HomeMy WebLinkAbout04040 ORD - 01/12/1955AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON
BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A
LEASE PURCHASE AGREEMENT WITH LEWIS BOGGUS MOTORS INC.
COVERING SIX 1955 FORD MAINLINE FOUR DOOR SEDANS,
FOR AND IN CONSIDERATION OF $10,200.57 (PRINCIPAL
$9,896.70 PLUS INTEREST AT 4,4 $363.&7), 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; SAID EQUIPMENT TO BE USED
BY THE POLICE DEPARTMENT; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUIICIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HERESY AUTHORIZED
AND DIRECTED FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A
LEASE PURCHASE AGREEMENT WITH LEWIS BOGGUS MOTORS, INC., COVERING SIY. (6)
1955 FORD MAINLINE FOUR DOOR SEDANS, FOR USE BY THE POLICE DEPARTMENT, FOR
AND IN CONSIDERATION OF $10,2Ea.57 (PRINCIPAL W9,896.70 PLUS INTEREST AT
4i y3 83. 67), 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.
SECTION 2. THAT THE NECESSITY OF IMMEDIATELY OBTAINING SUCH EQUIP-
MENT FBI; USE OF THE POLICE DEPARTMENT CREATES AN EMERGENCY AND AN IMPERATIVE
PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDI-
NANCE 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 MAYDR, HAVING DECLARED SUCH PUBLIC EMERGENCY
AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER
RULE A14D THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS IIITRO-
DUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS
PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE ADAY OF JANUARY,
1955-
A;7(Z
r MAYOR
THE CITY OF CORPUS CHRI TI, TEXAS
CITY SECR TG9
APPROVED AS TO LEGAL FO ;7
CITY ATTORNEY
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I CERTIFY TO THE CITY COUNCIL THAT THE MONEY REQUIRED FOR
THE CONTRACT, AGREEMENT, OBLIGATION, OR EXPENDITURE CONTEMPLATED IN THE
ABOVE AND FOREGOING ORDINANCE IS IN THE TREASURY OF THE CITY OF CORPUS
CHRISTI TO THE CREDIT OF NO.
FUND FROM WHICH IT IS PROPOSED TO BE DRAWN AND SUCH MONEY IS NOT APPROPRIATED
FOR ANY OTHER PURPOSE.
[ZAz' OcJ
DIRECTOR OF FINANCE
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 Leafs hioaeos Motors, 101 Shoreline, p wn Obria:U� =a
hereinafter called LESSOR,
W I T N E S S E T Hs
I.
LESSOR has leased, demised and rented, and by these presents does lease,
demise and rent to CITY for the period from the 2�hday of _December , A.D.
79_,qL_, to the 28thday of Dscembmr ,A.D. 39_ 56 , both dates inclusive
following equipmentz
Six (6) equipped with x,4..i4,re 4 Door Sedans, 6 cylinder, standards tr+anmisslonn,,,,�
equip ed with directional 1.igbtB, vine7e13.1 1 Tubers, 1]5 AH BD battery,
Uwe Neville 90 Asp. PJalarator, 6 volt, 670 z 15 4 p$ Pram, rear,
and spare tires, dual. interior San viaere, dual aaCUM booster wipers,
haatar and defroater, Undercoated, at ¢1,649.45 each, $9,896.70
Identified as fol.lowet Lass Trade-in No. 49 $ 50.00
Motor No. A5DG 323,968 • n a No. 67 75.00
• ° A5DG 121982 e • n No. 71 175.00 300.00
n n A5DG 119670
n a A5DG 120266 aid Balance 3'�.
n A5DG 119989
A5DG 119435 '
See Purchase Order No: 53302 8 (Police)
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 IFS50R agrees to accept from CITY the following rentals on or
before the dates specified belows
Trade-in $300,00 Pius Cash Fayeaut $3,198.90
Plus Eaterest at 4% oa $6,397,80 ($383.87)
Amount ,
3517•'i
Or when ar % 28 s 1is $ ;,HR7 77
Or when 40� of above equipment is
delivered to CITY
licambar 28 1955
WAg!0r 28
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 df the equipment will be delivered by _
�LESSOR to CITY upon the effective date of this lease; xhile some oT�theequipment - '
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 afid 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 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 ierein, CITY agrees and obligates itself to
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execute all necessary and,proper:exemptibn certificates on -all "Federal-
---paid by LESSOR- and-if- within- So -days after the purchase by the CI'_ — 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 fall 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,
I9.
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 $ " "457 6 a1 on or before the expiration date of this lease. There
aball 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 subs e , t
purchase ��
p by option of said equipment is the principal aura of us
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 t'_ms a•' „ ^e-
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 hereinabave provided, or default on CIMS part in keeping or performing any of
the terms, covenants, agreements or conditions contained in this lease shall authorize
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LESSOR; at its option'and at any time'after such default, and after thirty (30)dayst
CI' �.
written notice to TY, 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 LESSORIS option, immediately dueand payable and shall bear interest
from such date until paid at the rate of _.L __percent per annum. In case CITY makes
default in the performance of my 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 rentche 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 followsi
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 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.
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•The "app "ar`atus``delivere�to`�ttiie CITi'5y`iES� .is warranted and guaranteed - -
and represented to be in fit, sound and wor}ananlike condition and to conform in all
respects to the manufacturerts 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,
IX.
In this agreement where t1itn is used, "half shall apply in the proper
instance.
IN TESTIMONY WHM- MF, 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, TEXAS
Sy.
Attestx City Manager
City Secretary
Count signeas;.
City Controller
Approved: LESSOR
City Attorney ,
APPROVED AS TO LLGAL FORM
CITY ATTORNEY
C Christi, Tessa
• TO THE 2•fl'IKBBRS OF THE CITY COUNCIL _
Corpus Christi, Texas
Gentlemen:
For the reasons met forth in the emergency clause of the forego,99
ordinance, a public emergency and imperative necessity edst•for the suspen-
aion of the Charter Rule or requirement that no ordinanc4,or resolution shall
be passed finally on the date it is introduced, and that.acch ordinance or
resolution ahall 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;,
MAYOR
CITY OF CORPUS CHRISTI, TEXAS
The Charter Rule was suspended by the folloving vote:
P. C. Callaway
Ellroy Sing
James S.•Haismith
W. James Brace
F. P. Peterson, Jr.
The above ordinance was passed by the following note: „
P. C. Conaway
S11roy Sing.. ,*
James S. Raismith
W. James Brace
F. P. Peterson, Jr. _M
- Moab