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2005-010-RES LEASE PURCHASE AGREEMENT BETWEEN CITY OF PARIS AND CHRISTIANS IN ACTION, INC. RESOLUTION NO. 2005-010 A RESOLUTION OF THE CITY COUNCIL OF, THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING A LEASE-PURCHASE AGREEMENT BY AND BETWEEN THE CITY OF PARIS AND CHRISTIANS IN ACTION, INC. FOR THE LEASE-PURCHASE OF A SURPLUS CITY VEmCLE TO BE USED IN A PILOT PROGRAM OF RECYCLING RESIDENTIAL WASTE MATERIAL; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris, Paris, Texas, finds and determines the successful operation of a residential trash and garbage recycling service within the city limits of the City of Paris would be beneficial to the City of Paris by removing such recycled elements from the residential trash and garbage hauled by the City's trash removal crews; and, WHEREAS, by removing said recyclable items, the City's landfill cost will be lowered based on the volume of recyclable materials removed; and, WHEREAS, the City finds and determines that recycling residential waste material is beneficial to the environment, promotes the City's ongoing junk, litter, and trash removal program, and is consistent with the City's ongoing cleanup program known as Keep Paris Beautiful; and, WHEREAS, the City Council finds that the operation of a trash recycling service by a private non-profit entity on a pilot program basis would benefit the general public as described herein, would promote the health, safety, and welfare of the citizens of the City of Paris, and would therefore serve a public purpose to the citizens of the City of Paris; and, WHEREAS, Christians in Action, Inc., a non-profit entity, which specializes in providing a productive environment for citizens in need of the opportunity to work within the community, has made a proposal to the City of Paris to operate a pilot program to recycle various materials commonly found in residential trash and waste, consistent with the current ongoing programs of Christians in Action in recycling cardboard, newspapers, and other discarded materials; and, WHEREAS, in support of said pilot program, Christians in Action has requested the City of Paris to sell by lease-purchase, a 1979 Chevrolet one-ton truck, previously declared as surplus by the City of Paris, on such terms and conditions as the City and Christians in Action shall agree; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That a Lease-Purchase Agreement, by and between the City of Paris and Christians in Action, Inc. for the lease and sale of a surplus City vehicle, on such terms and conditions and as the same is described in a copy of said Agreement attached hereto and for all purposes incorporated herein, shall be and is hereby in all things approved, and the Mayor is hereby authorized to execute and the City Clerk to attest to the aforesaid Agreement. Section 3. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 10th day of January, 2005. ATTEST: L2~~ Sherian Dixon, Assistant City Clerk t. STATE OF TEXAS } COUNTY OF LAMAR } KNOW ALL MEN BY THESE PRESENTS: LEASE-PURCHASE AGREEMENT WHEREAS, the City Council of the City of Paris, Paris, Texas, finds and determines the successful operation of a residential trash and garbage recycling service within the city limits of the City of Paris would be beneficial to the City of paris by removing snch recycled elements from the residential trash and garbage hauled by the City's trash removal crews; and, WHEREAS, by removing said recyclable items, the City's landfill cost will be lowered based on the volume of recyclable materials removed; and, WHEREAS, the City finds and determines that recycling residential waste material is beneficial to the environment, promotes the City's ongoing junk, litter, and trash removal program is consistent with the City's ongoing cleanup program known as Keep Paris Beautiful; and, WHEREAS, the City Council finds that the operation of a trash recycling service by a private non-profit entity on a pilot program basis wonld benefit the general public as described herein, would promote the health, safety, and welfare of the citizens of the City of Paris, and would therefore serve a public purpose to the citizens of the City of Paris; and, WHEREAS, Christians in Action, Inc., a non-profit entity, which specializes in providing a productive environment for citizens in need of the opportunity to work within the community, has made a proposal to the City of Paris to operate a pilot program to recycle various materials commonly found in residential trash and waste, consistent with the current ongoing programs of Christians in Action in recycling cardboard, newspapers, and other discarded materials; and, WHEREAS, in support of said pilot program, Christians in Action has requested the City of paris to sell by lease-purchase, a 1979 Chevrolet one-ton truck, previously declared as surplus by the City of Paris, on such terms and conditions as the City and Christians in Action shall agree; NOW, THEREFORE, IN CONSIDERATION OF THESE PREMISES, the City of Paris, a municipal corporation and home rule city with offices located at City Hall, 135 S. E. First Street, Paris, Lamar County, Texas, hereinafter referred to as "City", and Christians in Action, Inc., a non-profit corporation with its offices located at 410 Clarksville, Paris, Lamar County, Texas, hereinafter referred to as "CIA Inc", agree as follows: 1. The City agrees to sell to CIA Inc one each 1979 Chevrolet one-ton truck, motor vehicle identification no. CCT339Jl34355, on a lease-purchase basis on terms and conditions as herein set out. EXHIBIT A \ , 2. CIA Inc agrees that the aforesaid vehicle win be used in the performance of a pilot program of residential trash recycling of various designated residential waste materials as described in said program, and on such terms and conditions as shall be mutually agreeable between the City and CIA Inc. 3. That the aforesaid truck sha1l be purchased by CIA Inc. on a lease-purchase basis, the aforesaid truck having an appraised and agreed value of $1,000.00 payable to the City under said lease-purchase arrangement in five equal monthly insta11roents of$166.66, with the fiual and sixth monthly payment of $166.70, with each payment due and payable beginning lanuary 30, 2005, and continuing on the 30" day of each month thereafter with the fina1 payment being due and payable on lune 30, 2005. The parties further agree that should CIA Inc. desire to terminate the pilot recycling service for any reason, before the end of the six (6) month term of the lease purchase agreement as described herein, then the truck shall be returned to the City of Paris, all payments made by CIA Inc. to the date of return of the vehicle shall be retained by the City of Paris, but CIA Inc. shall no longer be obligated for the remainder of the payments as described herein. 4. That the City of Paris sball transfer title to and possession of the aforesaid vehicle to CIA Inc. within ten (10) days of the fmal execution of this agreement by both parties, with the City of paris retaining a first lien on the title of said vehicle until such time as the full amount of the lease payments as provided herein are paid, at which point the City shall convey clear title of the vehicle to CIA Inc. 5. That during the term of this Lease-Purchase Agreement, CIA Inc sball maintain fun and adequate liability insurance, in amounts and subject to such conditions as the City and CIA Inc. shall agree, and that the City sball be named as an additional insured on said policy during the term of this Lease-Purchase Agreement. 6. That CIA Inc. shall and does hereby agree to indemnify and hold harmless the City ofParis, its officers, agents, employees and elected public officials against any and all claims, including persoual injury and property damage claims, or any other claim arising in tort, contract, or otherwise, including claims of negligence, inientioual acts, or other asserted claims, arising out of or associated with this Lease-Purchase Agreement, the transfer or use of the vehicle specified herein, the use of said vehicle in said pilot recycling program, or otherwise. 7. CIA Inc. agrees and acknowledges its obligation to utilize the vehicle as described herein in full conformance with all state and local laws and ordinances as the same shall apply. 8. CIA Inc. covenants and agrees that in the use of the vehicle as described hereunder CIA Inc. shall not be considered an agent, representative, employee, or otherwise directly associated with the City of Paris, but sball for all purposes be considered an independent contractor and purchaser at will. EXECUTED this day of ATTEST: Sherian Dixon, Assistant City Clerk APPROVED AS TO FORM: ,2005. Larry W. Schenk, City Attorney ATTEST: Curtis Fendley, Mayor CHRISTIANS IN ACTION, INC. By: