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HomeMy WebLinkAbout03665 ORD - 02/17/1954TEXAS: AN ORDINANCE NO. 3665 "UTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON 7HALF F THE CITY OF CORPUS CHRISTI TO EXECUTE A LEASE - PURCHASE AGREEMENT WITH INTERNATIONAL HARVESTER COMPANY, C©RPUS CHRISTI, TEXAS, FOR ONE 1 1 1 2 TON INTERNATIONAL 1954 TRUCK AND ONE (1) 1 TON INTERNATIONAL 195+ PANEL TRUCK, FOR THE PERIOD FEBRUARY 15, 195 THROUGH FEBRUARY 15, 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 P; +RT HEREOF; AJD DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, 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 INTERNATIONAL HARVESTER COMPANY, CORPUS CHRISTI, TEXAS, FOR ONE (1) 1 1/2 TON LITERNATI ONA'_ 1954 TRUCK AND ONE (1) 1 TON Ii:TER- NATIONAL 1954 PANEL TRUCK, FOR THE PERIOD FEBRUARY 15, 1951E THROUGH FEBRUARY 15, 1976, FOR AND II; CONSIDERATION OF THE FEES AS SCHEDULED THEREIN, ALL IN ACCORDAI,CE WITH SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THAT THE NECESSITY OF IMMEDIATELY OBTAINING SUCH EQUI PIdENT FOR USE: OF THE VARIOUS CITY DEPART'r4ENTS CREATES AI: EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CkIARTER RULE THAT 1.10 ORDINANCE OR RESOLUTION SHALL DE lASSL7D FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDIIIANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL 'MEETINGS OF THE CITY COUNCIL, AND THE MA "i OR, HAVING DECLARED SUCH PUBLIC EMERGENCY AND RECESSITY TO EXIS1 "1 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 EE IN FULL FOZCE AND EFFECT FROM �AND ,�f AI'TCR ITS PASSAGE, IT IS .,000RDINGLY P.,SSED iND ,PPi OVED, THIS THE DAY 0. 'FEBRUARY, 195+. A T TES "• � " � r CITY SECIR -' AR'( r APPROVED AS TO LEGAL FORM: CITY H TORNEY v ;AYO THE CI OF CORPUS CHRISTI, TEX,''.S 1 STATE OF TEYAS COLUTY OF NUECES k This LEASE AGRE=T made aid entered into between the CITY OF CORPUS CHRISTI, a municipal corporation of Nueces County, Texas, hereinafter called the CITY and DAWN"I"I NWVSG%W ONOW - CWVW ChrUUo UX" fl hereinafter called LESSOR, W I T N E S S E T Ho I. LESSOR has leased, demised and rented, and by these presents does lease, demise and rent to CITY for the, period from the 1% day of gjbrg = s A.D. 19 54, to the jftday of Y*rWW , A.D. 19 ,9 both dates inclusive, the following equipment- At PW eaha&U GUMbad and lNeft 0 VW% haa - 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 before the dates specified beloas TV46 -it Wd ft* 4eaw► 11 of U,733.99 PIM Ift"MA 44 h$ an !ha ba]aw of sJoh".89. Amount t +meaIUMNIOW $W999. 19% OR. when 40% of above equipment is delivered to CITY r VWbfu w r re _ 15 —9 197? 217W.9h lrb=07 35 , 795X" $ 1,7119.45 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. intornatlonal Harvester coopany Qnantltz RtEt4mon Trade -in « 2gh List Ion s Lease rgwch&&e Interest PaRL tie (1) 11; Ton Intel 1954 P-169 TrWk with t obbs all. Field Ham, rolling tali piper haax:- aefae his &. 12,©W 1b "raden Winch. Tirest frout,rear & spare: 715WD-Op1,p- Wagner hyd. boaster brakes, dual voc. atiF' Org., LH s» Visor. motor No- U-240-115851 Trade -!at O Flora 1942 motor #ICE' -56o51 458.47 3350.56 :ash ijam Naytaent A7.71 luxae 22 t� , 1 1 Totals 1106.18 22Ui.38 244.3H IA.66 PM= one (1) 1 iota Int +l 1Z#, R-122 'Panel Track with solid back seat, domble rear doors, art. leather, dual wiper, sbacks, Gxt* p.Vr mirror, Tires: i±wnt, 814910 rear U& eparet 7 :594- ,,-9plq. Motor No. SD- 220 -25M43 #big Wee 1949 motor - WO-2Ai f1 ?a7f�. �a 1883.2[® cash DDM psymat -4 627 -D 1255-5:1 75.33 Totals 627.75 1255.51 1255.51 75.33 OROD VYMS 1733.13 AY9.89 A99.89 209.99 STATE OF TEXAS CO1VTY OF NUECES This LEASE AGREEMENT made a-id entered into between the CITY OF CORPUS CHRISTI, a municipal corporation of Nuecee County, Texas, hereinafter called the CITY and Tu em°mtatimmr al Ffer"otm C•+ eny - Co*ue Chrieti, TeAm _9 hereinafter called LESSOR, WI TNESSETH. I. LESSOR, has leased, demised and rented,, and by these presents does lease, demise and rent to CITY for the period from the 1th day of r�i32R1�tm' s A.Do 19 545 to the thday of Frtbn !�U A.De 19-�—, both dates inclusive, the following equipments r`.e par whechUe atUched and S a part hAraof. It is distinctly and specifically understood that the equipment herein leased and rented by CITY from LESSOR shall be used excluailrel;V in the service of CITY. II. In consideration for the lease and rental of said equipment, CITY prr ?nia:, to pay LESSOR and LESSOR agrees to accept front CITY the folloviuig rentals on or before the dates specified belaus °:"ra *-VI OW cosh s n �t VP 's' 1, 3..3, 57.3 Plus interaet at W„ time r?im;inisisimg WAnce of "3s'4"9i.t'-9. Arount Inte -"t cat elated at ';209.99. ® � artzrr 15 9 19.E «' - 0 1 lrru3.2 OR when 40% of above equipment ie delivered to CITY at rusry We., a 15W 1,749.95 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 days after the execution of this agree- ment. With reference to the above equipment that is delivareduppon 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 r easonably 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 (l) 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, find (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 -:n. -�'l Federal Excise Taxes paid by LESSOR and if within _10 � 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 itaeif to pay to CITY the aaioant of said Federal Excise `!`-axes 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 'dot n default in achy of its obligations loader this lease, This option may be exercised by CITY'S giving notice in writing to LESSOR not less than thirty (30 dar p .ier to said date of i intention to exercise said option, and by its payment to LESSOR in cash of the surr: of �' =' • l on or before the ea -pirati.or, date of tl , s lease. I.2-r e shall be deducted, however, from such purchase price the total amoun=t ,,f all rentals paid by CITY to LESSOR for the rent of said equipment as .provided herein. The opt'ion payment for the purchase of and acquisition of title to said equipment as so co -Vuted is $ X749 •''S and the total consider °°lion ; f the rc i.aZ a:Ld sub0eq +ue t purchase by option of said equipment is the principal szwr: c f $_ Tj, interest on the deferred payments subsequent to the data. <si this tiYa,t amer at s y, rate of percent per annum from that Sate y ntil. pa'--, _AOn option and payment of the purchase price ajp. );, the terrti? __.._ - 4-11.i .n e t me a- said., LESSOR agrees promptly to execute and deriver to i^ ". s,"Oh jnTtn'- ,aent3 evidences of title to said equipment as may be necessary cr proper o vest good title thereto in CITY. V. Default on the part, of CITY in paying said rent .cr any installmenttt�eMe=1r ", as hereinabove provided, or default on CITY�S part in ksep,-g or performing acy of the terms, covenants, agreements or conditions contained in t .s L easv hail authorize - 3 m 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 - 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 followsa 1. All payments of rentals, or any other payments hereunder shall be made by CITY to the account of LESSOR, or its order,, �. Car43it WP.-SW U&MAy= T 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, commit or permit any waste of or damage to the leased equipment or any of it during the entire term of this lease. e4_ 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 "it" 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 Attest- By City Manager City Secretary Countersignees- Ci.y Controller LESSOR Approved- City Attorney CORPUS CHRISTI, TEXAS TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: ,1953 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 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, Mhi'OR CITY OF US CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: A. A. LICHTENSTEIN ELLROY KING c P. C. CALLAWAY JAMES S. NA15MITH > W. JAMES BRACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: A. A. LICHTENSTEIN d_GCL`;w ELLROY KING L.f77LL' P. C. CALLAWAY �U JAMES S. NAISMITH W. JAMES BRACE m