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HomeMy WebLinkAbout03937 ORD - 11/10/1954AN ORDINANCE AUTHORIZING AND DIRECTING ThE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A LEASE- PURCHASE AGREEMENT WITH CATTO AND PUTTY COVERING ONE 1 WORTHINGTON 140DEL F CHIEF TRACTOR FOR USE IN THE PARK AND RECREATION DEPARTMENT' FOR AND IN CONSIDERATION OF $4,42b.51 (DOWN PAYMIENT OF $1,419.27, PLUS AN ADDITIONAL $170.24, BEING THE 4% INTEREST ON THE 0114INISHII4G BALANCE OF ,2,839.00), SAID AMOUNT TO BE PAID FROM CURRENT FUNDS IN ACCORDANCE WITH THE TERMS OF 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 M.ANAQER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A LEASE- PVRCHASE AQREEMENT WITH CATTO AND PUTTY COVERINQ ONE (1) WORTHINGTON MODEL F. CHIEF TRACTOR. FOR Ug IN THE PARK AND RECREATION DEPARTMENT, FOR AND IN CONSIDERATION OF FOLR THOUSAND FOUR HUNDRED TWENTY EIGHT AND 51100 (DOWN PAYMENT OF $1,419.27, PLUS AN ADDITIONAL $170.24, BEINQ THE 4% INTEREST ON THE DIMINISHING BALANCE OF $2,8J5.00), SAID AMOUNT TO BE PAID FROM CUPRENT FUNDS IN ACCORDANCE WITH THE TERMS OF SAID AQREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THAT THE NECESSITY OF IM14EDIATELY OBTAININQ SUCH EQUIPMENT FOR USE OF THE PARK AND RECREATION DEPARTMENT CREATES AN EMERQENCY AND AN IMPERATIVE PUBLIC NECE55ITY 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 PUBLIC EMERQENCY AND NECESSITY TO EXIST, HAVINQ REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS MLO - 11-19-j4 - PAGEZ ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS RASSAOE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE DAY OF NOVEMBER, 1954. 9 MAYOR THE CITY OF CORPUS CHRISTI, J"EXAS ATTEST: V ITY SECRETARY APPROVED AS TO LEGAL FORM: CITY ATTORNEY -2- �AMb,M -3� -.• i - .•v_.vsh v STATE OF ,TEXAS COUNTY 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 Wtto SM MW, MD GOWN& SM MM20, TWO , ,.A..�. .. hereinafter called LESSOR, W I T N E S S E T H- 1. LESSOR has leased, demised and rented, and by these presents does lease, demise and rent to CITY for the period from the "day of _00tober , A.D. 19_qs , to the22nd day of 04tdbar A.D. l9_ 56 , both dates inclusive following equipments 00D M Vx4metm TtW*W fte' a V MWS h 4Y1 's hs Ford malm, t 16 Md ae�9 erse m9 55 s u ter liss cVr Wj &rif h �Bot� �A2 -%*3 s aantxnt A2AW ANOM A2.=b A2-03? Gem 02dw ft. 52269 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 below. � 6 OA Amount Or when 40% of above equipment is delivered to CITY OCtLbT 22 1956 $ Ai679r00 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. 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 each date, but LESSOR agrees and binds itself that as to `"" -- that`'portion of'tlie "equipment not immediately delivered to- CITY - that- it-will forth-1---l- with order such equipment from the manufacttu'er and that such will be sent to LESSOR earmarked for the CITY OF CORPUS CHRLSTI and delivery will be mpde 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 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 -a- execute all necessary and proper exemptibn certificates on all Federal Excise Taxes paid by LESSOR and if within_ L— 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. I0. 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 LFSsOR in cash of the sum of $�,�A R"t 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 $ Z A9pw M and the total consideration of the rental and subsequent purchase by option of said equipment is the principal sum of $_h1grJa , plus interest on the deferred payments subsequent to the date of this instrumtent st the rate of F, percent per annum from that date until pal?. Upon exercise of the option and payment of the purchase price upon the terms sLd, within the time efore- 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 - « LESSOR, at its option and at any time after such default, and after thirty (30) dayst written notice to CSTY, 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 J_ 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 follaws3 1. All payments of rentals, or any other payments hereunder shall be made by CITY to the account of LESSOR, or its order, in 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. M. 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- s, The apparatus delivered to the CTTY by LESSOR is warranted and guaranteed and represented to be in fit, sound and workmanlike condition and to conform in all respects to the manufacturerts 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- , meat but the CITY shall be required and obligated to exercise its option rights provided in this agreement on the whole of said equipment. IS. In this agreement where nits is used, "hen shall apply in the proper instance. F 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, TEYAS Attestp By City Manager City Secretary Countersigneees City Can er dal i - -- --- Approveds City Attorney CORPUS CHRISTI, TEXAS /6 1954 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHP.1571, Tc- SENT LEMT.N: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOP. THE SUSFCN510M Oi THE CMARTEP PULE OR REQUIPEMENT THAT NO ORD.NANCE OF RESOLUTION SHALL GE PASSED FILIALLY ON THE DATE IT 15 INTRODUCED, AND THAT SUCH OPDINANCE 09 RESOLUTION SHALL BE READ AT THREE MEETINGS Of T4E CITY COUNCIL, 1. THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHAPTEP PULE OP REQUIP.EMCNT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODU!ED, OR P1 THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, o v MAYOR CITY OF CORPUS CHRISTI, TEXAS THE CHARTER PULE WAS SUSPENDED BY THE FOLLOWING VOTE: P. C. CALLAWAY GLLROY ICING �W�A DANES J. NAISMITH BRACE W. JAMES BRACE F. P. PETERSON, JR TFE ABOVE ORDINANEE WAS PASSED BY THE FOLLOWING VOTE: F. C. CALLAWAY • ELLROY KING JAMES S. NAISMITH ` W. JAMES 136CE F. P. PETERSON, JR.