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HomeMy WebLinkAboutORD 1-DEntitled an ordinance amending an ordinance"entitled an ordinance amending an ordinance entitled = .ordinance -authorizing and directing the Idayor and City Manager.of.the City of Beaumont to close the contract to purchase from the Nye Odorless Crematory Company, of Macon, Ga.,, t;ao single unit standard brick Incinerators, on'th.e terms and conditions, 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 obligations of said city for'the purchase of said incinerators, prescribing the form and the terms and cnnditions of -said obligations; creating an interest and sinking fund for the retirement of'said obligations, and providing that said ordinance shall take effect on the date of its -passage . " WHEREAS, under the terms of the ordinancepassed on the 31st. dlay of- T;Iay, 1921, mentioned; in the above and foregoing caption hereof, the Mayor and the City Man=:ger of the City of Beaumont were authorized and directed to purchase two single unit standard brick incinerators from the IVye Odorless Crematory Company, a corporation of Bibb County, Georgia, and triere authorized- and directed -to execute and deliver certain notes in said ordinance—s- t out and described, in part payment for said incinerators, the s me to be executed and delivered .in accordance with the terms of the con -tract dated/lvla.y 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,c—ma. under which contract the City .of Beaumont agreed to furnish sites upon which to construct said incinerators; and VIHER EAS,'the said Crematory Company completed and delivered one of said units and placed the same in operation, in_ a-ccordanc-e_ wi.th_-the__terms of,.said_ c-ontra_ct,_ and were ready, able and willing to begin the, construction of the other unit, but were prevented from so doing by an, injunction issued out of the 60th. District Court of Jefferson County, Texas, and for that reason the City -of Beaumont agreed to and did make the cash payment'. provided for in said contract, in the sum of Five Thousand ($5000.00) Dollars, and' -executed the first of the notes provided for in said contract and in said -ordinance of May, 31st, -1921, 2,. v. it being understood -that the remaining,two notes for Five Thousand ($5000.001) Do7_la-rs . and'.Fo;ur Thousand Five ` Hundred (44500.00) Dollars respectively,, Were to be executed and delivered on -'completion of said -second unit, which said matters and amendments were set forth and provided for in an emendatory ordinance of the day of September,' A. D.- 1921; and �Vl ERE S, the., injunction above mentioned .is still in force ani. it•'has developed and been determined by. the CityCommission . of the City of Beaumont that the second unit above, re.ferred-to, not yet,built', on account of said injunction,,'. would -be inadeauat'e.." and- insufficient, with'the other single, unit incii-ierator already established -and in operation, to properly take care of.,the garbage - of :the city, and, the city commission, by negotiating with the said ITye odorless Crematory '.Company for another unit having double ' the . capacity of -,said second unit, finds that by the expenditure of -only- F ve' Thousand, -Five --Hundred" ($5500:00) DoI`lars-additional,' . - .another unit of double .said- capacity may be purchased; making' the total .'consideration for the. single- unit and -the double unit incinerators Twenty-f,ive .Thousand ($25000:00), Dollars, instead of Nineteen Thousand rive' Hund ed ( ;19500.00 )­ Dollars, the balance of the purchase price not already taken -:'care of, towit,. Fifteen, Thousand ,( �p15000.00 )` Dollars, to be paid in three -equal :install=' ments, of. Five .Thousand ($5000.00) Dollars each, payable 2, 3 and, -4 .years after, date, at 6% interest; and WHEREAS, the City Commission, after due consideration of the. matte -r; has decided than it' is for .the public interest than the foregoing arrangement be consummated,, and that the larger- unit arger-unit of incinerators, be purchased and installed -instead of the smaller one: Now'Therefore,-.the, said ord1n..an'ce of ,date the �% day of September, 'A. D..1921-, entitled "an ordinance amending. an ordinance-,autho.-riz".ng and directing the--Mayo'r and' City Manager of 'the City of.Beaumont,to close -the contract to pu_rcha�se from -the Nye Odorless-Crematory'Company of, j17acon,­. Georgia, tWO* single unit standard brick incinerators, on the terms and conditions 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 obligations of said city for -the purchase of said incinerators; prescribing the form and terms and conditions of the -said obligations; creating an interest and sinking Rind for the retirement of said obligations; and }providing that said ordinance shall take effect on the date of its ,passage" be and the same is hereby amended, so that the sarile shall hereafter be -and read as follows: BE IT ORDAINED BY THE CITY C0I'V24ISSION OF TEE CITY OF BEAU10NT: Section 1. That the, Iiayor ,and City I;1Ianager of the City of Beaumont be, and they are hereby -.authorized and directed to purchase two Single Unit Standard Brick Incinerators from the Nye Odorless Crematory Cornp4ny, a corporation. of Bibb County, Georgia, whose home office is in the City of hi'acon in said state, one of said units to be plans of design Ido. 5 and 'the other L)lans of design No. 11, the latter to be of a guaranteed capacity Of from eighteen (18) to twenty -dive (25) tons of average city run garbage, trash; waste paper and dead animals per day of twelve hours, the same to be purchased ,on the terms and conditions, and according to the plans and specifications of the bid of said conc.ern and the con- tract executed, on said bid by the parties on Hay. 25th, 1921, and the contract executed by said parties onl-the />�r`day of Novembsr, . 1921, for the total sum of Twenty-five Thousand ($25000.00) Dollars;. and the sum of .Five Thousand Dollars having already been paid to said concern and a note in equal amount having already been executed and delivered to it by the City of Beaumont under said contract of May 25th, 1921, all o'f which is hereby ratified and confirmed, the Mayor and City Clerk are hereby authorized and .°." " . , •._ .. _ a. -Z --lye-/ . directed to execute and deliver to said -Nye Odorless Crematory Company the three certain promissory notes -of .the- city for the sum o f Five -Thousand "($5000.00") Dollars each, bear in in tere st at "the.- rnate of six ,per centum per..annum fronf.date -until p�Lld, to be dated on the, date of the delivery- thereof,. as hereinafter provided, and payable on, or before the day of, ; 19239 the day of , 1924.and' the day of 1925; `the said notes, however,. not to be executed; ' dated or, delivered until 'the completion and del ive'r.y. of the said second ..unit o,f sa.id ncinerators, -in accordance with the terms, of the aforeBaid contract of.. date1 the/.g d;ay of November, A. D. 1921, all of the aforesaid three promi-.ssory notes to be.' made payable at the First National Bank .of .Beaumont Texas, and to be in form,— words and: figures as follows, " save*..and except their execution and " maturity dates, ,t.owit: Y.. FORI'JI "OF NOTE.., N0. 000 oc CITY OF. BEAUMONT. -STATE OF TEXAS.. XNOW ALL ME 1,11 isY, THESE -PR,ESEIM: That the City of Beaumont, in .the; State'of Texas, hereby acknowledges itself to owe, and;,For Value -Received hereby -promises to pay to Nye Odorless Crematory Company, a corporation organized and doing business under the laws of the State ' of Georgia, with'-, its principal office in the'City, of bacon, in said state, 'or -its order, at the Fir-st_National -Sank of Beaumont,Beaumont; ,Texas, the sum of Dollars, _ 'toge-ther with six per centum interest, per annum- from, date until. paid, ..the _ihte:rest payable "semi=annua117,as-it :accrues:, actor°ding to the inter'e st coupons, hereto attached; and • ten per centum of both principal and interest shall be added in the event of .default in the payment of this, note, or any. insta llmHnt of interest when due, and the ` same 'is placed in the hands of an attorney for- ooilection, or suit or any. l.egal� proceeding whatever cis) instituted thereon to collect the same. Iii WITZIESS 'YVHEaEOF, the'. City of- Beaumon't•'has., this the day o,f A. D..192.1a. caused - this note vto� be, signed .by its. P,4ayor.- `arid: attested by its . City Cler-k,; and the corporate . seal of said city to be' affixed 'thereto., (Signed) Mayor of the City of Attest:. Beaumont, Texas. - City Clerk, -City of Beau- mont, Texas. FaRm"'0I'_ INTRr,ST COVYON. Id 0: On the' day of 192the City of Beaumont, State of Texas, will 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 ordinance a.dop'ted on,; the day of _, 19219 "amending an ordi'nan'ce adapted on: the y day of ; 1921., for the purchase of two single unit standard brick incinerators. (Signed} Attest: Mayor, City of Beaumont,, Texas. City Clerk,,City•of Beau=. mont, _Texas.. Section 2. That, for the purpose of paying the interest on the'above described promissory'no ltes, as - well• as the principal. the-r.eof; ' as the .same shell respectively mature, the -re is.here.by levied for the year 1921 -,.,and for each succeeding year- thereafter; as long as the same may be. nec6ssa'r�r to provide for the interest and '.principal on said' notes, 'on all the property in'the City of No Text