HomeMy WebLinkAbout03681 ORD - 03/03/1954AC: 3/2/54
M
AuN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY NIAN,GER F RA N D
ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE
A LE ',SE— PURCHASE AGREEMENT `dI TH FRANK H.'`aYDEN MOTOR
BY THE P,;RK DEPARTMENT; ONE 1 195 DODGE 1 1/2 TON
FLATBED '.JITH 12' BED FOR MUNICIP11 GOLF COUR E USE;
AND ONE 1 195 DODGE 1 1/2 TON CAB AND CHA SIS FOR
USE BY THE STREET DEPARTMENT, FOR THE PERIODiFEBRUARY
26, 1954 THROUGH FEBRUARY 26, 1956, FOR ,` %ND IN CON -
SIDERATION OF THE FEES AS SCHEDULED THEREIII, ALL IH
ACCORDANCE `d I T I SAID LEASE — PURCHASE "GREEMEi 1, A COPY
OF I:1H I CFI IS ATTACHED HERETO AND MADE A PART HEREOF;
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CI OF CORPUS CHRISTI,
TEXAS:
SECTION 1. THAT THE CITY MANAGER BE, AND HE 15 HEREBY AUTHORIZED
AID DIRECTED FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A
LEASE - PURCHASE AGREEM1IENT WITH FPAHK HAYDEN.Mo TORS, FOR THREE (3) 1954 DODGE
1 1112 TON TRUCKS TO BE USED BY THE PARK DEPARTi•iENT; ONE 1j 1954 DODGE 1 1/2
TON FLATBED WITH 12' BED FOR MUNICIPAL GOLF COURSE USE; ND ONE (1) 19514
DODGE 1 1/2 TON CAB AND CHASSIS FOR USE BY THE STREET DE ARTMENT, FOR THE
PERIOD FEBRUARY 26, 1954 THROUGH FEBRUARY 26, 1956, FOR ND IN CONSIDERATION
OF THE FEES ASSCHEDULED THEREIN, ALL IN ACCORDANCE WITH SAID AGREEMENT, A
COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF.
SECTION 2. TI -I AT THE NECESSITY OF IMMEDI ATE L' 013TAINING SUCH
EQUIPMENT FOR USE OF THE VARIOUS CITY DEPARTMENTS CREATE AN EMERGENCY AND
AN IhIPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE
THAT NO ORDINANCE OR RESOLUTION SHALL DE 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
PUBLIC EMERGENCY AND NECESSITY TO EXI 57, HAVING REQUESTEE THE SUSPENSION OF
SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINA LY ON THE DATE OF
1T5 INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND
AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE
DAY OF MARCH, 1954.
,TTE3T:� MAYOR
!- THE L1 0 US CHRIS I, TEXAS
i
CITY SECR ThyY
APPROVED 'S TO LEGAL FO PR 1:
_ 3�g
CITY ATTORNOY
STATE OF TEXAS
COT.WTY 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 Frank Nqdm Motors, Corpus Christi, Taws.
hereinafter called LESSOR,
W I T N E S S E T R-
I.
LESSOR has leased., demised and rented, and by these presents does lease.,
demise and rent to CITY for the period from the 6thday of Febreary , A.D.
X54 9 to the 26day 'of!°gry , A.D. 1956 a both dates inclusive., the
following equipments
As per achedole atUwhed and made a part hereof.
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.
I10
In consideration for the lease and rental of said equipmlent., CITY promises
to pay LESSOR and LESSOR agrees to accept from CITY. the .following rentals on or before
the dates specified below-
Trade —in Md cash drnm pent of $6287.98 plus
interest at 4% on the aiai!shW balance of $U580.42.
Interest calmalated at $798.27. Amount
Febreary 26 54 4 $7086.25
OR when O of above equipment is
delivered to CITY
February 26 a 19 55 $ 6790.21
February 26 . 1956 $ 6790.21
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.
2M_ntMz A!EL& tIon
PARX
Throw (3) 1,95h � IJ,, Ton Tftok.
rAd*l V -153 with WWWO�8
ply tir", oual rear to
overload win". equipped with
"Cial body. Wd liw*kme, deal
O Or 'Pac Wiloe", 1A am visor, u, ext
Ra. xlrrw. Muigraftto".
t"s TA2-1t92
'r342-a,','f40
TV -1534','
Trav*-Inz as f*U*wv
4"Ja - 193' axw
Y'otor no_13131
ctt,4.00)
.,;80!. - 1914 instal
iq�iur R an_m7w"
,be unit Wth no trade-in
T*tal of Trade-in$ r5i.ok7
Cash --bW P"nt 2200-OD
"I
"I'PALS 2129.m
Frank
Treft-In Liat
lerss
& tim P*
_A!!'A NMLOE DAW"t
MICIPAL (MV COURSr,
out (1) W1 Dw%e
with 121 badj sW Souwator,
Olmrlo" Wings. bVd brakes,
dual Yee xi;wmp In ma vimr,
IM art rear view mirror. Tim
fmt,- raw & SPOres ?s%M—
Underwated. lio"ter brake&.
216 Trad#-In
Cash l)OV" Pay
Muz,
V"00
M.00
5319.00
1791.ZO
2VILUORD
12Y,.eO
SM*rT YC
TOR cab & �haawia,
std. t gluafturs hyd brak", tires
frMAP rQ*r & SPAX09 7#503006--" Ply.
ftrload rivets, =a V= v1porg,
LH IKM vib*r, LH *A R.Y. mirror.
Underented, B000ter b"Wg*
Matar d TX142-26W.
Trade-in MY follows
��2 - 19L� Chay.
Motor _� BMA03 MM 17,',?.(b
Cash t*m ?Ryrsnt 921--00 767.00
=.00 A`.12
5319.E
319,12
1266.:O L';60
1266.�O 76.4r,
1191.x:0 72.h9
P*g* - 2 Fr=k e
U Ads-fa Lust lees Laasa
m B
Two (2) X954 Dwip 34 Ilan Cob g MSS* a
**dp d VIM 1'E G gal is ur to*.
,Std gyrator, erresE2644 W riap, kW4
with baaoter brags, dal vaa vlpw�.
LH am viser, LH art V+ vicar ottrror.
Tim# >[wt -7t$WO-8 p4. PAW d
Parise A125 W p4. MWerceatad.
Mohr
#05 TX342-2613
TI342-2671
GRAND TOTALS 6287&9f, 13580o42 IV80-42 ?P8.27
Motor # 010-233- 23"T
QU25.00)
Motor f 233-V6W
(175.00)
Total oY made -ice iii,
4"2,, W
cash Govis ?"mat UI&66
6,
3261.34 179.69
TWO (z) U% awv li Taa Moftl 06 -x171
wft Ik# u t bed, std X emmorstor
O"rlftd O'er, W brISIM, *A&l
Vale wipw**, LM 110 4u', kM sit Rol*
minor. Tumma, hods, rear & wwo
?e$0404 ply& re"tod. boo*tW b .
MoUw f to
TX%2- 3
T s -im as tdiiove
Am - 1940 Daft&
Motor #TM36158
(450.00)
- 191+5 CI>d►.
toter AN- 72£331
075.00)
Total of Trod*-Imm V5400
37720
Cash Down psymont 1206....32
3_ -34
2541#83 W- 8
TOZ" x.37.98
6994.82
6994.Bg 403.15
GRAND TOTALS 6287&9f, 13580o42 IV80-42 ?P8.27
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 i self 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 tLt total delivery
hereunder can be effected within 30 days after the execution of this agree-
ment.
With reference to the above equipment that is delivared.,upon 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 saidequipment 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 on all Federal Fxcise 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.
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 t 20,666.67 on or before the expiration date of this lease. There
shall be deducted, however, from such purchase price the total amount of all rentaats
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 $ 6790.21 and the total consideration of the rental and subsequent
purchase by option of said equipment is the principal sum of 19II68.ii0 YluS
interest on the deferred payments subsequent to the date of this instnLmert --�tth:a
rate of. percent per annum from that date until paid. Upon exerciar.:,f the
option and payment of the purchase price upon the terms and within -•he time
said, LESSOR agrees promptly to execute and deliver to CITY suoh instruments or
evidences of title to said equipment as may be necessary or proper to vent 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 CITYBS part in keeping or performing any of
the terms, covenants, agreements or conditions contained in this lease shall authorize
Mn
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 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
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 attorneyos 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 State NRtonal Batik
Bank, Corpds 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, 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 shaculd 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
Qttesta By
City Manager
City Secretary
Countersigneess
City Controller
Ti • ..
Approved-,
City Attorney
CORPUS CHRISTI, TEXAS
95�
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
GENTLEMEN:
FOR THE REA -SONS 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,
MAO R
RCITY CO
THE CHARTER RULE WAS SUSPENDED BY THE
FOLLOWING VOTE:C�
LICHTENSTEIN
/
A. A,
ELLROY KING
P. C. CALLAWAY
JAMES S. NAISMITH
r\.
W. - JAMES BRACE
1�(6•;-
% "OOTE'.
THE ABOVE ORDINANCE WAS PASSED BY THE
FOLLOWINNI
LICHTENSTEIN
A. A.
ELLROY KING
P. C. CALLAWAY
J
JAMES S. NAISMITH
W. JAMES BRACE
Ve � r