Loading...
HomeMy WebLinkAboutORD 93-CAN ORDINANCE Entitled an'Ordinance Amending an Ordinance Entitled "an ordinance authorizing and directing the Mayor and City Manager of the City of Beaumont to close the contract to pur- chase from Nye Odorless Crematory Company, of Macon, Ga., two single unit Standard Brick Incinerators, on the terms and con- ditions and according to the plans and specifications therein provided; authorizing and directing the proper officers of the City to execute and deliver to said concern the gbligations of said city for the purchase of 'said incinerators; --`prescribing the form and terms and conditions of said obligations; creating an interest and sinking fund for the retirement of said obliga- tion; and providing that said ordinance shall take effect'on the date of its passage." WHEREAS, under the terms of an 'Ordinance passed on the 31st of May, 1921, mentioned in -the preamble hereof, the Idayor and the City Manager of the City of Beaumont were authorized and directed to purchase two single unit. Standard Brick Incin- erators from the Nye Odorless Crematory Company, a corporation of Bibb County, Georgia, and were authorized and directed to exe- cute and deliver certain notes in said ordinance set out and des- cribed,in part payment for said incinerators, the same to be exe- cuted and delivered in accordance with the terms of the contract dated May 25th, 1921, with said Nye Odorless Crematory Company, which said contract specified that said notes would be executed and delivered and settlement made, when said incinerators were completed, and under which contract the'City of.Beaumont agreed to furnish a site upon which to construct each of said incinerat- ors; and WHEREAS, the said Nye Odorless Crematory Company has completed and delivered one of said units, and has placed the same in operation in accordance with the t(�,rms of said contract, and is ready to begin the construction of the other unit, but have been prevented from so doing by reason of an injunction issued out of the 60th District Court of Jefferson County,, Tex- as, restraining the City of 'Beaumont, its officers and agents, and said.Nye Odorless Crematory Company from constructing said second unit of said incinerator on the site purchased by the City for that purpose, and it is therefore, impractical to construct said second, unit of such incinerator until the above mentioned injunction suit has been finally disposed of; and WHEREAS, it has been agreed with the said Nye Odor- less Crematory Company,,that ,the City of Beaumont make the cash payment provided for in said contract in the sum of Five Thou' sand(5,000.00)Dollars, and execute the first of the. notes pro- vided for in said contract, and in said Ordinance set out and specified, and that .the City execute and deliver the remaining two -notes on'. completion of the,. second unit of said incinerator; now, therefore, The aforesaid Ordinance of said May 31st,,1921, is hereby amended.'so that it shall hereafter be and read as follows: BE IT ORDAINED BY THE CITY COMIJISSION OF THE CITY OF BEAUIVIONT: Se-ati.on -1.. _ That the Mayor and City Manager of the City of Beau- mont be; and they are hereby authorized and directed to purchase, two single unit .standard Brick Incinerators, from the Nye Odor- less Crematory Company,.a corporation of Bibb County, Georgia, whose -home office.is in the City of Macon in said state, on the terms and conditions and according to 'the plans and specifications of the bid of said- concern,�and the contract executed on said bid by.the City of Beaumont and said concern, dated May 25th, 1921, for the total sum of Nineteen Thousand, Five Hundred($19, 500.00).Dollars, as provided for_'in said: .contract-, Nand. -the Mayor and City Clerk are hereby authori, and directed to pay out of the funds of the City of Beaumont the cash payment of Five Thou- sand ($5,000.00)Dollars, to -the said Nye 'Odorless'Crematory Com- pany, 'as pro.vid'ed in said contract, and are hereby authorized and directed to execute and deliver to said Nye Odorless Crematory Company one,promissory note of.the City of Beaumont, being the first of the notes provided for in saidcontract, bearing in- terest at the rate of six(6o) percentum per annum from date un - Thousand til paid, said note.to be for the.sum of Five,($5,000.00)Dollars, dated daylof 19211, and payable on or before the. day of" 1922, and upon delivery and com- pletion of said second unit of said incinerator in accordance with .the terms of the aforesaid. contract, the, Mayor and City Clerk are hereby authorized and.directed to execute and deliver to said Nye Odorless -Crematory Company the last two promissory notes provided for in said.contract, bearing.interest at. -the rate of six(6o)percentum per annum from date until paid, to be dated as of date of delivery, the said `obligations to be'for the sum of Five Thousand ($5, 000.00 )Dollars and Four: Thousand , Five, Hundred ($4, 500'.00) Dollars," payable ---on"- the -day -of = 1923 and.on the. day of 1924 each respectively, all of the aforesaidthree notes payable at the First Pdational Bank of Beaumont, Texas, and to be in form, words and figures as follows, save.and except their maturity dates and theamounts thereof, to wit: FORM OF -NOTE. N0. • CITY OF BEAUMONT? STATE OF TEXAS..' KNOW. -.ALL MEN BY -THESE .PRESEIC S - - _ - - That ;the City of Beaumont, in the State of Texas, here- by acknowledges itself to owe, and For Value' -Received hereby promises to pay to Nye Odorless Crematory Company, a corporation organized and doing business under thi6 laws of the State of Georgia, with its principal office in the City of Mgcon., in said state, -or its order -,.at the First National Bank of Beaumont,. Beaumont, Texas, the. sum.of. Dollars, together with six (60) percentum interest per annum from date until paid,=,the interest payable semi=annually as it accrues, according to the interest -coupons hereto attached; and ten (loo) percentum of both principal and interest shall be added in the event of default'in the payment ;o -f 'this note, or any installmant of interest when due; and the same is placed in the .hands of an attorney for'c'ollection, or suit or 'any legal proceeding whatever, is instituted thereon to collect the same. IN WITNESS WHEREOF, the City of Beaumont has; this the day'of June, -A. D., 1921, caused this note to be- sign- ed by its Mayor and.'attested by its City Clerk, and the cor- porate seal of said city to be affixed- thereto. (Signed) Mayor of 'the City of Beaum mont, Texas. FORM OF INTEREST COUPON. NO.. On the day of .19 the City of Beaumont, State of Texas, • wi.11 pay' to Nye -Odorless Crematory Company, or its order; at the First National Bank of Beaumont, Beaumont, Texas, ( - )Dollars,' being six 'months' interest on the. promissory note of the said City of Beaumont issued -under an or- dihance adopted on the day.of September., 1921, amending an ordinance adopted on the. 31st day 'of Hay, 1921, for the pur- chase of two. single Unit Standard Brick Incinerators. Mayor, City of Beaumont, Texgs. ATTEST: City.Clerk,-City of Beaumont, Texas. Section 2. That for -the purpose of paying the interest on the ab-uve described promissory notes, as well as the principal thereof, as the same'shall.respectively mature, there is hereby levied for .the year'1921, and.for each succeeding year thereafter as long as the same may be necessary to"provide.the interest'and principal on said notes, .on all property in,the City of Beau- mont subject to taxation, qn ad valorem tax of one cant.four mills (.014) on each $100.00 valuation of all taxable property in the City of Beaumont, and the same shall be so annually assess- ed and collected and applied,.and-said tax, or so much thereof as may be necessary, is hereby levied for each year thereafter while said notes, or any number thereof or the -interest thereon are -outstanding, and the same shall be annually-assessed,collect ed and applied to said purpose., This ordinance shall.;_take effect on the date of its .. . passage. � Passed -this the day of September, A. D. 1921, by the affirmative vote of all, memb,er.s of the City Commission of.the City of Beaumont. Approved this the day of September, A.D. 1921.