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Home My WebLink About03931 ORD - 11/10/1954.>s AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY 14ANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A LEASE - PURCHASE AGREEMENT WITH GULF CHEVROLET COMPANY COVERING THREE 3 195' 4 DOOR SEDANS FOR USE IN THE INSPECTION DEPARTMENT; FOR AND IN CONSIDERATION OF $4, 64.40 (DUIN PAYMENT OF $1,324.30, PLUS AN ADDITIONAL $1 3.41, BEING THE 4% INTEREST ON THE DIMINISHING BALANCE OF $3,056.69, SAID AMOUNT TO BE PAID FRO14 CURRENT FUNDS IN ACCORDANCE WITH THE TERMS OF SAID AGREEMENT, A COPY OF l'IHICH 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 11"ANAGER 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 GULF CHEVROLET COMPANY FOR THREE (3) 1954 FOUR DOOR SEDANS TO BE USED BY THE INSPECTION DEPARTMENT) FOR AIID IN CONSIDERATION OF p4,564.40 (o DvI PAYMENT OF $1,324.30, PLUS AN ADDITIONAL 063.41, BEING THE 4,1 INTEREST ON THE DIMINISHING BALANCE OF $3,056.69, SAID AMOUNT TO BE PAID FROM CURREI.T FUNDS IN ACCORDANCE WITH THE TER14S OF SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THAT THE NECESSITY OFIMIIEDIATELY OBTAINII.G SUCH EQUIP- MENT FOR USE OF THE INSPECTION DEPARTMENT CREATES AN EMERGENCY AND AN IMPER- ATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSIOR OF THE CHARTER RULE THAT NO ORDINANCE OR RESO_UT I ON SHALL BE PASSED F I:ALLY ON THE DATE OF I TS INTRODUCT 101; AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH PUBLIC EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPEIISION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE LOTH DAY OF NOVEMBER, 1954. p @ v ATTEST: MAYOR ///''' yyya CITY OF CORPUS CHRISTI, TEXAS G 4GG7--- ...�� . CIT1 SECRETARY ( APPROVED AS LEGAL FORT: DI TY ATTMUEY f COUNTI OF NUECES { This LEASE AGREEMENT made and entered into between the CITY OF CORPUS CHRISTI, a municipal corporation of Nueces County, Texas, hereinafter called the CITY, and OQU VMVMIet COMMV. 3h5 SOM Wa & COMM Clslstl TMI , hereinafter called LESSOR, W I T N E S S E T H: I. LESSOR has leased, demised and rented, and by these presents does lease, demise and rent to CITY for the period from the 20tb3ay of _ Oatober , A.D. 29_SL, to the_IQth3ay of 00tdbeT ,A.D. 19 56 , both dates inclusive following equipments 2hm (3) NO&I 8D. 3509 VA 4 MW ftd"j 37$ Sash Me' neae! 670 x 25 4 8,9 but, ra, ctrl spas Wzaa 40 mom. ®t,aoud ®memos MA &A viper® vlth vacs b000Wl Mmotto pl SlgnaU. re9nt1r1 l as tn1lwa, 24 ft. Serial ON A54SLQM 2. ° " 3M39a54z a e X87 3. a • 096%fdoS54Z a a A54si999<� See Purchase Order No. 52276 E 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 bellows Plus idwat at 476 - X1®9.41 Amount Ootobw 19 , 79 54, $ 1,507.71 Or when 40% of above equipment is deliverjed to CITY 00t&V 19 19 55 1,528.85 Qatdbem i0 19_56 $ 1,01L31, 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. St is recognized that some of the equipment will be delivered by LESSOR to CITY upon the effective date of this lease, while' some of $he 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 manufactuter 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 S 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 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 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- _,,,,.execute._allnecessary; and proper exemption certificates, on.all.Federal..Excise.Taxes paid by LESSOR end 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. 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 6 b." A.-to 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 $ .6A%s1 and the total consideration of the rental and subsequent purchase by option of said equipment is the principal sum of S 1, M30 , plus interest on the deferred payments subsequent to the date of this instrument at the rate of b 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 - 3 - iESSOR_st -Lts: option- and -at- any -time ;after- such - defaults and - after+ thi-rtyl(- 30) dayst'"'^"°^"°"" ° """' ^"•'^""'"'°"`+"•°°"" ="'"" 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 ..w.� rights,aid any rentals provided for hereunder and unpaid at the time of such default shall become, at LESSOR'S option, immediately dueand 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 IESSOR planes the enforcement of this lease, or any part thereof, or the collection of any rentdi 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: •y 1. All payments of rentals, or any other payments hereunder shall be 5 made by CITY to the a.count of LESSOR, or its order, in Hank, Corpus Christi, Texas. 2. This lease cannot be changed, varied or extended except by instrument � c^ in writing signed by LESSOR and CITY, and failure to exercise the option of forfeiting �} this lease in case of default on the pait of CITY shall not waive the right of forfeiture, f 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 wl 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 1 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 ceable possession of said leased equipment for the full term of this lease; CITY ; .,a.ts and agrees not to suffer, commit or permit any waste of or damage to the _ equipment or any of it during the entire term of this lease. i The apparatus delivered to the CITY by LESSOR is warranted and guaranteed and represented to be in fit, sound and worlmiani -ke condition and to conform in all respects to the maaufaoturerss guarantee given to LSSCH. 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 .o£ said equipment. IX. In this agreement where nits 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 Countersigneess City Contra er LESSOR Approveds City Attorney CORPUS CHRISTI, TEXAS /D ,t954 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS-,,,,,,, K,�,..,,mm,w..,,.,,,nm -.., GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THC FOREGOINO ORDINANCE, 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. RESPECT►ULLY) 1 MA CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE? P. C. CALLAWAY ELLROY KING JAMES S. NAISMIT14 W. JAMES BRACE F. P. PETERSON, Jot THE ABOVE ORDINANCE WAS PASSED sY THE FOLLOWING VOTE/:! P. C. CALLAWAY ELLRoY KING JAMES S. NAISMITN W. JAMES BRACE F. P. PETERSON, JR.__t�