HomeMy WebLinkAbout04041 ORD - 01/12/1955AC- 1111/55 y .
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON
BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A
LEASE PURCHASE AGREEMENT WITH GULF CHEVROLET COMPANY
COVERING FIVE 1955 CHEVROLET FOUR DOOR SEDAIJS
FOR AND IN CONSIDERATION OF 595.2g PRINCIPAL
$8,281.95 PLUS INTEREST AT.4% $313.28), 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; AN DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY AUTHORIZED
AND DIRECTED FOR AIID ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A
LEASE PURCHASE AGREEMENT WITH GULF CHEVROLET COMPANY COVERING FIVE (5)
1955 CHEVROLET FOUR DOOR SEDANS, FOR USE BY THE POLICE DEPARTMENT, FOR
AND IN CONSIDERATION OF $8,595.23 (PRINCIPAL $%281-95 PLUS INTEREST AT
4% $313.28), SAID AMOUNT TO BE PAID FRO14 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 IMIICDIATELY OBTAINING SUCH EQUIP-
MENT FOR USE OF THE POLICE DEPARTMENT CREATES AN EMERGENCY AND AN 111PERATIVE
PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHAPTER RULE THAT 140 ORDI-
IIANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION
AND THAT SUCH ORDINANCE OP. RESOLUTION SHALL BE READ AT THREE SEVERAL MEETIN3S
OF THE CITY COUNCIL, AND THE MAYOR, HAVING 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 INTRC-
RUCTION AND TAKE EFFECT A1I0 BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS
PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS TiE DAY OF JANUARY,
1935
ATI •1 (2
Y //� ���MALLAYYOR
CITY SEGO .RY THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED AS TO LEGAL F0641:
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Clrr ror. Ev
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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, / Q
Fund from which it is proposed to be drawn, and such money is not
appropriated for any other purpose.
Director of Finance
STATE OF TESAS „ YMS,.��n *,.,�• :.rp -•. ,,,:: -
COUNTY OF NUECES
This LEASE AGREEMENT made and entered into between the CITY OF CORPUS
CHRISTI, a municipal corporation of Nueces County, sTexas, hereinafter called the
CITY, and oulf Chesolet Comaav, 345 South Water, Corpus Christi. TIsas_ ,
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 7th day of _ Ja nary , A.D.
39_�L, to the__Zthday of January A.D. 39 57 , both dates inclusive
following equipments
Five (5) 1955 Chevrolet 4 Door Sedans, Model 1503, 6 cylinder, standard transmission,
235.5 cubic inch displacwaant, equipped with iasce YKille 60 Asp. generator
(12'volt), 70 AR (12 volt) battery, windshield rasher, heater, defroster, and
directional sip," front and'rear, 670 z 35 4 Ay front, rear, and spare
tubeless tires, Undercoated, at $1,656.39 each, #8,281.95
Identified as fallout Loom Trade -in Ho. 52 $X50.00
Motor No. O171035P55z Serial Ho. A55,-"?Z Lass Trade -in No. 57 75.00
0171532r55z ° ■ A55MW653 Less Trade -in No. 58 150.00
° ol75237i55z e ° 0555040926 Lass Trade -in ao. 65 75.00 450.00
• •
013e394F55z ° , ° A55so29528
oo8UoT55z a ° A55SO4233D Iris cash Principal ,22 6101.2 N,
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See l�ea�ohess order Bo. 53301E (Police) 6
Dspaid Balance
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 =OR and IESSOR agrees to accept from CITY the following rentals on or
before the dates specified belows
Trade -in ;450.00 Pins Cash Payment 62,610.65
Plus Eats sst at 4% an 65,221.30 ($313.28) Amount
Jancat7 7 , :L9 55 , 3 3,373.93
Or when 40% of above equipment is
deliverRd to CITY
JamiaY 7 39 56 $ 2,610.65
Jaanan7 7 2957 $ 2,610.65
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"ie• c ui%�'$"tlia�ome "o "f �'tlie'"`equp`menti°wi11'tie tiglTv'e'red" '"
LESSOR to CITY upon the effective date of this lease, while some of the equipment
.may not be delivered on such date, bitt 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 manufactuiler and that such will be sent to IESSOR
earmarked for the CITY OF CORPUS CHRISTI and delivery will be made immediately to
CITY upon receipt thereof3 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 riot 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
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execute all necessary and proper exemption certificates on all Federal Excise Takes
paid by LESSOR -and 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.
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 j
intention to exercise said option, and by its payment to LESSOR in cash of the sum
of $ 8,0 23 on or before the expirat #on 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 $ 0.6301 65 and the total consideration of the rental and subsequent
purchase by option of said equipment is the principal sum of $-4,29&,9!; , plus
Interest on the deferred payments subsequent to the date of this instrument am the
rate of percent per annum from that date until paid. Upon exercise of the
option and payment of the purchase price upon the terms and within the time af.are=
said, LESSOR agrees promptly to execute and deliver to CITY such instruments or
evidences of title to said equipment as may be necessary or proper to vest good
title thereto in CITY. ,
V.
Default on the part of CITY In paying said rent or any installment thereof,
as hereinabove-provided, or default on CITY"S part in keeping or performing any of
the terms, covenants, agreements or conditions contained in this lease shall authorize
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LESSOR, at lts-op£ion•and at any time after such default, and after thirty (3U)days'
written notice to CITY, to declare this lease terminated and to repossess said equip-
ment with or without legal process, and without prejudice to any of its other legal
rights,and any rentals provided for hereunder and unpaid at the time of such default
shall become, at LESSOR'S option, immediately due and payable and shall bear interest
from such date until paid at the rate of _ _percent per annum. In case CITY makes
default in the performance of any of the terms, covenants, agreements or conditions
contained in this lease, and LESSOR places the enforcement of this lease, or any part
thereof, or the collection of any rentdie to become due hereunder or the recovery
of possession of said equipment or any of it in the hands of an attorney, or files
suit upon same, CITY agrees to pay LESSOR, in addition to the rental payments provided
for herein, a reasonable attorneys fee.
VI.
It is understood and agreed by and between the parties hereto as follows$
1. All payments of rentals, or any other payments hereunder shall be
made by CITY to the account of LESSOR, or its order, in
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.
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The apparatus delivered to the CITY by LESSOR is warranted and guaranteed
"and represented to'tie -in fit, sound and worlmianlike condition and tVconform in'all
_= `�i`narM%44v�. +k... ..v
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.
I%.
In this agreement where "it" is used, "he" shall apply in the proper
instance.,
IN TESTIMONY PIH3REOF, the CITY OF CARPUS 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
By
Attests City Manager
City Secretary
Counter ^6igneese:
City Controller
Approved: LESSOR
City Attorney
APPROVED AS TO LEGAL FORM
— . ............ ....19.._.
CITY ATTORNEY
CORPUS C 5T1� TEXAS
Q� 1955
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 SUSPEN-
SION 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 MEET114GS OF THE CITY COUNCIL,* I� THEREFORE
HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIPMENT AND PASS
THIS ORDIIANCE FINALLY ON THE DATE IT 15 INTRODUCED, OR AT THE PRESENT
MEETING OF THE CITY COUNCIL.
RESPECTFULLY
9e. &ZIlp
MAYOR
CITY OF CORPUS CHRIST1, TEXA
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
P. C. CALLAWAY
ELI-Roy KING
JAMES S. NAISMI TH
W. JAMES BRACE
F. P. PETE RSONp JR.
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
P. C. CCLLAW AY
ELL ROY KING
JAMES S. NAISMITH C(�
W. JAMES BRACE
F. P. PETERSON, JR.
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