HomeMy WebLinkAbout03930 ORD - 11/10/1954AN ORDINANCE
Y
AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON
BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A LEASE —
PURCHASE AGREEMENT WITH FRANK MACCURDY MOTORS FOR SEVEN
195 DODGE TRUCKS FOR USE BY THE SANITATION DEPART
RENT, FOR AND IN CONSIDERATION OF 3 1 0.79 DOUfd PAYMENT
OF $12,227.10, PLUS AN ADDITIONAL $1,967.25, BE114G THE 41
INTEREST ON THE DIMINISHING BALANCE OF $24,954.36) LEAVING
A DEFERRED PAYMENT OF $24,454.36, SAID AMOUNT TO BE PAID
FROM CURRENT FUNDS IN ACCORDANCE WITH THE TERMS OF SAID
AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND BADE A
PART HEREOF; AND DECLARING AN EMERGENCY.
3E IT ORDAINED BY THE CITY COUIICIL CF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTIO14 1. THAT THE CITY MANAGER SE, AND HE IS HEREBY AUTHORIZED
AND DIRECTED FOR AND ON BEHALF OF THE CITY OF CORPUS CHRIST[ TO EXECUTE A
LEASE- PURCHASE AGREEMENT WITH FRANK IdACCURDY MOTORS, FOR SEVEN (7) 154
DODGE TRUCKS TO BE USED BY THC SANITATION 'DEPARTMENT, FOR AND IN ':ONSIDERATIOII
OF 4IA 144.79 (DOWNPAYMENT OF $12,227-18, PLUS AN ADDITIONAL $1,467.25, BEING
THE 4% INTEREST ON THE DII.IIIIISHIIIG BALANCE OF $24,454.36) LEAVING A DEFERRED
PAYHEUT OF $2_4,454•.36,, SAID AMOUNT TO BE PAID FROM CURRENT FUNDS IN AC.^,GRD-
_• ANCE WITH THE TERMS OF SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO A;,D
MADE A PART HEREOF.
SECTION 2. THAT THE NECESSITY OF IMMEDIATELY ODTAINI'IO SUCH EQUIP -
RENT FOR USE OF THE SANITATION DEPART14EIlT CREATES AN EMERGENCY AND AN IMPERA-
TIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER. RULE THAT 110
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 14EETINGS
OF THE CITY COUNCIL, A ^JD THE MAYOR, HAVIIIG DECLARED SUCH PUBLIC 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 AI:D BE III FULL FORCE A'ID EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORD-
INGLY PASSED AND APPROVED, THIS THE L__DAY OF NOVEMBER., 1954.
hfAYUR
THE CITY OF CORPUS CHRISTI, TE:yAS
ATTEST:
ACTIIIG CITY SECRETARY , +
APPROVED AS TO LEGAL FORM:
CITY �AYtORNEY - n ` +
STATE OF TEXAS
.;.m... COUNTY OF NUECE4 �,.. «.w. -- :+ran*.., _a,M..a..,.... .+.«.. ».«„- ...w•.b,.y...... _ _.t,. ..�. ,,.
This LEASE AGREEMENT made and entered into between the CITY OF CORPUS
CHRISTI, a municipal corporation of Nueces County, Texas, hereinafter called the
CITY, and ,
hereinafter called LESSOR,
W I T N E S S E T H-
LESSOR has leased, demised and rented, and by these presents does lease,
demise and rent to CITY for the period from the Xd day of _ 00tCbW , A.D.
l9 _, to the_gWday of OCtobsr A.D. 19^566_, both dates inclusive
following equipment;
Sam (7) 195E1 DOM BOdo1 W-M 8 Saes dmbm O Pad St`fxY% t=1Rd1M1 15 eA. yd.
MAW BoAV + 7•D • 20 n7 FVWts Val Ream sffi 40we limo -
ao*nw teases - Ibm VaW iivat earl Bear ftml= Mid 0=100 %wlgP
Z Lan Arm itirews — Right blame aS3aUw - Una EiecUlU WindshIs d wipers -
M 'semmal LtgtDS Frame ftin uwAnts - iLoaercant
R "110• 826 °
02
r226= 1PX1;-W
z
6263M31 V29-aA
Tjltlb•�87$ 8261x199 me"639 " P. p, 518aro 8
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 belows
tai Wipsl PW=nt R1Ra227.18 ,
P19s Interest st h% 41,,467. S Amount
Or when 40% o a ve equipmentis� $- -a'1ii lt3
delivered to CITY '
23 19 5S — 32a'2ii7.1P
— Gstobas 28 �—SS— $ 1PaP27.ip
It is agreed by LESSOR and CITY that such rentals shall be paid from the
current revenues of CITY for the years which such payments fall due.
„ u, y� „ , It ,isy recognized that some -the
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 manufact&er 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 connections 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 delivered 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 equipmeht 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 (k) 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 than 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-
4s, - ...,.. ww. r.......„...,...+ L---.+.,- ...«.r..{y.a•«,aw- .«.«..in::�.r
execute all necessary and proper exemption certificates on all Federal Excise Taxes
paid by LESSOR and if within 3D 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 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 am
of $ 9eA8.79 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 acquisition of title to said equipment as so computed
is and the total consideration of the rental and subsequent
purchase by option of said equipment is the principal sum of plus
Interest on the deferred payments subsequent to the date of this instrument at 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 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 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
i' ,.civ., _ -c. - , 1 .*1 ay.r. I I 1.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,aid any rentals provided for hereunder and unpaid at the time of such default
shall become, at LESSOR'S option, immediately due sad 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 rentdie 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 attorneys 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 3tato Hatlecal
Hank, 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 his 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.
�, e •r,.�.+ ;..y 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.
VII.
It is understood and agreed by and between the parties hereto that in
the event the CITY at any time should 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.
IR.
In this agreement where nit" is used, "he" shall apply in the proper
instance,
IN TESTIMONY WHZREOF, the CITY OF CORPUS CHRISTI has caused this lease
agreement,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, TE)i&S
Ry.
A.ttestr x City Manager
City Secretary
Countersigneess.
City Controller
Approved" LESSOR
City Attorney
CORPUS CHRISTIp TEXAS
1954
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI TEXAS
GENTLEMEN:
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE
FOREGOING ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST
FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDNANCE
OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED
AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS
'JF THE CITY COUNCIL; I, THEREFORE HEREBY REQUEST THAT YOU SUSPEND SAID
CHARTER RULE OR REQUIREMENT 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, TEXA
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
T P. C. CALLAWAY
ELLROY KING
JAMES S. NAISMITH
W. JAMES BRACE T
F. P. PETERSON JR
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
P. C. CALLAWAY
ELLROY KING
JAMES S. NAISMITH
W. JAMES BRACE
F. P. PETERSON, JR.
396