Loading...
HomeMy WebLinkAboutResolution - 081061G - CM Authorized To Execute Rental-Purchase Contract For Dumpmaster Container Sales - 08_10_1961 RESOLUTION WHEREAS, the City Commission has heretofore determined that the sale of Dumpmaster containers to individuals and/or business establishments having ^ ' a consistently large volume of garbage and other refuse matter would have an essential, expedient and beneficial effect toward improving the speed, economy and efficiency of municipal garbage collection and disposal; and in the best interests of the health and safety of the citizens of the City of Lubbock; and, WHEREAS, the City Commission finds it necessary and expedient to have the execution of the Rental-Purchase Contracts of such containers executed by an administrative officer of the City; NOW THEREFORE: BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. THAT the Manager is hereby n o authorized and directed, for an behalf o the CiVof Lubbock, to execute all Rental-Purchase Contracts for the sale of Dumpmaster containers to individuals and business establishments having a consistently large volume of garbage and other refuse matter, such contracts to be in the form and subject to all condi- tions and limitations of that Contract form attached hereto, to which reference is here made for all purposes. SECTION 2. THAT the Cit Manager is hereby authorized and directed, for an on behalf of the City of Lubbock, to execute a bill of sale to all purchasers who may desire it, who have completed purchase of a Dumpmaster container either under the terms of that Contract hereinabove described, or by purchase through payment of the full purchase price set out in such Contract in one lump sum. The form of such Bill of Sale shall be subject to approval of the City Attorney. SECTION 3. THAT the City Secretary-Treasurer is hereby authorized and directed to attest the signature of such official in such Contracts and/or Bills of Sale, affixing the seal of the City of Lubbock thereto. �0 t�VID C. CASEY�Mayor ---.~' ATT T: form AWdvsd i �[LL�LaVenia o i ec T City AttamY. Lwe, Ct Sretar - r easurer RENTAL-PURCHASE CONTRACT ti- WHEREAS,-the City Commission of the City of Lubbock has heretofore determined that the sale of Dumpmaster contaiaars to individuals and/or business establishments hawing a consistently large volume of gaibage and other refuse matter wo;ald have an essential, expedient and beneficial effect toward improving the speed, economy and efficiency of :municipal garbage collection and disposal; and. WHEREAS, the person, firm or cozposation hereinafter designated as "Purchaser" is desirous of purchasing such Dumpmaster container(s); NOW THEREFORE: WITN.ESSETH THAT the City of Lubbock, a Home Rule Municipal Corporation of Lubbock County. Texas, acting herein by and through its City Manager as heretofore duty authorized by Resolution of its City Commission, hereinafter called "City", and hereinafter called "Purchaser", have this day made and entered into the following memorandum and agreement, to-wit: THAT City, in consideration of the following obligations 'vindett*kea by Purchaser, does hereby promise and agree to sell to Purchaser Dumpmaster container(a) in the following number and size: such container (a) to be sold in accordance with the following rate schedulei Container Cash Down Payment Monthly size Price Required Payment I cubic yard $175.00 $17.00 $14.00 Z cubic yards Z50.00 25.00 Z0.00 3 cubic yards 300.00 30.00 Z4.00 4 cubic yards 350.00 35.00 Za.00 6 cubic yards 450.00 45.00 36.00 6 cubic yards $50.00 55.00 44.00 IZ THAT Purchaser does hereby promise and agree to pay to City, at its Auditing Department at City Hall. in Lubbock, Lubbock County, Texas. for such Durapmaster container(s) as follows: The sum of DOLLARS, down payment, cash inLhand paid to the City of Lubbock. the receipt of which is hereby acknowledged and confessed, and the further consideration of r twelve consecutive monthly payments, each in the sum of DOLLARS, the first of said equal installments being due and payable on or before the 1 st day of , 19-, and a like installment due and payable on the 1st day of each of the eleven (11) consecutive months thereafter. (Such: installments being the balance due on the cash price of such container(s) with interest thereon at six(6%) per cent per annum rounded off to the even dollars, all as shown by the rate schedule shown above, which schedule controls.) W. THAT it shall be the obligation of Purchaser to make all such monthly payments at the times and place required without any further notice from City that such payments are due. 1V. THAT the down payment and all monthly installment payments made by Purchase3 as above provided, shall be construed as rental payments until all such installments are paid in full, at which time the Dumpmaster container(s) ,shall become the sole property of Purchaser, and at such time City shall. if Purchaser desires. issue Purchaser a bill of sale for such Dumpmaster container(s) in such form as may be approved by its City Attorney. V. THAT in the event of default by Purchaser in any payment required by this Instrument, or upon Purchaser's breach of any other duty, obligation, covenant or condition herein contained, City may declare this agreement terminated, and take possession of the Dumpmaster container(s) involved, and in such event no part of the down payment or any of the installments theretofore trade by Purchaser shall in any way be construed as returnable to Purchaser and will be retained by City as stipulated and agreed rental to date of default. THAT all costs of upkeep, maintenance and repair of such Dumpmaster container(s), both during the life of this agreement and after payment in full by Purchaser, shall bathe sole responsibility of Purchaser. without any participation in such costs by City to any extent under any circumstances. Purchaser further agrees that such Dumpmaster containers) shall at all times be maintained in such state of repair as to enable City Sanitation Department crews to quickly and safely attach such container(s) to the Dempster Dumpmaster Hoisting and Packer Vehicle. Purchaser shall be responsible to maintain such container(s) in a safe and sanitary condition and location, such point or points to be easily 4cessable to Sanitation Department vehicles, and in conformity with all laws of the State of Texas and ordinances of the City of Lubbock, and all health and/or sanitation department rules and regulations made thereunder. IN TESTIMONY OF THE ASSENT OF ALL PARTIES HERETO, we hereby subscribe our names, this the day of , 1961. CITY OF LUBBOCK, TEXAS, "CITY" A T T ES T s Byt CITY MANAGER CITY SECRETARY TREASUPERF —­ .�.__-------------------------- AT T EST a 4 Note: 1. Individuals or owners of sole proprietorships may sign for them- pelves, setting out the business or firm name underwhich they operate. E. Any of the general partners may sign for a partnership. 8. The presidout or any general vice-president or other authorized in- dividual may sign for a corporation; but in such ease the instrument shall be attested by the proper corporate officer and the corporate seal affixed. 4. The came of the business, if any, shall be typed or printed above the signature of the person signing. and in appropriate cases the title of the signer shall be typed or printed after his name.