HomeMy WebLinkAbout04130 ORD - 02/02/1955r
1mc/2/2/55 AN ORDINANCE
ADTHOR=XG AND DIRECTING THE.CITY MANlM FOR AND ON
BEHALF OF TER -CITY OF CORPUS CHRISTI TO EXECUTE. LEASE
PURCHASE AGRJMMENT WITH THE SEVERAL PERSONS, FLW AIM
CORPORATIONS. FOR THE LEASE AND PURCHAM,9F THE SEVERAL
Pimps OF EgUIPMENT AT M RESPECTIVE PRICES LISTED,
EACH OF SAID LEASES AND PURCHASES INVOLVING THE PRTN- ,
C1PAL,,TNT FST AND CASH PAYMENTS SHOWN TO BE PAID FROM
THE CURRENT FUNDS OF THE CITr, ALL ACCORDING TO THE
SCHEDULE ATTACHED HERETO AND MADE A. PART .HEREOF, THE
FORM OF SAID LEASE AGHKOOMS TO BE AS ATTACHED HERETO
AND MADE A. PART IMF; BAID VNHICLES AND EVIEMENT TO
BE UMD BY THE RESPECTIVE'DEPARTNENTS_'OF THE CITY SHOWN
ON SAID SCHEDULE; AND DECLARING AN EMERGENCY.
BE 3T ORDAINED BY TfOR CITY COUNCIL OF THE .CM OF CORPUS CHRISTI, TRW:
'SECTION 1. That the City Manager be, and he is hereby authorized and direc-
ted for and on behalf of the City of Corpus Christi to execute lease purchase agreements y
on the form of agreement attached hereto and made a part hereof with the respective per-
sons, firms and corporations for the pieces of equipment and vehicles at the purchase
price involving the interest payments, cash payments and trade -ins shown by the schedule
attached hereto and made a part hereof, said amounts to be paid from the current funds
of the City in accordance with the terms of said agreements.
SECTION 2. 'That the necessity of immediately obtaining such equipment creates
an emergency and an imperative public necessity 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 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 and be in fall force and effect from and
after its passage, IT IS ACCORDINGLY PASSED AMID APPROVED, This the_�_dsy of February,
1955 -
MAYOR
- CITY CT' DCRPDS CHR19m2, T24g .
ATTEST::
City SecretAry
APPROVED AS TO LEGAL FORM:
i
City t rney
CITY OF CORPUS CHRISTI
MACHINERY AND EgU1FMW FOR LEASE
PURCHASE
CONTRACTS AS APPROVED BY COUNCIL
ACTION
FEBR[7ARY 2, 1955
Description
Lessor
Total
Less
Plus
Total
Payment
Payment
Amount
Trade -In
Interest
Cash Payment
2 -2 -56
2-2 -57
Street M & C :-
1 - Davey Model Air Compressor
Alamo Iron Works
$ 5,743.00
$ 1,107.00 $
185.44
$ 1,730.78
$ 1,545.33
$ 1,545.33
1 - Pneumatic Mounted Loader
Ingram Equip. Co.
8,615.00
/
2,000.00 /
264.60
2,469.60
2,205.00 i
2,205.00
1 - Portable Service Sta. Unit
Alamo Iron Works
877.15,
-
35.09
38
3 - M400 Fax-=all Tractor `J1
Jess McNeel Mach. Co.
8,072.25
600.00
298.89
2 Z5
1 - Galion Model 503 Motor
✓CgdEY
Service Co. ,523:20
642.00
195.24
,
Grader
2 - 12 Ton Dump Trucks
Lewis Boggus
4,273.56
330.00'
157.74
1,472.26
1,314.52
' 1,314.52
1 - z Ton Dump Truck
Lewis Boggus
2,136.78
75.00
82.47
769.73
687.26
687.26
2 Ton Truck w /oil field
Lewis Boggus
31739.03
75.00
146.56
1,367.91
1,221.34
1,221.34
body
1 - Tandem axel Truck
Lewis Boggus
5,716.00
150.00
222.64
2,077.98
1,855.33
1,855.33
1 . z Ton Pickup
Lewis Boggus
1,188.10-
4o.00
45.92
428.62
382.70
382.70
1 - z Ton Pickup
Frank Mac Curdy
1,266.25
150.00
44.65
416.74
372.08
372.08
Garbage Collection: -
1 - 2 Ton Cab & Chassis
Lewis Boggus
2,113.00
-
84.52
788.86
704.33
7o4.33
2 - 2 Ton Truck w /Pak Mor
Lewis Boggus
10,514.20
- _
420.57
3,925.31
3,504.73
3,504.73
garbage body
Poliae :-
1•- 4 Door Sedan
Lewis Boggus
2,000.00
800.00
48.00
448.00
400.00
400.00
TOTALS
.;,
STATE OF TE7(AS
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-
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 _ day of _ , A.D.
39_, to the day of ,A.D. 19 , both dates inclusive
following equipment:
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
Amount
:L9
Or when 40% of above equipment is
delivered to CITY
79
79
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 such date, but LESSOA 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 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 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
4
execute all necessary and proper exemptibn certificates on all Federal Excise Taxes
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 CITYoS 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 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 $T�, plus
interest on the deferred payments subsequent to the date of this instrument at 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 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 CITYoS part in keeping or performing any of
the terms, dovenants, agreements or conditions contained in this lease shall authorize
-3-
' 6
LESSOR, at its option and at any time after such default, and after thirty,(30)day ,91
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 aid payable and shall bear interest
r
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 pla6es the enforcement of this lease, or any part
thereof, or the collection of any rent die 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 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
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.
-4-
The apparatus delivered to thcCITY'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.
IX.
In this agreement where "it" is used, "he" shall apply in the proper
instance.
IN TESTIMONY WHEREOF, 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.. 29
CITY OF CORPUS CHRISTI, TEXAS
By
A.ttest:: City Manager
City Secretary
r
Approved:
City Attorney
1
Countersigneess:
City Controller
LESSOR
Y
S
I certify to the City Council that the money required for
the contract, agreement, obligation, or expenditure contemplated ii
the above aid foregoing Ordinance is in the Treasary of the City of
Corpus Christi to the credit of No. / O 2r 6�� / Dl—
Fund from which it is proposed to be drawn, and such money is not
appropriated for any other purpose.
J-L-- AQ
Director of Finance
CORP CHRI TI, TEXAS
1955
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
GENTLEMEN:
FOR THE REASONS SET FORTH IN THE EMERGENCY" CLAUSE'OF THE FOREGOING'.
ORDINANCE, 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 MEETINGS OF THE CITY COUNCIL; 1, 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 FOLLOWING VOTE%
P. C. CALLAWAY
ELLROY KING
JAMES S. NAISMITH
W. JAMES BRACE
F. P. PETERSON, JR.
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTES
P. C. CALLAWAY
ELLROY KING
JAMES S. NAISMITH
or
e2A 'o7
W. JAMES BRACE
J
F. P. PETERSON, JR,
'
. T30�