The URL can be used to link to this page

Home My WebLink About04403 ORD - 11/30/1955v c MEM :11/21/55 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A LEASE AGREEMENT WITH ED. HUFFMAN MOTORS, A CORPORATION, OF THE CITY OF CORPUS CHRISTI, TO COVER THE OPERATION OF AN AUTOMOBILE THAT WAS TGR- NISHED BY SAID ED. HOFFMAN MOTORS TO THE ACCIDENT PREVENTION DIVISION OF THE POLICE DEPARTMENT, IN ACCORDANCE WITH THE TERMS AND PROVISIONS SET OUT IN SAID AGREEMENT, A COPY OF WHICH AGREEMENT 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 MANAGER, BE AND HE IS HEREBY AUTHOR- IZED AND DIRECTED TO EXECUTE A LEASE AGREEMENT, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI WITH ED. HOFFMAN MOTORS, A CORPORATION, OF THE CITY OF CORPUS CHRISTI, TO COVER THE OPERATION OF AN AUTOMOBILE THAT WAS FURNISHED BY SAID ED. HOFFMAN MOTORS TO THE ACCIDENT PREVENTION DIVISION OF THE POLICE DEPARTMENT, IN ACCORDANCE WITH THE TERMS AND PROVISIONS SET OUT IN SAID AGREEMENT, A COPY OF WHICH 15 ATTACHED HERETO AND MADE A PART HEREOF. _ r SECTION 2. THAT THE NECESSITY FOR EXECUTING THE AGREEMENT HERE- IN DESCRIBED TO COVER THE OPERATION OF AN AUTOMOBILE FURNISHED BY ED. HOFFMAN MOTORS TO THE ACCIDENT PREVENTION DIVISION OF THE POLICE DE- PARTMENT CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RE- SOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEET- INGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED, AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF 1T5 INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE IT IS ACCORDINGLY SO ORDAINED. PASSED AND APPROVED THIS fo DAY OF NOVEMBER, 1955. MAYOR xtits9—t �� THE CITY OF CARPS- HR[STI, TEXAS ATT" CITY SEC ET V � -- APPROVED _ TO LEGAL FOR�NOV.�,1955: (� %� 3 t,bal lITY ',IrToRmEq LEASE AGREEMENT STATE OF TEXAS 0 8 COUNTY OF NUECES O 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 ED. HOFFMAN MOTORS, A COR- PORATION HEREINAFTER CALLED LESSOR, W I T N E S S E T H; LESSOR HAS LEASED, DEMISED AND RENTED, AND BY THESE PRE- SENTS ODES LEASE, DEMISE AND RENT TO CITY FOR THE PERIOD FROM THE 1ST DAY OF DECEMBER. A. 0. 1958, TO THE 1ST DAY OP DECEMBER. A. D. 1936, BOTH DATES INCLUSIVE FOLLOWING EQUIPMENT; 1958 DE SOTO, FIRE DOME, FOUR DOOR SEDAN, MOTOR NUMBER 95198632 IT 15 DISTINCTLY AND SPECIFICALLY UNDERSTOOD THAT THE EQUIP- MENT HEREIN LEASED AND RENTED BY CITY FROM LESSOR SHALL BE USED EXCLU- SIVELY IN THE SERVICE OF CITY. IN CONSIDERATION FOR THE LEASE AND RENTAL OF SAID EQUIP- MENT. CITY PROMISES TO PAY LESSOR AND LESSOR AGREES TO ACCEPT FROM CITY THE FOLLOWING RENTALS ON 'Olt BEFORE THE DATES SPECIFIED BELOW; ONE DOLLAR ($1.00) PER ANNUM PAYABLE ON OR BEFORE DECEMBER 1, 1956. IT IS AGREED BY LESSOR AND CITY THAT SUCH RENTALS SHALL BE PAID FROM THE CURRENT REVENUES OF CITY FOR THE YEAR WHICH SUCH PAYMENT FALLS DUE. 111 DEFAULT ON THE PART OF CITY IN PAYING SAID RENT OR ANY IN- STALLMENT THEREOF. AS HEREINABOVE PROVIDED, OR DEFAULT ON CITY'S PART IN KEEPING OR PERFORMING AMY OF THE TERMS. COVENANTS, AGREEMENTS OR CONDITIONS CONTAINED IN THIS LEASE SHALL AUTHORIZE LESSOR. AT ITS -1- OPTION AND AT ANY TIME AFTER SUCH DEFAULT. AND AFTER THIRTY (30) DAYS' WRITTEN NOTICE TO CITY, TO DECLARE THIS LEASE TERMINATED AND TO RE- POSSESS SAID EQUIPMENT WITH OR WITHOUT .LEGAL PROCESS. AND WITHOUT PRE- JUDICE TO ANY Of ITS OTHER LEGAL RIGHTS, AND ANY RENTALS PROVIDED FOR HEREUNDER AND UNPAID AT THE TIME Of SUCH DEFAULT SHALL BECOME, AT LLSSURIS OPTION, IMMEDIATELY DUE AND PAYABLE. IN CASE CITY MAKES DE- FAULT 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 TO BECOME DUE HEREUNDER OR THE RECOVERY OF POSSESSION OF SAID EQUIP- MENT 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. IV IT 15 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 LESSOR, OR ITS ORDER. 2. THIS LEASE CANNOT BE CHANGED. VARIED OR EXTENDED EX- CEPT BY IN57RUMENT 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 or 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 SUFFERENCE. V. LESSOR COVENANTS AND AGREES (1) THAT CITY. ON PAYING THE SAID RENT AND PERFORMING THE SAID COVENANTS CONTAINED HEREIN IN THE MANNER -2- AND WITHIN THE TIMES HEREIN PROVIDED. SHALL AND MAY PEACEABLE AND QUIETLY HAVE, HOLD AND ENJOY POSSESSION AND USE Of SAID LEASED EQUIP- MENT FOR THE TERM AFORESAID, AND (Z) THAT IT WILL DEFEND CITY IN PEACE- ABLE 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, AND CITY AGREES NOT TO MAKE ANY CHANGES OR ALTERATIONS OF SAID LEASED EQUIPMENT WITHOUT THE CONSENT OF LESSOR, EXCEPT FOR THE INSTALLATION Of RADIO EQUIPMENT, RED LIGHT. AND A SIREN. VI IN THIS AGREEMENT WHERE 'IT" IS USED, WHEN 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 KANAGER, COURTERSIGNED 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. 1955. ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM NOVEMBER , 1955: CITY ATTORNEY CITY OF CORPUS CHRISTI. TEXAS BY CITY MANAGER COUNTERSIGNEES: CITY CONTROLLER ED HOFFMAN MOTORS, A CORPORATION BY LESSOR, ED HOFFMAN. PRESIDENT, ED HOFFMAN MOTORS, A CORPORATION Corpu % Christi, 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; 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'.0 THE CITY OF CORPUS CHRISTI, TEXAS The Charter Rule was suspended by the following vote: Farrell D. Smith Minot Cull! .a W. J. Roberts B. E. Bigler Manuel P. Maldonado�� The above ordinance was passed by the following vote: Farrell D. Smithy i--1 Minor Cullit W. J. Roberts s B, E. Bigler Manuel P. Maldonado _