HomeMy WebLinkAbout03357 ORD - 11/28/1952AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON
BEHALF OF THE CITY TO EXECUTE A LEASE PURCHASE AGREE-
MENT WITH HI -WAY MACHINERY COMPANY COVERING ONE ONLY
CASE MODEL VAI PNEUMATIC MOUNTED TRACTOR WITH SIX FOOT
SICKLE MOWER, FOR USE OF WEED CONTROL, FOR AND IN CON-
SIDERATION OF $1,- , OF WHICH SUM $575 IS CASH DOWN
PAYMENT, $72.00 IS 4 INTEREST ON THE DIMISHING BALANCE,
AND $1,200 IS DEFERRED PAYMENTS, TO BE PAID OUT OF NO. 102
CURRENT FUND XD (WEED CONTROL), IN ACCORDANCE WITH THE
THE TERMS AND PROVISIONS OF THE LEASE PURCHASE AGREEMENT,
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:
SECTION 1. THAT THE CITY MANAGER BE, AND HE-13 HEREBY, AUTHORIZED
AND DIRECTED FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A
LEASE PURCHASE AGREEMENT WITH HI -WAY MACHINERY COMPANY COVERING ONE ONLY CASE
MODEL VAI PNEUMATIC MOUNTED TRACTOR WITH 6 FOOT SICKLE MOWER, SAID TRACTOR
BEING SERIAL No. 5750280, ENGINE N0. 73GO0303 AND SAID MOWER BEING SERIAL N0.
1685, FOR USE OF THE WEED CONTROL DEPARTMENT, FOR AND IN CONSIDERATION OF
$.1,847, OF WHICH SUM $575 IS THE CASH DOWN PAYMENT, $72 IS THE INTEREST ON
THE DIMISHING BALANCE, AND $1,200 IS DEFERRED PAYMENT, TO BE PAID OUT OF
NO. 102 CURRENT FUND XD (WEED CONTROL), ALL IN ACCORDANCE WITH THE TERMS AND
PROVISIONS OF SAID LEASE PURCHASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERE-
TO AND MADE A PART HEREOF.
SECTION 2. THAT THE NECESSITY OF IMMEDIATELY PROVIDING SUCH CITY
DEPARTMENT WITH SAID EQUIPMENT CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE
PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDI-
NANCE 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 AND NECES-
SITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT
THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH
ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE,
IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE DAY OF ,
A.D. 1952.
MAYOR '
A�TE CITY OF CORPUS CHRISTI, TEXAS
CITY SECRETARY
APP R ED AS TO GAL FORM: e��
CITY ATTOR EY ✓ ✓✓ !!!
Corpus Christi, Texas'
s1R�
TO THE 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,
Respectfully,
MAYOR
City of Corpus Christi, Texas
The Charter rule was suspended by the following vote:
Leslie Wasserman
Jack DeForrest
r
George L. Lowman
Frank E. Williamson
./r
The above ordinance was passed by the following vote:
Leslie Wasserman
Jack DeForrest
rn°aeg % ►Je�.�.
George L, Lowman
Frank E. Williamson
STATE OF TEXAS
COUNTY OF NUECES
This LEASE AaRFRtENT made and entered into between the CITY OP CORPUS
CHRISTI, a municipal corporation of Nueces County, Texas, hereinafter called the
CITY and HI-Way 1kchinery Cor$xuW
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
(1) Caen !model vai pneumatic mounted tractor with 6 ft. ciold mover - VAI-6.
4 orlu der Oasoltne engines 24 HP a 2425 spell 4 speed lramadsssan, electric
starting and lights, Tina 6006 4yp7.v front, 9#00x24 scar. •Rotsble cotter
bar (20 range), varw" cuctim ands (235° range), 4&sulio controls.
Tractor 0 seriai 575028o
%war � e8ia 2 303
It is distinctly end specifically understood that the equipment herein
leased and rented by CITY from LESSOR shall be used exclusively in the service of
CITY.
I2.
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 Amoutlt
Down Pmt. of #575,00,01no rat. d 4% MOD , � 647.00
OR when above equipment s
delivered to CITY
Nov.. 1 1853 g 60(600
Nov. 1 , 1954 $ 600.00
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*
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, subjeot 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
r
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 _$
days after the purchase by the CITY of the equipment herein leased and rented
by CITY from LESSOR, LESSCR 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 600.00 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 $ 1*647.00 and the total consideration of
the rental and subsequent purchase by option of said equipment is the principal
sum of $ 4775.00 , 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.
Y.
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-
LESSOii, 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
same shall not be waived or defaulted except by written waiver of LESSOR, and acoep-
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 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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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,
l7.
In this agreement where "itn is used, "hen 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.Contftl: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
caused this agreement to be executed this day of , A.D. 19—.
Attests
ity Secretary
Approved:
Assistant City Attorney
CITY OF CORPUS CHRISTI, TEXAS
By
City Manager
Countersigneess
City Controller
LESSOR
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