HomeMy WebLinkAbout03405 ORD - 01/27/1953AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER FOR
AND ON BEHALF OF THE CITY TO EXECUTE A LEASE
PURCHASE AGREEMENT WTH BOEHCK ENGINEERING CO.,
INC., COVERING ONE (ONLY) JACKSON VIBRATOR —
COMPACTOR, AS MORE PARTICULARLY DESCRIBED
THEREIN FOR AND IN CONSIDERATION OF $1,850.00
('$600.00 INITIAL DOWN PAYMENT AND $1,250.00
DEFERRED PAYMEDM PLUS 4 %, BEING $675.00 ON
THE DIMINISHING BALANCE, SAID AMOUNT TO BE
PAID FROM NO. 108 STREET FUND. CODE XD, IN
ACCORDANCE VITH THE TERMS OF SAID AGREEMENT,
A COPY OF *HCH 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. 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 Boehek Engineering Company,
Inc. covering one (only) Jackson Vibrator — Compactor for use of the Street
Department as more particularly described in the attached lease purchase
agreement, for and in consideration of payment as follows:
Purchase Price $1,650.00
Less Down Payment 600.00 plus 4% interest $675.00
Deferred Payments $1.250.00 $1275.00
said payment to be made out of No. 108 Street Fund. Code XD, in accordance
with the terms and conditions of said agreement, a copy of which is attached
hereto and made a part hereof.
SECTION 2. That the necessity of immediately providing the
aforesaid equipment for use of the street department 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, declaring such
emergency and necessity to exist, having requested the suspension of the
Charter rule aforesaid, and that such ordinance be passed finally on the date
3 y o 5
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 o? j2f day of January, A. D. 1953.
C
MAYO
CITY OF CORPUS CHRISTI, TEXAS
((:EST:
City Secretary
APPROVED AS TO,LEGAL FORM.
City Attorney
COR, °US CHY1371, TEXAS
TO THE t4EM8ER5 OF THE C9TY CDUNC9L
CORPUS CHRISTI, TEXAS
GENTLEMEN-
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FDR THE SUSPEN°
SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL
BE PASSED FINALLY ON THE DATE IT 15 INTRODUCED, OR RE
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,
MA YOR '
CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES
LESLIE WA55ERMAN v
FRANK E. WILLiAMSON
JACK DEFORREST
GEORGE L. LOWMAN
DIKE A. NEEDHAM, JR
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE.
LESLIE WASSERMAN
FRANK E. WILLIAMSON
JACK DEFORREST
GEORGE L. LOWMAN
MIKE A. NEEDHAM, JR ae
3 'f a S
U V
P
STATE OF TEXAS �
COUNTY OF NUECES
This LEASE AGRMIENT made and entered into between the CITY OF CORPUS
1.
CHRISTI, a municipal corporation of Nueces County, Texass hereinafter called the
CITY and Boehck Engineering Co., Inc.
s
hereinafter called LESSOR,
W I T N E S S E T H a
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 - Jackson Vibrator - Compactor with portable power plant.
Pneumatic tired model with towing device.
Vibrator Serial # C= 1370; -; - Vibrator T otor No. 5)590
Ehgine Compactor# 1987008
Generator # 59676
Uillt '.ierlal it 602j0
(3ee P. 0. 37213 -L;)
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
Cash Payment ;j600 -.00
Plns Tnt. i gn 401.250.00 s 19 675.00
OR whan 1�0% o`aoove equipment is
delivered to CITY
625.00
19-514 $ 625.00
it is agreed by LESSOR and CITY that such rentals shall be paid from the
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 thersofl in this connection, it in esti-
mated that total delivery hereunder can be effected within 15 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 ita 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 rpiace any of said equipment which is so taken, lost or destroyed, and
a registration of 'license fee is required by the State of Texas then the
CITE .rwll.t•e liable for the payment of such fee and in the event such a registra-
tio:a cir 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 ron .11 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 aaid 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 lass 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 ^tun of $ 625.00 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 $ 1,925.00 and the total consideration of
the rental, and subsequent purchase by option of said equipment is the principal
sum of ,p��1,,f350.00 , 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 t,1, CITY such instruments or evidences of title to said equipment as may be
never -se.ry cr Tlruer to vest good title thereto in CITY.
V.
Default on the part of CITY in paying said rent or any installment thereof,
a: heme?nabcvp provided, or default on CIM S part in keeping or performing any of
the ternisq ccvenaril,a, 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 CITY2 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 followss
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 pro�,.ded, shall and may peaceable and quietly have, hold and enjoy possession
ar•_.. of said leased equipment for the term aforesaid, and (2) that it will defend
CIT" 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 -- the ;eased equipment or any of it during the entire term of this lease.
4 m
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 manufactureres 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 ritil 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 , A.D. 19
gtteste
City Secretary
Approvedo
p€ distant City Attorney
CITY OF CORPUS CHRISTI, TEXAS
By_
City Manager
Countersigneess
City Controller
3 go5
LESSOR