS FOR USE OF THE GARBAGE
DISPOSAL, ONE 1/2 TON PICK -UP TRUCK FOR USE OF GARBAGE COLLECTION;
ONE 1/2 TON PICK -UP FOR USE OF THE GARAGE, AND ONE 1 -1/2 TON CAB
AND CHASIS FOR USE OF WEED CONTROL FOR CONSIDERATION AS SET
OUT IN THE SCHEDULE OF PAYMENTS SEt OUT IN SECTION 1 HEREOF, SAID
PAYMENTS TO BE MADE OUT OF NO. 102 CURRENT FUND FROM THE RESPECTIVE
DEPARTMENTAL APPROPRIATIONS HERETOFORE SET ASIDE FOR SUCH USE; ONE
CONTRACT COVERING THREE 1 -1/2 TON DUMP TRUCKS, TWO 1 -1/2 TON FLAT
BED TRUCKS, TWO 3/4 TON PICK -UP TRUCKS,'AND ONE 1/2 TON PICK -UP
TRUCKS FOR USE OF THE STREET DEPARTMENT, FOR CONSIDERATION AS SET
OUT IN THE SCHEDULE OF PAYMENTS APPEARING IN SECTION 2 HEREOF,
SAID PAYMENTS TO BE MADE OUT OF NO. 108 STREET FUND AS HERETOFORE
APPROPRIATED FOR SUCH PURPOSE; AND ONE CONTRACT COVERING ONE 1 -1/2
TON PLATFORM TRUCK FOR USE OF THE PARK DEPARTMENT, FOR CONSIDERA-
TION AS SET OUT IN THE SCHEDULE OF PAYMENTS APPEARING IN SECTION 3
HEREOF, SAID PAYMENTS TO BE MADE OUT OF NO. 102 CURRENT FUND AS
HERETOFORE APPROPRIATED FOR SUCH PURPOSE; ALL IN ACCORDANCE WITH
THE TABULATION OF BIDS ON FILE HEREIN AND AS MORE FULLY DESCRIBED
AND SET OUT AND IN ACCORDANCE WITH THE TERMS OF SAID AGREEMENTS,
COPIES OF WHICH ARE 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. THAT THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI BE,
AND HE IS HEREBY, AUTHORIZED AND DIRECTED FOR AND ON BEHALF OF THE CITY TO
EXECUTE A LEASE PURCHASE AGREEMENT WITH NEWMAN -WEST MOTORS COVERING FOUR LIGHT
SEDANS FOR USE OF THE POLICE DEPARTMENT, ONE MEDIUM SEDAN FOR USE OF THE FIRE
DEPARTMENT, ONE 1/2 TON PICK -UP TRUCK AND ONE 1 -1/2 TON FLAT -BED TRUCK WITH
SIDEBOARDS FOR USE OF THE GARBAGE DISPOSAL DIVISION, ONE 1/2 TON PICK -UP TRUCK
FOR USE OF GARBAGE COLLECTION, ONE 1/2 -TON PICK -UP FOR THE USE OF THE GARAGE,
AND ONE 1 -1/2 TON CAB AND CHASIS FOR WEED CONTROL, FOR A TOTAL CONSIDERATION
AS SET OUT IN THE SCHEDULE OF PAYMENTS AS FOLLOWS:
CASH DOWN -
'NET TO TRADE INTEREST PAYMENT PLUS
INTEREST
LIST: $21,751.58
LESS TRADE -IN 7,0 8 3.63 $14,667.95
CASH DOWN PAYMENT 4,400.00 $ 616.07 $ 5,016.07
LEASE PURCHASE AGREEMENT $10,^67.95
SAID CONSIDERATION BEING PAYABLE OUT OF NO. 102 CURRENT FUND FROM THE RESPEC-
TIVE DEPARTMENTAL APPROPRIATIONS HERETOFORE SET ASIDE FOR SUCH PURPOSE, ALL IN
ACCORDANCE WITH THE TABULATION OF BIDS ON FILE HEREIN, AND AS MORE FULLY DESCRIB-
ED AND SET OUT AND IN ACCORDANCE WITH THE TERMS OF SAID AGREEMENT, A COPY OF
WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, READING AS FOLLOWS:
{
t
STATE OF TEXAS
COUNTY,OF NUECES
This LEASE AGREEMENT made and entered into between the CITY OF CORPUS
CHRISTI9 a municipal corporation of Nueoes County, Texas, hereinafter called the
CITY and Newman West Motors ,
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 , A.D. 19 , both date inclusive, the following
equipments
See attached list for description of units delivered; all prices
based on net amount to trade.
(See Purchase Order #37208E)
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 a
Date Amount
Down Payment $4,400.00 plus Int. @ 4% on Balance
$10,267.95 ($616.07) , 19_2 $_ 5.o16.o7
OR when 0 of above equipment s
delivered to CITY
111115153 , 19_ $ 5.733.98
].1./15/54 s 19_ 0 5,133.97
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.
DFSMU37ION SHEff
OTI
One Medium 4 -door Sedan, Commander State Land Cruiser, 1194 Wbeelbasej
W HP engines Displacement 232.6 cu. W; Tires and spars, 7s1Ox7S 4 -p2y/
HD AC Generators Dual Electric wiper®, Dual visors Shooks; Color - Fire
Dept. Red; Undercoat.
One +Ton Pickup Truck, Studebaker R51 11211 Wheelbassj 85 HP engines Dis-
Moment 169.6 cu. in.j 3 speed Transmission$ Tires, 6s50x16 6-p3yj 40A
Generators Front and roar Shocks Dual vacua viperaj Dual visors Undercoat. ,
One j Ton Pickup Truck, Studebaker R5; 11211 Wheelbase, 85 HP engines Dis-
p77;oement 169.6 cu. in.; 3 speed Transmissions Tires & spare 6s5Ox16 6-p2yj
40A Generator; Shookej 2 Stage Springs; Dual Vacua wiperas Dual visors
Undercoat.
One l;j Ton Truck with Stake body; Studebaker 2HI6A55s 202 HP engines Displ-
aaement 245.6 cu. i.n.; 4 speed Transmissions Tires, front - 7s50x20 8 ply,
Dual Rear & Spare - W x20 l0 -p3YS 45A DC Generators Front abboks; over-
load springs; Dual vacua wipers$ Dual visors Undercoat.
One i Ton Pickup Truck, Studebaker R51 13211 Whealbasej 85 HP anginal Dis-
p7aosmant 169.6 cu. in,j 3 speed Transmissionj 6,50x16 6-ply tires; 40A
DC Generators Shooks; 2 Stage springs; Dual Vacua wiparaj Dual visors
Undercoat.
One 1} Ton Cab & Chassisj SooAsbaker 2R16A55j 3,554 Whselbassj 102 HP
enginej Displacement 245•.6 ou. in.; 4 speed Transmissions Tires, front -
7s5Ox20 8-ply, Dual Rear and Spare - 760x20 10 -ply$ 45A 0enerators Over-
load Springej Dual vaoum wiperes Dual Visor; Ondercoat.
Four Light 4 -door Sedan; Studebaker Commander; 115" Wheelbase; 120 HP
engines Displacement 232.6 cu. in.; Tires & opera - 71110x15 4 -ply; HID AC
Generators Shocks - front and rears Dual electric wipers; Dual Visors
Undercoat.
Ootober 30, 1952
;14,667.95
ND MAN*WEST M( CRS
DEPT. TO
USE TYPE
LIST TRADE -IN
NET
2.
-mire Mad. Sedan
$2,653.82 01217- $1,184.55
$1,469.27
Garb. Diep, T� P.U.
$1,795.48 # 523 -$
565.48
$1,230.00
3
4�
oarbS Co11. Ton P.U.
Ols795.48 # 565-8
550.00
$1,245.48
5.
Garage T( P.U.
$1,795.48 #1300-S
550.48
31,245.00
Weed -Cont. 1 Ton �&ch.
$2,3A0.00 # 914 -$
450.00
$1,650.00
Garb. Diep. 1 T. F.13 /Sa $2,195.00 # 514 -$
322.72
$1,872.28
7.
8.•
Police _ Lt. Sedan
$2,354.08 # 51 -$
877.60
$1,476.48
Police Lt. Sedan
$2,354.08 # 52 -$
877.60
$1,476.48
9.
police- Lt. Sedan
$2,354.08 # 50 -$
752.60
$1,601.48
10.
Police- Lt. sedan
$2,354.08 # .68 -$
952.60
$4401.48
al�'1S7.si3 `63'63
ITEM
SERTAL NO.
HmCR NO.
1.
8278058
V- 393996
2.
R5 -99202
1R -UU62
3.
R5 -99203
IR ]34263
4.
R5 -99201
1R- 134261
50
R16A -35562
4R -40324
6.
R16A -40628
4R-51801
7.
8277494
V- 193505
8.
8277352
V- 193408
9.
8277524
V- 193666
10.
8277410
V- 193570
;14,667.95
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 30 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 (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 LESSCR, and
(6) at the time the CITY exercises its option to purchase, as provided for herein,
- 2 -
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 obligateq 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'amqunt 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.
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 CITYtS
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 $ 5,733.97 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 $ 15,284.02 and the total consideration df
the rental and subsequent purchase by option of said equipment is the principal
sum of $ 14,667.95 , 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-
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.
PS.
It is understood and agreed by and between the parties hereto as followst
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
same shall not be waived or defaulted except by written waiver of LESSOR, and acaQp-
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.
PSI.
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 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-
Y s
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 manufacturerts 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.
IX.
In this agreement where Vit" is used, 'theft 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 Council, and LESSOR has
caused this agreement to be executed this day of , A -.D. 19_
CITY OF CORPUS CHRISTI, TEXAS
- a
Attests
By
i y Manager
City Secretary
Approveds
Assistant City Attorney
Countersigneess
City Controller
LESSOR
a-
SECTION 2. 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 PURCHASE AGREEMENT WITH NEWMAN -WEST MOTORS COVERING THREE 1 -1/2 TON
DUMP TRUCKS, TWO 1 -1/2 TON FLAT -BED TRUCKS, TWO 3/4 TON PICK -UP TRUCKS, AND
ONE 1/2 TON PICK -UP TRUCKS FOR USE OF THE STREET DEPARTMENT, FOR CONSIDERA-
TION AS SET OUT IN THE SCHEDULE OF PAYMENTS AS FOLLOWS:
TOTAL DOWN -
NET TO TRADE INTEREST PAYMENT PLUS
INTEREST ,
LIST: $17,3$7.04
LESS TRADE -IN 3,542.48 $13,844.56
LESS CASH DOWN 4,500.00 $56o.67 $5,o6o.67
AMOUNT OF LEASE PURCHASE
AGREEMENT $ 9,344-56
SAID CONSIDERATION BEING PAYABLE OUT OF NO. 108 STREET FUND AS HERETOFORE
APPROPRIATED FOR SUCH PURPOSES, ALL IN ACCORDANCE WITH THE TABULATION OF BIDS
ON FILE HEREIN, AND AS MORE FULLY DESCRIBED AND SET OUT AND IN ACCORDANCE WITH
THE TERMS OF SAID AGREEMENT, A COPY OF WHICH 15 ATTACHED HERETO AND MADE A
PART HEREOF, READING AS FOLLOWS:
STATE OF TEXAS
COUNTY OF NUECES
This LEASE ,AGREEMENT made and entered into between the CITY OF CORPUS
CHRISTI, a municipal corporation of Nueces County, Texas, hereinafter called the
CITY and
hereinafter called LESSOR,
W I T N E S S E T H:
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 , A.D. 19_, both date inclusive, the following
equipments
3M azt ohad 2b& ublab in wary a pare A esrof for dwasr'Sptiaa at alto
daltvard; all. View and we wt to trade.
(8N ~ OMM)
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 below:
Date Amount
Dora Paywaat ea+500.00 pine Tat. 0 4%
9 19�, 5-0 �..
en o ve eq Amen 1s
delivered to CITY
12/25 r
19ya $ 6M.28
192L 4.572.28
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.
DwcRnFTIOY SHEET
NS M -MMST MOTORS
Three 1j Ton Dump Trucks, Studebaker 2R16A55, 755" Wheelbase, 102 HP engine;
its placement 245.6 cu. in.; 4 speed Tranudosion; Tires, front - ?s5Os20
8-ply, Dual rear and spare - 7s50a20 10 -p;,y; 45A Generator; Front shocks;
Overload springs; Dual vacua wipers; Dual visor®; Galion steel hydraulic
control Dump body - 3-4 cu. yd.; Undercoat.
Two 1} Ton Flat Bed trucks, Mechanical speciiioatione as above except Body,
'FTattorm Body, Undercoat.
Two 3/4 Ton Pickup Trucks, Studebaker R10, 122" Wheelbase; Displacement 169.6
cu. in; 4 speed Transmdesion; Tires and spare 6:50x16 6-p3v; 40A Generator(DO);
Shooks; 2 Stage Springs; Dual vacum wipara; Dual visor; Undercoat.
One i Ton Pickup Trucks Studebaker R5, 7.1211 Wheelbase, 85 HP engine; Displace-
ment 269.6 cu. in.; 3 speed Traamdasion; Tires 6:50x16,6 -ply; 40A Generator;
Shocks; Dual vaoum wipers; Dual visor; Undercoat.
ITEM
sEP= NO.
MOTOR NO.
1.
October 10, 1952
Na*%N -yEsr MOTORS
2.
RIG -35051
2R- 334313
DM. TO
R10 -35052
1R- 734315
4.
R16A-40651
US8
TYPE
LIST
TRADE -IN
NEC
R16A -40639
4R -51720
Mks
���az
4R -53822
1• Street
} Ton P.U.
51,795.48
#490 - 8550.48
342U.00
2• Street
3/4 Ton
87.,945.78
,#423 - $620.78
$10325.00
3• Street
4+
3 Tau
$1,945.78
#481- $620.78
$19325.00
Street
5.
1 Ton F.B.
$2,100.00
8437- 5272.72
$1,627.28
Street
6:
1 Ton F.B.
$2,700.00
#479 - $222.72
$10877.28
Street
1 Ton Duap
$2,500.00
x'435- $345.00
$2,155.00
7' street
8•
1 Ton Duap
$2,5.00
#449- 8435.00
$2,065.00
street
1 Ton DuV
$2,500.00
#454- $475.00
$2,025.00
AN
ITEM
sEP= NO.
MOTOR NO.
1.
R5 -98014
7R- 3,32930
2.
RIG -35051
2R- 334313
3.
R10 -35052
1R- 734315
4.
R16A-40651
663
5.
R16s -40663
4R -5
6.
R16A -40639
4R -51720
T.
R16A -40640
4R -53822
8.
RIU-40650
4R -51840
54;844.56
i
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 30 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 (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 anall 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 -
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 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 takes 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.
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 CITY'S
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 $_L=b72.� 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 $�j(,� and the total consideration of
the rental and subsequent purchase by option of said equipment is the principal
sum of $ 19-844 -56 , plus interest on the deferred payments subsequent
to the date of this instrument at the rate of #y 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 -
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 LESSORIS option, immediately due
and payable and shall bear interest from such date until paid at the rate of is
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 follower
1. All payments of rentals, or any other payments hereunder shall be
made by CITY to the account of LESSOR, or its order, in
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.
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
andae- 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 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.
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.
s
IX.
In this agreement where nit'l is used, 'thee 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 Council, and LESSOR has
caused this agreement to be executed this day of , A0. 19
Attests
City Secretary
Approveds
Assistant City Attorney
CITY OF CORPUS CHRISTI, TEXAS
By
City Manager
Countersigneess
City Controller
LESSOR
r
SECTION 3. 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 PURCHASE AGREEMENT WITH NEWMAN -WEST MOTORS COVERING ONE 1 1/2 TON
STUDEBAKER PLATFORM TRUCK FOR USE OF THE PARK DEPARTMENT, FOR CONSIDERATION
AS SET OUT IN THE SCHEDULE OF PAYMENTS AS FOLLOWS:
NET TO TRADE INTEREST TOTAL
DOWN PAYMENT
PLUS INTEREST
LIST: s-1,980-00
LESS CASH DOWN
PAYMENT 600.00 $ 82.80 $682.80
LEASE PURCHASE CONTRACT $1,390
SAID CONSIDERATION BEING PAYABLE OUT OF N0. 102 CURRENT FUND AS HERETOFORE
APPROPRIATED FOR SUCH PURPOSES, ALL IN ACCORDANCE WITH THE TABULATION OF BIDS
ON FILE HEREIN, AND AS MORE FULLY DESCRIBED AND SET OUT AND IN ACCORDANCE'WITH
THE TERMS OF SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A
PART HEREOF, READING AS FOLLOWS: '
STATE OF TEXAS
COUNTY OF NUECES
This LEASE AGREEMENT made and entered into between the CITY OF CORPUS
CHRISTI, a municipal corporation of Nueces County, Texas, hereinafter called the
CITY and Newman -Jest Motors ,
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 , A.D. 19 , both date inclusive, the following
equipments
One(only) 12 Ton Studebaker platform truck with stake pockets,
155" Wheelbase, 102 HP, Displacement 245.6 ou in., tires
7s5Ox20 8 -ply front, daal rear & spare, 45 Amp. Generator,
overload springs, front shocks, dual visors, undercoated.
Motor No. 4R- 51862, Serial No. R16A- 40662.
(See Purchase Order #37211E)
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 below:
Date Amount
Down Payment x$600.00, plus interest
@4 � on Balance - x$1,380.00 , 192 682.80
w en 0 o a ove equipment is '
delivered to CITY
ll 115 . 19 53 S6 690.00
11115 , 1954 690.00
It is agreed by LESSOR and CITY that such rentr-ls shall be paid from the
current revenues of CITY for the years in which such payments fall due.
- 4
III.
It is recogniz6d 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 -0 - 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 (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 -
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 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 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.
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 CITY'S
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 690.00 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 $ 2,062.80 and the total consideration of
the rental and subsequent purchase by option of said equipment is the principal
sum of $ 1,980,00 , 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-
LESSOR, at its option and at any time after such default, and after thirty (30)
dayst 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
ti 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 theteof, 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 followsz
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
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; e 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 LESSOR is warranted and guaranteed
and represented to be in fit, sound and workmanlike condition and to conform in all
respects to the manufacturerts 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.
IS.
In this agreement where #it" is used, 11he" 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 Council, and LESSOR has
caused this agreement to be executed this day of , A•.D. 19
CITY OF CORPUS CHRISTI, TEXAS
Attests
By
City Manager
City Secretary
Countersi.gneess
City Controller
LESSOR
Approveds
Assistant City Attorney
SECTION 4. THAT THE .NECESSI TY FOR PROVIDING THE ABOVE PIECES OF
EQUIPMENT FOR USE OF THE VARIOUS CITY DEPARTMENTS IMMEDIATELY CREATES A
PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPEN-
SION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED
FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RE$OLU-
TION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE
MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING RE-
QUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASS-
ED FINALLY ON THE DATE OF ITS INTRODUCTIONS AND TAKE EFFECT AND BE IN FULL `
FORCE AND EFFECT FROM A,NTDD AFTER ITS PASSAGES IT IS ACCORDINGLY PASSED AND
APPROVED, THIS THEDAY OF NOVEMBER, A.D. 1952•
MAYOR
CITY OF CORPUS CHRISTI
EST:
ITY S I TA
APPROVED AS TO LEGAL FORM:
A22Z
CITY A TO NE
r
Corpus Christi, Texas
� 19-!
TO TGE 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 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,
The above ordinance was passed by the following vote:
Leslie Wasserman
I —Ren1{ r- JAI, IImxsny
_Cl-ACFS_ � fln.l
George L. Lowman
y i
Respectfully,
MAYOR
City of Corpus Christi, Texas
The Charter rule was suspended by the
following vote:
Leslie Wasserman
l
"George L. Lowman
1%J,Ka iq.
S. Willi
The above ordinance was passed by the following vote:
Leslie Wasserman
I —Ren1{ r- JAI, IImxsny
_Cl-ACFS_ � fln.l
George L. Lowman
y i