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R-96-07-25-10A - 7/25/1996Attest: J' N NE LAND, City Secretary ( ty of Round Rock, Texas R \ WPD OCS \RESOLVfI \R560725A.NPD /ecg RESOLUTION NO. R- 96- 07- 25 -10A WHEREAS, the Round Rock Volunteer Fire Department provides valuable back -up assistance to the City of Round Rock's paid fire department; and WHEREAS, the City wishes to provide financial assistance to the Round Rock Volunteer Fire Department in consideration of the services provided by the Volunteer Fire Department; Now Therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council hereby authorizes the City to provide financial support to the Round Rock Volunteer Fire Department in the form of assisting in financing the purchase of a fire truck. RESOLVED this 25th day of July, 1996. CHARLIE CU 'PER, Mayor City of Round Rock, Texas Date: Autus-r a"1 Debtor's Mailing Address: SECURITY AGREEMENT 203 Commerce Round Rock Williamson County, Texas 78664 , 1996 Debtor: Round Rock Volunteer Fire Department Secured Party: City of Round Rock, Texas Secured Party's Mailing Address (including county): 221 E. Main St. Round Rock Williamson County, Texas 78664 Classification of Collateral: Equipment Collateral (including all accessions): 1997 Ford F800 Fire Truck - VIN# 1FDYF8OCXVVA23513 Obligation Amount: Thirty Thousand and no /100 Dollars ($30,000.00) Maker: Round Rock Volunteer Fire Department Payee: City of Round Rock, Texas Final Maturity Date: October 1, 1998 Terms of Payment: $7,500.00 Semi - annually (every six months) for Two Years, First Payment Due on April 1, 1997 Note Date: Other Obligation: None Debtor's Representation Concerning Location of Collateral: 203 Commerce, Round Rock, Williamson County, Texas 78664 Subject to the terms of this agreement, Debtor grants to Secured Party a security interest in the collateral and all its proceeds to secure payment and performance of Debtor's obligation SECURITY AGREEMENT - PAGE 1 A • \CORAVFD2.WPD /clb SEPT 'm3a, 19 , 1996 in this security agreement and all renewals and extensions of any of the obligation. Debtor's Warranties 1. Financing Statement. Except for that in favor of Secured Party, no financing statement covering the collateral is filed in any public office. 2. Ownership. Debtor owns the collateral and has the authority to grant this security interest. Ownership is free from any setoff, claim, restriction, lien, security interest, or encumbrance except this surety interest and liens for taxes not yet due. 3. Fixtures and Accessions. None of the collateral is affixed to real estate, is an accession to any goods, is commingled with other goods, or will become a fixture, accession, or part of a product or mass with other goods except as expressly provided in this agreement. 4. Financial Statements. All information about Debtor's financial condition provided to Secured Party was accurate when submitted, as will be any information subsequently provided. Debtor's Covenants 1. Protection of Collateral. Debtor will defend the collateral against all claims and demands adverse to Secured Party's interest in it and will keep it free from all liens except those for taxes not yet due and from all security interests except this one. The collateral will remain in Debtor's possession or control at all times, except as otherwise provided in this agreement. Debtor will maintain the collateral in good condition and protect it against misuse, abuse, waste, and deterioration except for ordinary wear and tear resulting from its intended use. 2. Insurance. Debtor will insure the collateral in accord with Secured Party's reasonable requirements regarding choice of carrier, casualties insured against, and amount of coverage. Policies will be written in favor of Debtor and Secured Party according to their respective interests or according to Secured Party's other requirements. All policies will provide that Secured Party will receive at least ten days' notice before cancellation. and the policies or certificates evidencing them will be provided to Secured Party when issued. Debtor assumes all risk of loss and damage to the collateral to the extent of any deficiency in insurance coverage. Debtor irrevocably appoints Secured Party as attorney -in -fact to collect any return, unearned premiums, and proceeds of any insurance on the collateral and to endorse any draft or check deriving from the policies and made payable to Debtor. SECURITY AGREEMENT - PAGE 2 3. Secured Party's Costs. Debtor will pay all expenses incurred by Secured Party in obtaining, preserving, perfecting, defending, and enforcing this security interest or the collateral and in collecting or enforcing the note. Expenses for which Debtor is liable include, but are not limited to, taxes, assessments, reasonable attorney's fees, and other legal expenses. These expenses will bear interest from the dates of payments at the highest rate stated in notes that are part of the obligation, and Debtor will pay Secured Party this interest on demand at a time and place reasonably specified by Secured Party. These expenses and interest will be part of the obligation and will be recoverable as such in all respects. 4. Additional Documents. Debtor will sign any papers that Secured Party considers necessary to obtain, maintain, and perfect this security interest or to comply with any relevant law. 5. Notice of Changes. Debtor will immediately notify Secured Party of any material change in the collateral; change in Debtor's name, address, or location; change in any matter warranted or represented in this agreement; change that may affect this security interest; and any event of default. 6. Use and Removal of Collateral. Debtor will use the collateral primarily according to the stated classification unless Secured Party consents otherwise in writing. Debtor will not permit the collateral to be affixed to any real estate, to become an accession to any goods, to be commingled with other goods, or to become a fixture, accession, or part of a product or mass with other goods except as expressly provided in this agreement. 7. Sale. Debtor will not sell, transfer, or encumber any of the collateral without the prior written consent of Secured Party. Rights and Remedies of Secured Party 1. Generally. Secured Party may exercise the following rights and remedies either before or after default: a. take control of any proceeds of the collateral; b. release any collateral in Secured Party's possession to any debtor, temporarily or otherwise; c. take control of any funds generated by the collateral, such as refunds from and proceeds of insurance, and reduce any part of the obligation accordingly or permit Debtor to use such funds to repair or replace damaged or SECURITY AGREEMENT - PAGE 3 2. Insurance. If Debtor fails to maintain insurance as required by this agreement or otherwise by Secured Party, then Secured Party may purchase single- interest insurance coverage that will protect only Secured Party. If Secured Party purchases this insurance, its premiums will become part of the obligation. Events of Default destroyed collateral covered by insurance; and d. demand, collect, convert, redeem, settle, compromise, receipt for, realize on, sue for, and adjust the collateral either in Secured Party's or Debtor's name, as Secured Party desires. Each of the following conditions is an event of default: 1. if Debtor defaults in timely payment or performance of any obligation, covenant, or liability in any written agreement between Debtor and Secured Party or in any other transaction secured by this agreement; 2. if any warranty, covenant, or representation made to Secured Party by or on behalf of Debtor proves to have been false in any material respect when made; 3. if a receiver is appointed for Debtor or any of the collateral; 4. if the collateral is assigned for the benefit of creditors or, to the extent permitted by law if bankruptcy or, insolvency proceedings commence against or by any of these parties: Debtor; any partnership of which Debtor is a general partner; and any maker, drawer, acceptor, endorser, guarantor, surety, accommodation party, or other person liable on or for any part of the obligation; 5. if any financing statement regarding the collateral but not related to this security interest and not favoring Secured Party is filed; 6. if any lien attaches to any of the collateral; and 7. if any of the collateral is lost, stolen, damaged, or destroyed, unless it is promptly replaced with collateral of like quality or restored to its former condition. Remedies of Secured Party on Default During the existence of any event of default, Secured Party may declare the unpaid principal and earned interest of the SECURITY AGREEMENT - PAGE 4 obligation immediately due in whole or part, enforce the obligation, and exercise any rights and remedies granted by chapter 9 of the Texas Business and Commerce Code or by this agreement, including the following: 1. require Debtor to deliver to Secured Party all books and records relating to the collateral; 2. require Debtor to assemble the collateral and make it available to Secured Party at a place reasonably convenient to both parties; 3. take possession of any of the collateral and for this purpose enter any premises where it is located if this can be done without breach of the peace; 4. sell, lease, or otherwise dispose of any of the collateral in accord with the rights, remedies, and duties of a secured party under chapters 2 and 9 of the Texas Business and Commerce Code after giving notice as required by those chapters; unless the collateral threatens to decline speedily in value, is perishable, or would typically be sold on a recognized market. Secured Party will give Debtor reasonable notice of any public sale of the collateral or of a time after which it may be otherwise disposed of without further notice to Debtor; in this event, notice will be deemed reasonable if it is mailed, postage prepaid, to Debtor at the address specified in this agreement at least ten days before any public sale or ten days before the time when the collateral may be otherwise disposed of without further notice to Debtor; 5. surrender any insurance policies covering the collateral and receive the unearned premium; 6. apply any proceeds from disposition of the collateral after default in the manner specified in chapter 9 of the Texas Business and Commerce Code, including payment of Secured Party's reasonable attorney's fees and court expenses; and 7. if disposition of the collateral leaves the obligation unsatisfied, collect the deficiency from Debtor. General Provisions 1. Parties Bound. Secured Party's rights under this agreement shall inure to the benefit of its successors and assigns. Assignment of any part of the obligation and delivery by Secured Party of any part of the collateral will fully discharge Secured Party from responsibility for that part of the collateral. If Debtor is more than one, all their representations, warranties, and agreements are joint and several. Debtor's obligations under this agreement shall bind Debtor's personal representatives, successors, SECURITY AGREEMENT - PAGE 5 and assigns. 2. Waiver. Neither delay in exercise nor partial exercise of any of Secured Party's remedies or rights shall waive further exercise of those remedies or rights. Secured Party's failure to exercise remedies or rights does not waive subsequent exercise of those remedies or rights. Secured Party's waiver of any default does not waive further default. Secured Party's waiver of any right in this agreement or of any default is binding only if it is in writing. Secured Party may remedy any default without waiving it. 3. Reimbursement. If Debtor fails to perform any of Debtor's obligations, Secured Party may perform those obligations and be reimbursed by Debtor on demand at the place where the note is payable for any sums so paid, including attorney's fees and other legal expenses, plus interest on those sums from the dates of payment at the rate stated in the note for matured, unpaid amounts. The sum to be reimbursed shall be secured by this security agreement. 4. Interest Rate. Interest included in the obligation shall not exceed the maximum amount of nonusurious interest that may be contracted for, taken, reserved, charged, or received under law; any interest in excess of that maximum amount shall be credited to the principal of the obligation or, if that has been paid, refunded. On any acceleration or required or permitted prepayment of the obligation, any such excess shall be canceled automatically as of the acceleration or prepayment or, if already paid, credited on the principal amount of the obligation or, if the principal amount has been paid, refunded. This provision overrides other provisions in this and all other instruments concerning the obligation. 5. Modifications. No provisions of this agreement shall be modified or limited except by written agreement. 6. Severability. The unenforceability of any provision of this agreement will not affect the enforceability or validity of any other provision. 7. After - Acquired Consumer Goods. This security interest shall attach to after - acquired consumer goods only to the extent permitted by law. 8. Applicable Law. This agreement will be construed according to Texas laws. 9. Place of Performance. This agreement is to be performed in the county of Secured Party's mailing address. 10. Financing Statement. A carbon, photographic, or other SECURITY AGREEMENT - PAGE 6 reproduction of this agreement or any financing statement covering the collateral is sufficient as a financing statement. 11. Presumption of Truth and Validity. If the collateral is sold after default, recitals in the bill of sale or transfer will be prima facie evidence of their truth, and all prerequisites to the sale specified by this agreement and by chapter 9 of the Texas Business and Commerce Code will be presumed satisfied. 12. Singular and Plural. When the context requires, singular nouns and pronouns include the plural. 13. Priority of Security Interest. This security interest shall neither affect nor be affected by any other security for any of the obligation. Neither extensions of any of the obligation nor releases of any of the collateral will affect the priority or validity of this security interest with reference to any third person. 14. Cumulative Remedies. Foreclosure of this security interest by suit does not limit Secured Party's remedies, including the right to sell the collateral under the terms of this agreement. All remedies of Secured Party may be exercised at the same or different times, and no remedy shall be a defense to any other. Secured Party's rights and remedies include all those granted by law or otherwise, in addition to those specified in this agreement. 15. Agency. Debtor's appointment of Secured Party as Debtor's agent is coupled with an interest and will survive any disability of Debtor. 16. Attachments Incorporated. The addendum indicated below is attached to this agreement and incorporated into it for all purposes: A. Note Secured By This Security Agreement The obligation represents cash that Secured Party advanced at Debtor's request to Debtor, who used it to purchase the collateral, and this security interest is a purchase -money security interest. SECURITY AGREEMENT - PAGE 7 ROUND ROCK VOL EER FIRE DEPARTMENT By Name: Title: SECURITY AGREEMENT - PAGE 8 Attest: By: X11. K- ,��a /e�r- Name: /! ,Q_ ,g5c8 / Title `��EJ1S!/t'E PREPARED IN THE OFFICE OF: SHEETS & CROSSFIELD, P.C. 309 East Main Street Round Rock, Texas 78664 (512) 255 -8877 (512) 255 -8986 Fax Date: NOTE (Secured by Security Agreement) A u Gu s-r ` , 1996 Maker: Round Rock Volunteer Fire Department Maker's Mailing Address: 203 Commerce Round Rock Williamson County, Texas 78664 Payee: City of Round Rock, Texas Place for Payment (including county): 221 E. Main St. Round Rock Williamson County, Texas 78664 Principal Amount: Thirty Thousand and no /100 Dollars ($30,000.00) Annual Interest Rate on Unpaid Principal from Date: 0.00 Percent Per Annum Annual Interest Rate on Matured, Unpaid Amounts: 0.00 Percent Per Annum Terms of Payment: The principal is payable in four (4) semi - annual installments of Seven Thousand Five Hundred and no /100 Dollars ($7,500.00) each, due on the 1st day of April and the 1st day of October of each year, beginning on April 1, 1997 and continuing regularly until the principal has been paid. The schedule of payments due pursuant to this note are set out in Exhibit "A" which is attached hereto and incorporated herein for all purposes. Maker may prepay all or any part of the principal of this note before maturity without penalty. Prepayments shall be applied to installments on the last maturing principal. Security for Payment: A Security Interest Created and Granted in the Following Security Agreement: Date: 86PT6-m6e2 19 , 1996 Debtor: Round Rock Volunteer Fire Department Secured Party: City of Round Rock, Texas County Where Collateral Located: Williamson County, Texas NOTE (Secured by Security Agreement) - PAGE 1 R. \CORRVFD1.14PD /Olb Collateral: 1997 Ford F800 Fire Truck VIN# 1FDYF8OCXVVA23513 Other Security for Payment: None Maker promises to pay to the order of Payee at the place for payment and according to the terms of payment the principal amount plus interest at the rates stated above. All unpaid amounts shall be due by the final scheduled payment date. If Maker defaults in the payment of this note or in the performance of any obligation in any instrument securing or collateral to it, and the default continues after Payee gives Maker notice of the default and the time within which it must be cured, as may be required by law or by written agreement, then Payee may declare the unpaid principal balance and earned interest on this note immediately due. Maker and each surety, endorser, and guarantor waive all demands for payment, presentations for payment, notices of intention to accelerate maturity, notices of acceleration of maturity, protests, and notices of protest, to the extent permitted by law. If this note or any instrument securing or collateral to it is given to an attorney for collection or enforcement, or if suit is brought for collection or enforcement, or if it is collected or enforced through probate, bankruptcy, or other judicial proceeding, then Maker shall pay Payee all costs of collection and enforcement, including reasonable attorney's fees and court costs, in addition to other amounts due. Reasonable attorney's fees shall be 10 % of all amounts due unless either party pleads otherwise. Interest on the debt evidenced by this note shall not exceed the maximum amount of nonusurious interest that may be contracted for, taken, reserved, charged, or received under law; any interest in excess of that maximum amount shall be credited on the principal of the debt or, if that has been paid, refunded. On any acceleration or required or permitted prepayment, any such excess shall be canceled automatically as of the acceleration or prepayment or, if already paid, credited on the principal of the debt or, if the principal of the debt has been paid, refunded. This provision overrides other provisions in this and all other instruments concerning the debt. Each Maker is responsible for all obligations represented by this note. When the context requires, singular nouns and pronouns include the plural. If any installment becomes overdue for more than ten days, at Payee's option five (5) cents may be charged for each dollar overdue in order to defray the expense of handling the delinquent NOTE (Secured by Security Agreement) - PAGE 2 payment. Maker promises to pay to the order of Payee at the place for payment and according to the terms of payment the principal amount plus interest at the rates stated above. All unpaid amounts shall be due by the final scheduled payment date. ROUND ROCK VOL EER FIRE DEPARTMENT owl By: Name: Title: NOTE (Secured by Security Agreement) - PAGE 3 PREPARED IN THE OFFICE OF: SHEETS & CROSSFIELD, P.C. 309 East Main Street Round Rock, Texas 78664 (512) 255 -8877 (512) 255 -8986 Fax Payment Due Date April 1, 1997 October 1, 1997 April 1, 1998 October 1, 1998 R: \CORRVPD9.WPD /clb EXHIBIT "A" Payment Schedule Amount of Payment $7,500.00 $7,500.00 $7,500.00 $7,500.00 Balance Remaining After Payment $30,000.00 $22,500.00 $15,000.00 $7,500.00 $0.00 City of Round Rock 221 East Main St. Round Rock, Tx. 78664 David Kautz, Round Rock Volunteer Fire Dept. June 23, 1996 We are pursuing the purchase of a new tanker for the department and need assistance with the financing. The estimated cost of the completed apparatus is $80,000 for which we need a two year loan in the amount of$30,000. We appreciate the City's willingness to provide this loan interest fee. We have ordered a Ford F800 diesel power chassis with a factory built crew cab on State Contract through Leif Johnson Ford for $38,112. The detail description is attached. For the tank we arc contracting with Westex Welding Co. to build a custom 1500 gallon tank with pump and compartments for approximately $30,000. Initial specs are also attached. Once complete a copy of the finalized specs will be made available to you. In addition, we plan to purchase about 812,000 worth of equipment to outfit the apparatus. As discussed, we are willing to put up the apparatus as collateral and as requested we will provide you with the Vehicle Identification Number as soon as available. The chassis is scheduled for delivery the end ofJuly. is it possible to have the loan by that time? Please get back with Chief Mike Wood, 244 -3801, Captain Butch Smith, 244 -1207, or me at home, 255 -5410 or at work 838 -8267 for any further information or documentation that may be required. 'thank you in advance for the loan. We will be awaiting the loan agreement. Sincerely. Ed i van, Asst. Chief DATE: July 23, 1996 SUBJECT: City Council Meeting, July 25, 1996 ITEM: 10. A. Consider a resolution authorizing the financing of a tanker truck for the Round Rock Volunteer Fire Department. STAFF RESOURCE PERSON: David Kautz As indicated on the attached request, the Round Rock Volunteer Fire Department (RRVFD) desires to borrow $30,000 from the City to aid in the purchase of a complete tanker apparatus valued at approximately $80,000. The terms requested by the RRVFD are summarized below: Loan Amount: $30,000.00 Term: 2 years, monthly or semi - annual payments Interest rate: 0 % Collateral 1997 Ford F800 truck The City has made a similar loan to the RRVFD in the past (1991). That loan has been repaid in full.