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HomeMy WebLinkAbout03497 ORD - 07/08/1953TEXAS: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER -FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A LEASE- PURCHASE AGREEMENT WITH FRANK HAYDEN MOTORS COVERING ONE (1) 2 -TON DODGE TRUCK FOR AND IN CONSIDERATION OF $2,782.19 (DOWN PAY- MENT OF $605.72 TRADE -IN ALLOWANCE ON ONE (1) FEDERAL TWO- TON CAB AND CHASSIS, ENGINE NO. 1696371, SANITATION DEPART- MENT EQUIPMENT N0. 577, AND AN ADDITIONAL $123.19 DOWN PAY- MENT, BEING THE 4% INTEREST ON THE DIMINISHING BALANCE OF $2,659.00) LEAVING A DEFERRED PAYMENT OF $2,053.28, SAID AMOUNT TO BE PAID FROMNO. 102 CURRENT FUND IN ACCORDANCE WITH THE TERMS OF SAID 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 FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI BE, AND HE 15 HEREBY, AUTHORIZED AND DIRECTED TO EXECUTE A LEASE- PURCHASE AGREEMENT WITH FRANK HAYDEN MOTORS COVERING ONE (1) 2 -TON DODGE TRUCK FOR AND IN CONSIDERATION OF $2,782.19 (DOWN PAYMENT OF $605.72 TRADE -IN ALLOWANCE ON ONE (1) FEDERAL TWO -TON CAB AND CHASSIS, ENGINE No. 1696371, SANITATION 11 DEPARTMENT EQUIPMENT N0. 577, AND AN ADDITIONAL $123.19 DOWN PAYMENT, BEING THE 4% INTEREST ON THE DIMINISHING BALANCE OF $2,659.00) LEAVING A DE- FERRED PAYMENT OF $2,053.28, SAID AMOUNT TO BE PAID FROM N0. 102 CURRENT FUND IN ACCORDANCE WITH THE TERMS 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 VARIOUS CITY DEPARTMENTS 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 OF ITS INTRO- DUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE p DAY OF JULY, 1953. ATTEST• Y / 1 " l CIT- ('S_ECRETARY G // APPROVED AS TO LEGAL FORM: CITY ATTORNEY 2 / qq MAYOR THE CITY OF COR US CHRISTI, 4XAS STATE OF TEXAS COUNTY OF NUECES THIS LEASE AGREEMENT MADE AND ENTERED INTO BETWEEN THR CITY OF CORPUS CHRISTI, A MUNICIPAL CORPORATION OF NUECES COUNTY, TEXAS, HEREINAFTER CALLED THE CITY AND FRANK HAYDEN MOTORS , HEREINAFTER CALLED LESSOR, WITNESSETH: LESSOR HAS LEASED, D €MISED AND RENTED, AND BY THESE PRESENTS DOES LEASE, DEMISE AND RENT TO CITY FOR THE PERIOD FROM THE 26 DAY OF JUNE, A.D. 1953, TO THE 26 DAY OF JUNE, A.D. 1955, BOTH DATE INCLUSIVE, THE FOLLOWING EQUIPMENT: DODGE, 1953, MODEL H -170, CAS & CHAS3I4 TRUCK, WHEELBASE 170^ (CAB TO REAR AXLE 102 "), G. V. W. 16,000 LOS., 6- CYLINDERS, ENGINE HP 118 AT 3600 RPM, DISPLACEMENT 250.6 cu. IN.M TORQUE 210 FT. LOS. AT 1200 RPM, 4 -SPEED TRANSMISSION, TIRES 825/20 10-PLY WITH SPARE, 1 -OT. OIL BATH AIR,CLEANER, DELUXE REPLACEABLE ELEMENT OLL FILTER, HEAVY DUTY 45 AMP. GENERATOR, HYDRAULIC BRAKES WITH BOOSTER, NO SHOCK AB- SORBERS, OVERLOAD SPRINGS, DUAL VACUUM WINDSHIELD WIPERS, ONE LEFT SUN VISOR, TWO LONG -ARM ADJUSTABLE REAR VIEW MIRRORS, UNDERCOAT, FISH PLATING. MTR. #T316- 67511E SERIAL 1 82618150 LEASE PURCHASE AGREEMENT LESS TRADE -IN CITY EQUIPMENT %5577,1950 MODEL FEDERAL TWO -TON TRUCK, ENGINE N0. 1696371, LICENSE NO, XC -3929. IT 13 DISTINCTLY AND SPECIFICALLY UNDERSTOOD THAT TH €EQUIPMENT HEREIN LEASED AND RENTED BY CITY FROM LESSOR SHALL BE USED EXCLUSIVELY IN THE SERVICE OF CITY. 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: 6 -26 -53 LATE AMOUNT FLUB INTEREST $123.19 TRADE -IN DOWN PAYMT. $. .72/ , 19 $ 728.91 UR WHEN OF ABOVE EQUIPMENT IS __, DELIVERED TO CITY JUNE 26 , 1954 $ 1027.28 JUNE 26 , 1955 $ 1026.00 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. Ili. 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 EQUIPMENT MAY NOT BE DELIVERED ON SUCH DATE, BUT LESSOR AGREES AND BIRDS 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 05 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 ESTIMATED THAT TOTAL DELIVERY HEREUNDER CAN BE EFFECTED WITHIN 5 DAYS AFTER THE EXECUTtdN,'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 CONDITION IN WHICH IT 18 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 HERETO THAT THE CITY WILL HAVE A REASONABLE TIME AFTER THE DELIVERY OF SUCH EQUIPMENT TO DETERMINE WHETHER TO ACCEPT OR REJECT SAME. LESSOR SHALL NOT BE OBLIGATED 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 SMALL BE NO ABATEMENT 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 REGISTRATION 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 EXERCIXES ITS OPTION TO PURCHASE, AM 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 60 DAYS AFTER THE PURCHASE BY THE CITY OF THE EQUIP- MENT 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 IT- SELF TO PAY TO LESSOR THE FULL AMOUNT OF SAID FEDERAL EXCISE TAXES, PROVIDED, HOW- EVER, 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 -2- CITY THE AMOUNT OF SAID FEDERAL EXCISE TAXES SO REFUNDED BY THE FEDERAL GOVERNMENT TO LESSOR AND THERETOFORE 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 1.8 NOT IN DE- FAULT IN ANY OF ITS OBLIGATIONS UNDER THIS LEASE, THIS OPTION MAY BE EXERCISED BY CITY'SGIVING NOTICE IN WRITING TD 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 P 1026.00 ON OR BEFORE THE EXPIRATION DATE OF THIS LEASE. THERE SHALL BE DEDUCTEDyHOWEVER, 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 $0 COMPUTED IS $ 2782.19 AND THE TOTAL CONSIDERATION OF THE RENTAL AND SUBSEQUENT PURCHASE BY OPTION OF SAID EQUIPMENT 15 THE PRINCIPAL SUM OF $ 2782.19 , 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 EVIDENCE$ 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 PER- FORMING ANY OF THE TERMS, COVENANTS, AGREEMENTS OR CONDITIONS CONTAINED IN THIS LEASE SHALL AUTHORIZE LESSOR, AT ITS OPTION AND AT ANY TIME AFTER SUCH DEFAULT, AND AFTER THIRTY (30) OAYS'�.WRFTTEN NOTICE TO CITY, TO DECLARE THIS LEASE TERMI- NATED AND TO REPOSSESS SAID 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 SMALL 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 TNEREO[F, 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 T 1 PROVIDED FOR HEREIN, A REASONABLE ATTORNEY'S FEE'.. as IT IS UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWSI I. ALL PAYMENTS OF RENTALS, OR ANY OTHER PAYMENTS HEREUNDER SHALL BE MADE BY CITY TO THE ACCOUNT OF LESSOR, OR ITS ORDER, IN STATE NATIONAL BANK, CORPUS CHRISTI, TEXAS. 2. THIS LEASE CANNOT BE CHANGED, VARIED OR EXTENDED EXCEPT BY INSTRUMENT IN WRITING SIGNED BY LESSOR AND CITY, AND FAILURE TO EXERCISE THE OPTION OF FOR- FEITING 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 ACCEPTANCE 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,POSS.ESSOR OF SAID EQUIPMENT 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 DEF ®ND 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. 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. _I; _ 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 "IT" iS USED, "HE" 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 B "( 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. 1953. DCITY OF CORPUS CHRISTI, TEXAS ATTEST: BY CITY ANAGER CITY SECRETARY APPROVED AS TO LEGAL FORM: COUNTERSIGNEES: CITY ATTORNEY CITY CONTROLLER /S% FRANX HAYDEN MOTORS LESSOR /8/ Fs A. HAYDEN PRESIDENT -5 JULY 6. lgq3„ I CERTIFY TO THE CITY COUNCIL THAT THE MONEY REQUIRED FOR THE CONTRACTS AGREEMENTS OBLIGATIONy OR EXPENDITURE CONTEMPLATED IN THE ABOVE AND FOREGOING ORDINANCE 15 IN THE TREASURY OF -THE CITY OF CORPUS CHRISTI TO THE CREDIT OF N0. 102 CURRENT FUN) FUND FROM WHICH IT IS PROPOSED TO BE DRAWN, AND SUCH MONEY 15 NOT APPROPRIATED FOR ANY OTHER PURPOSE. APPROVED /- 4' 5'3 DIRECTOR OF FINANCE • CITY CONTROLLE i , CORPUS CHRISTI, TEXAS 1953 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 SUSPENSION 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 R- EQUIREMENT 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 CH ISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: A. A. LICHTENSTEIN 111 ELLROY KING P. C. CALLAWAY ttt[[[ - - -/\ JAMES A. NAISMITH W. JAMES BRACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: A. A. LICHTENSTEIN E LLROY KING P. C. CALLAWAY ' J JAMES A. NAISMITH W. JAMES BRACE 3q9-�