HomeMy WebLinkAbout03652 ORD - 02/10/1954•
AN ORDIWINCE NO. 3652
AUTHORIZING AND DIRECTING THE C 1 TY MAN r =.GER FOR ;' %ND
ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE
LE " \SE- PURCHASE AGREIDIENT `:'11TH LEWIS BOGGUS MOTORS
INC. FOR ONE 1 ONE -HALF 1O11 PANEL - FORD - 25L,_
FOR THE PERIOD FE3RU RY 1, 195 TO FEBRURY 1, 195 ,
FOR AND IN CONSIDER,%TION OF THE FEES 1S SCHEDULED
THEREIN, :',LL IN ACCORD ANCE 4J I TH SAID 21GREEMENT, :_. COPY
OF WHICH IS `MT CHED HERETO ,ND :,!,"DE PART HEREOF;
AND DECL ^,RING ANJ EMEP.GENCY.
SE IT ORD.INED 8Y THE CITY COUNCIL OF THE CITY OF COIRI US CHRISTI,
T ... .
SECTIO;I 1 . THAT TIIE CI TY 1lAiNAG-ER LE, AND HE IS II'EREBY AUTHOI'.I LED
i
AND DIRECTED FOP. AHD CN .:EHALF u;' .1 PIE CI T`t OF CGRPU S'CHR!STI TO EXECUTE A
L =ASE- PURCHASE ..GRC[t4ENT IJIT; -F` IS BIiG,GUS hvTCiRS, IHC., FDR OHE
TON PAI,, - F'co - 1;5 1, FCR THE PERIOD i- ERUARY 1, 1954 TO r.= ^nUAR1' 1, 1956,
POR AND 1!d CG!- ISIDERATIO'. THE -EE3 AS SCH'EDUL -D THLREIf!, AL'. IN ACCORDANCE
WIT!: SAID AGRCEi;LINT, A COPY OF 1JI`,I CFI IS ATTACHED HLRETJ AND MADE A PART HEREOF.
5ECTIOIII 2. THAT THE NECESSITY Or' IMMEDIATELY OBTAINING SUCH EQUIP-
MENT FOR USE OF THE VARIOUS CITI' DEPARTNEHTS CREATES A PUBLIC EIAERGENCY AND AN
IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT
N'. 1RDINANCE OR RESOLUTION SHALL dE PASSED FINALLY ON THE DATE OF ITS INTRODU'CTIC11
AND THAT SUCH ORDIPV/AHCE OR RESCI -IT1ON SHALL FEE READ AT THREE SEVERAL MEETINGS OF
THE CITY UNCIL, AND THE 1%IAYOR, HAVING DECLARED SUCH EHIERGENICY AND NECESSITY
TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND TEAT THIS
OP.DIkAIICE SE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION APID TAKE EFFECT AND
BE IN F4L1- FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT 15 .ACCORDINGLY PASSED
4,1D APPROVED, THIS THE Q AY OF FEBRUARY, 19511.
J.
MAYOR
THE CI OF CORPUS CHRISTI, IEXr';S
/ AT TEsy
CI -T"'- SEC RE TAR
L
APPROVED AS TO LEG:`.L FORM.
s
CITY ATTORNEY /
STATE OF TEXAS
COUNTY OF NUECES
This LEASE AGREEMT made aid entered into between the CITY OF CORPUS
CHRISTI, a municipal corporation of Nueces County,, Texas,, hereinafter called the
CITY and akwa imm, `im s�
hereinafter called LESSOR,,
W I T N E S S E T M
I,
LESSOR has leased,, demised and rented, and by these presents does lease,,
demise and rent to CITY for the period from the Ut day of February 9 A.D.
19 54, to the 14 day of FWnVU7 __9 A.Da 19 %.9 both dates inclusive,, the
following equipment-.
(1) I% toll Pouf
owl" MMMW Flt? lei U x.
SS W11ndarp standaM GenarsUM1 d"I vW. V1 P,*
loft bead visor, row view wArmr, =davooted.
4UW# flvonts rosr and spare 6#00W-4 ply. • $ 1395.60
rear " �tr 8g03gaM4rt No. 917
1917 Tr wk • Motor No. 63, h �.« X)600
Not to Trade "k 1365.t10
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.
IIo
In consideration for the lease and rental.of said equipments CITY promises
to pay LESSOR and LESSOR agrees to accept from CITY the following rentaLs on or before
the dates specified below -.y
Trade -in sod Cash down payaant of $Ik,.20 p%r Interest at
h% on the ,�i.,i�„ b4,s" of 0930.La. Jhterest
calculated air 5�.?F3. Amount,
February 1 19 54 � 52xe03
OR when O of above equipment is
delivered to CITY
F"rary+1 s 19j
> Lia.gL3
February 1 9 19 5tw;.2Ci
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 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 3D days after the executi @n-_ of this agree-
ment.
With reference to the above equipment that is deliveredutipon 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 shal] 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, Ond (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 on all. Federal Excise Taxes
paid by LESSOR and if within 30 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 theretofore paid
by the CITY to LESSOR.
17.
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 CITYBS 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 $ 1451jo on or before the expiration date of this leases 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 $ W20 and the total consideration of the rental and subsequent .
purchase by option of said equipment is the principal sum of 8 �•±_ p plus
interest on the deferred payments subsequent to the date of this ir_stniment t 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 term, al. within the t'm.e
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 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
m3s
r
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 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 dealerrs office
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 shall not renew
or extend the same, but shall constitute CITY a tenant or possessor of said equipment
at sufferance.
VIZ.
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.
IX.
In this agreement where Nita is used, nhe" shall apply in the proper
instance.
IN TESTIMONY WHEFLFLF, 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, TEXAS
Attest- By
City Manager
City Secretary
Countersigneesg
City Controller
Approved-,
City Attorney
CORPUS CHRISTI, TEXAS
4t'o.�0,19
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
GENTLEMEN:
FOR THE REA -SONS SET FORTH IN THE EMERGENCY CLAUSE OF
THE FOREGOING -0RDINANCE, 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 REQUIREMENT AND PASS THIS
ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT
MEETING OF THE CITY COUNCIL.
RESPECTFULLY,
1
MAYOR -
CITY OF CO US CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE
FOLLOWING VOTE:
A. A. LICHTENSTEIN
ELLROY KING
P. C. CALLAWAY
JAMES S. NAISMITH
W. JAMES BRACE
THE ABOVE ORDINANCE WAS PASSED BY THE
FOLLOWING VOTE:
A. A. LICHTENSTEIN
ELLROY KING
P. C. CALLAWAY
JAMES S. NAISMITH
W. JAMES BRACE