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Home My WebLink About03634 ORD - 01/06/1954AN ORDINANCE NO. 3634 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A LEASE - PURCHASE AGREEMENT WITH LEWIS BOGGUS MOTORS, INC., FOR ONE (1) 1/2 TON FORD 1953 PICKUP AND NINE (9) FORD 1953 MAINLINER FOUR - DOOR SEDANS, FOR THE PERIOD DECEMBER 15, 1953 THROUGH DECEMBER 15, 1955, FOR AND IN CONSIDERATION OF THE FEES AS SCHEDULED THEREIN, ALL IN ACCORDANCE WITH 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, 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 Lewis Boggus Motors, Inc., for one (1) 112 ton Ford 1953 pickup and nine (9) Ford 1953 Mainliner four -door sedans, for the period beginning December 15, 1953, through December 15, 1955, for and in consideration of the fees as scheduled therein, all in accordance with said agreement, a copy of which is attached hereto and made a part hereof. SECTION 2. That the necessity of immediately obtaining such 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, having declared such emergency and necessity to exist, having requested 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 full farce and effect from and after its passage, IT IS ACCORDINGLY PASSED AND APPROVED, This the day of January, 1954. MAYOR u _ THE CITY OF CORPUS CHRISTI, TEXAS ATTEST:, / City Secretary APPROVED AS TO LEGAL FORM: City Att`orney,;' �� STATE OF TEXAS COMITY OF NUECES This LEASE AGREMvMT made aid entered into between the CITY OF CORPUS CHRISTI, a municipal corporation of Nueces Count7,-, Texas, hereinafter called the CITY and L040 Down 0"*y 2M. hereinafter called LESSORa W I T N E S S E T Hs I. LESSOR has leased,, demised and rented, and by tjeP,,e presents does lease, demise and rent to CITY for the, period from tho 3A4 day of AOW*W —a A.DFl 1g , to the ' clay of WON&W A.D. X 55, both dates inclusive, the following equipment-. As VW sobaftU attalbod =d MMMa•' rbW*Wr It is distinctly and specifically 'understood that the equipment herein leased and rented by CITY from LESSOR shall be used era ludirely in the service of CITY . IIo Izn consideration for the lease and rental, of said equipment, CITY prom?r;F�d to pay LESSOR and LESSOR agrees to accept frog CITY the folliawirg rentals on or before the dates specified below. Jn " 000 doft POO" Of �,W -99 PbW SAW"t as b$ Mn $10 dJWAdd 0 #U163-54- U* "10"%*d at $ �� l ounto 35 l953 �asi OR rheas O of above equipment 11 delivered to CITY 159 1955 It is agreed by LESSOR aad CITY that such, :rentals shall be paid from the current revenues of CITY for the years in which such payments fall due. iAw-'s Bogguz 1"Otors, 31no. Gity Trade-in 1"t less L"" S cash Down Payment mvdmse Interest Ong (11 0' 1/2 ton Ford 19953 F100 'Picimp Al'l steal boay. 'Aul visors, I R.. fcrr_r. Ti-rest 6j5Dmv-_6pjY and sore. Motor 01OD30 -27591 with L6000-)Wvills AC generators. last Trade-in #1304 - l/2 ton 19ho Fick'uP- Motor #5250217 25.00 1335.14 Cash Dow, psr�wnt 436.71 461.71 923.43 55.40 Totals 461.71 923.h3 923-L-3 55.40 Police yy ror(� 1953 wnliner cyl) I 'Xi x i6 POW door. O&dap_, 1;1t"' leace- 59.91 '4eyA-u Ic Q AV 998.76 Nal. vitmrs. ;-iirrar. F. 00.00 Tireas 60OX154 pli a lsgarea. 59.51 -Or v '110 t "Is A 3DO 195612., A3=95923., 3DG195T32, _A31V19, 692, A3DZ3.959C9. Trade-in as tollowst 5oo.00 5" Dodge 1944 Hotor i-aF,-45'aMs 15o. Y) ash Down Pa�mwnt 350.,-A) J Do� 19419 i1otor , 3 -7- AG Cash Down ps,7mgmt, 2a- Ford 1949 kitr Ito.= Cash Dovm 7- t, 34o.00 4' 62 Dodge 1949 'Ar D30-?2634.1 175.M Gash Dam = aymartt 325-oo kal Ford 194-6 Mtr 99A-11.116514 Cash '.J;�n ays ent Wmo Totals 25cri.00 Three (3) Forl 1953 �Ainliper (6 cyj) Fo1v 110or .13edarp as abz ve (Each - 1 33.W) Ar. A31X119.5139, A3TDGlW,-A,4, i_ 0vu pvant 144 _O Police - Total* 4033.40 149'%711 'Xi x i6 593-7; 59.91 t56 500.00 998.76 59.91 F. 00.00 990.7`1 59.51 500.00 1W.76 998.76 59.91 5oo.00 4993.54 1093. PO 306c. PO Liter 2nicl One (1) Ford I853 Mainllaerr (L-1 oyl) as above. Mtr ULG295914 V;v'. 7 cash Dov.', Fey 'Aant ?475. 0 475.00 1022.76 42 Totals 475.00 1023.76, IW3.76 . A.43 low" nowus)'Otwe, Inc. page Cgpl' l pt�tt ;r Ids �$ t13 Ford 1953 noo. 1 ri",, aua2 tr44", $.Y. X1379r, standard jai' #tor. Tired t 6; � and agars. Xtr ��'1 AA 2782; Rinds -in #913 1942 Ford See= Rotor T lz- -68UI4 5D.OD 1283.42 Cash DwAn r sst 377.W 427.80 Totals h27.W --�55.62 955.62 51,33 ne (1) fm'd 1953 Mainliner S b, Foxw door (Fa cyl), wtand*rd. gKwator, 2 Viows, 2 wipers,, F.V. = mirror. T: fts and 8paret 17045 -4 p%p. motor �_-",3 g1930gj - 1350.25 �iaBF'L ")Ovn PAYM It 45U. Q'� —0-0-06 .06 M.17 5+4.00 'tows '`o.II'; 900.17 !x.17 51.00 Qraud Tot as 5 7.91 U70.50 i-",3.50 U763.5-31 705. ?l 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 binds itself that as to that portion of the equipment not immediately delivered to CITY that it will forth- with 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 estimated that total delivery . hereunder can be effected within days after the execution- of this agree- ment. With reference to the above equipment that is delivnreduupon the effective date of this agreement, the CITY accepts such equipment in the condition 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 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 shall 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 exercises its option to purchase, as provided for herein, CITY agrees and obligates itself to - 2 - execute all necessary and proper exemption certificates or_ all Federal excise taxes paid by LESSOR and if within W days after the purchase by the CITY of the equipment herein leased and rented by CITY from LESSORS 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 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 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 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 a:quisition of title to said equipment as so computed is and the total consideration of the rental and subsequent purchaser cpdion of said equipment, is the principal sum of L plies interest on the deferred payments subsequent to the date of this instrument at the rate of h percent per annum from that data until. paid. Upon exercise of the option and payment of the purchase price upon the terms and within the time afore- said, 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 hersinabove 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 equip- ment 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 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 herein, a reasonable attorney's fee. VI. It is understood and agreed by and between the parties hereto as followso 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 instrument 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 acceptance of rent shall not be construed as such waiver. 3. A holding over after the termination of this lease stall not renew or extend the same, but shall constitute CITY a tenant or possessor 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 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 shaould exercise its option to purchase the equipment specified herein, the CITY shall have no :right to purchase only a part of said equip- ment 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, "hen shall apply in the proper instance. IN TESTIMONY WHEREOF, the CITY OF CORPUS CHRISTI has caused this lease agree- ment to be signed by its City Manager, countersigned by its City Controller and attested by its City Secretary, with its corporate seal affixed thereto, pursuant 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, TEAS Attests By City Manager City Secretary Countersign eery� City Controller Ti �• Approveda City Attorney CORPUS CHRISTI, TEXAS r• TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: 1953 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 RE 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 15 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: A. A. LICHTENSTEIN ELLROY KING P. C. CALLAWAY r JAMES S. NAISMITH W. JAMES BRACE THE ABOVE ORDINANCE WAS PASSED BY THE r FOLLOWING VOTE: A. A. LICHTENSTEIN ELLROY KING P. C. CALLAWAY JAMES-%. NAISMITH W. JAMES BRACE y U Ctp