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Home My WebLink About03653 ORD - 02/10/1954AN ORDINANCE NO. 3653 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, FOR ELEVEN II ONE AND ONE -HALF 112 TON DODGE 1954, DUMP TRUCKS, FOR THE PERIOD FEBRUARY I, 195 TO FEBRUARY I, 1956, 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 FRANK HAYDEN MOTORS, FOR ELEVEN (II) ONE AND ONE -HALF (1 1/2) TON DODGE, 1954 DDMP TRUCKS, FOR THE PERIOD FEBRUARY 11 1954 TO FEBRUARY 1, 1956, 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 EQUIP- MENT 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 FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, TH15 THE Iod-AY OF FEBRUARY, 1954. MAYOR THE CI Y OF CORPUS CHRISTI, TEXAS ATTEST: r CITY SECRETARY APPROVED AS TO LEGAL FORM: 7 CITY ATTORNEY N63 STATE OF TEXAS COUNTY OF NUECES This LEASE AGREEMENT made aid entered into between the CITY OF CORPUS CHRISTI, a municipal corporation of Nueces County, Texas, hereinafter called the CITY and Frank NadAlft Motors a hereinafter called LESSOR., W I T N E S S E T H- I. LESSOR has leased, demised and rented, and by these presents does lease, demise and rent to CITY for the period from the itt day of ftbroary 9 A.D. 1954 , to the 18t day of tabrnaTy , A.D. 19 $69 both dates inclusive, the following equipment- As per radodaU att*W" and aada a pwt heraof. It is distinctly and specifically understood that the equipment herein leased and rented by CITY from LESSOR shall be used e-xclusively in the service of CITY, I10 In consideration for the lease and rental of said equipment, CITY promises to pay LESSOR and LESSOR agrees to accept froiin CITY, the following rentals on or before the dates specified below, Tradd -In end a"h dorm pffiYwmt of $8530.83 F11w lntw*wt at 4 ca Vw AW-4shinne balanao of $17061.66. Amount nnterort 4410 "ted at $1A83468. Ftbrm ry 1 9 19 54 , $ 8554.51 OR when 0 of above equipment is delivered to CITY lebraary 19 3,05 8530.83 Febrawy 1, 795' $ 8530.83 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. Frank Hayden Motors Street Cleaning Trade -in List less Lease Quantity Description & Cash Dorm Payment Purchase Interest Three (3) 1 -1/2 ton Dodge 1954 d trucks. Model G6 with 3 yd body and short wheel base. Std generator, left hand sun visor, left hand ext. rear view mirror. Tires: front - 7;50x20 -8ply; rear & spare - 8%25x20- 1Oply. Undercoated. Motor #Fs T1342 -2499, T1342p2668, TX342 -2716- Trade -in as follows: b 608 Dodge 1942 Motor #T118 -76227 Street M C Two (2) 1 -1/2 ton Dodge 1954 dump trucks with 314 yd dump bed. (Same description as on the above.) Motor #Is TX342- 26918, T1342 -2662. Trade -in as follows: 75.00 2326.59 # 488 Intl 1948 Cash Down Payment 700.53 775.53 1551.06 93.06 r' 609 Dodge 1942 Cash Down Payment 625.53 775.53 1551.06 Motor #MB -76259 75.00 2326.59 Cash Dorm Payment 700.53 775.53 1551.06 93.06 # 610 MC 1946 1551.06 93.06 Six (6( 1 -112 ton Dodge 1954 dry Motor #23620975 100.00 2326.59 Cash Down Payment 675.53 775.53 1551.06 93.06 Totals 2326.59 4653.18 4653.18 279.18 Street M C Two (2) 1 -1/2 ton Dodge 1954 dump trucks with 314 yd dump bed. (Same description as on the above.) Motor #Is TX342- 26918, T1342 -2662. Trade -in as follows: # 488 Intl 1948 Motor #GRD233- 226253 150.00 2326.59 Cash Down Payment 625.53 775.53 1551.06 93.06 # 489 Intl 1949 Motor #GRD233- 215270 200.00 2326.59 Cash Down Payment 575.53 775.53 1551.06 93.06 Six (6( 1 -112 ton Dodge 1954 dry trucks (as above). Motor #'s T1342- 2678,71342 -2669 T %342- 2657,TS342 -2661 T1342- 2707,TI342 -2733 (Each - 2326.59) - 13959.54 Cash Dom Payment 4653.18 4653.18 9306.36 558.38 Totals 6204.24 12408.45 12408.48 744.50 Grand Totals 8530.83 17061.66 17061.66 1023.68 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 30 days after the execution -i of this agree- ment. With reference to the above equipment that is delivared,4Ton 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, $nd (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 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. 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 CITYaS 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 LESSCR in cash of the sum of $ 26,616.17 on or before the expixatkon 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 $ R-Kae_A,�� and the total consideration of the rental and subsequent purchase by option of said equipment is the principal sum of $5592:69 ,, plus interest on the deferred payments subsequent to the date of this instrument at the rate of L 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 a_o—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 CITYsS part in keeping or performing any of the terms, covenants, agreements or conditions contained in this lease shall authorize -3m LESSOR, at its option and at any time after such default, and after thirty (30) dayst written notice to CITY, to declare this lease terminated and to repossess said equip - went 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 , Sts�AMVMF --- 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. 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, oom dt 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 worlmanlike 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 nit" is used, "he" 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, TEXAS Attests By City Manager City Secretary Countersign ' 21 Citron roller Ale OR Approveds City Attorney CORPUS CHRISTI, T��EXAAS TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING-"DINANCE, 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 T}HE DATE IT IS INTRODUO£U, 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 PA35 THIS ORDINANCE FINALLY ON THE DATE IT 13 INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, AYOR CITY OF COR 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 ELLRDY KING P. C. CALLAWAY JAMES S. NAISMITH 2 W. JAMES BRACE 5s 3