HomeMy WebLinkAboutORD 62-DNo Text
0'011TRACT OF, 3ALB-
BY AF; D.I BBTIVVIV7. W., CUMUG1121s.
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BTRATRjO J, IT .'S 116 KID1 RTY1
COUNTY- 01:1 int A =tt -SoN*
'Mrst 'arty agtees to sell to``sCo
e nkl pa#y, and Beco'lid
Tl,,rty acr'es to buy from Kj.,st Par .�y
e he ho `61uafter d scribed
Property for ti-leop-sh purchase price of 00 -,000 .06for the
fi:rSt tract 0--F land and Ff6t000eoo for the S',P`6 on� ti"ict of land'.
such property being described 42 fo 11ow-0 t ok,
IffUCT;
C)
A11; that oertain tract of x I sit#1 t 1 in
JofferoOOA a0unty, Texao, and a pa!A o:t tlia t'Vah
Tevis:Hbadricht Burvey and a part 6f tity,,,of
Beaimioht' U
, and fronts north on Broadway �iZaveaty= ' -'Cwo
(72*ob
'hence ezV:end1-rj,,- south Ibetw6n two
) 't';
paxlb� and lines, on6 himdred d Afty {I, ,5G) febt;
and", iS- the north part of tnact q . 10231, convo�ai
to 1. �`:Goodhms by Rlchavd 0, Qualti:o 'hand- his
Qualtrough, .by deed:'ciato Fbbruai-y
and 1)y said Goodhf,6; '-Iaonveyed
t D 15th,
Joscjp4ina , W 03�
Goodhue by Deed dated �"''
.Z/I :eeco-dad k, -i Book 30, pages 519-520)"of the
ra- vhich
,1 e,, -,-o' ., Of Je2forsorl Qountyl**��TQX�01,�\to v
70cord, reference is here Made f6r fort l��, d.00-
A strip of land 23 foot wide o if q eWast
"s�d� o�- those 'U-vvo cortain tracts of',lvhd-T e -Urst
jof vhi6h waconveyed 'to V
r Vaddin by'codeddated Pebraety 8, 1894! ;�o;dod,
-p
La"-7-olume -hi -oagr- 61, 62, and 63 of 'he D�696,11ouords
q:=Jeffersoli �Jovaituy, Texas, and tho S0001411"(341' Which
'Ti, C - ,,hm, by Chacts, and his
doed to 'T.W - rmlming
12 Maggie Grain,, by deed. dated, the P,5#1 day of April,
-ae 6, pagees '54-53 the
189 and recorded in Volm
Deed Remoras of Jefferson 03minty, Texase,
V i r o I.; -arty agr000 to flarhish Second 2aA, Ycomplete Ab., -,,tract
af Title to said property, after v7hieh 6 o a o fici -'6�ty have
22liccient'rezioonable time -for tho 'e=inatihb -r e oloil
First Party agrees to ooi!rect omy dofe:qto',/fir objections to
title viithin a reasonable bene after notice thekr'eof from Second
tarty, and to ezeaute a good and sulftoimt Mi��rza Vlarmnty Dead
upon acceptance of such title by Second
,
IN TESTIMONY tritness the Tof
the
parties hereto
this 10th day of J-mie, A.D. 1923,
(S-igned) W�.,-Qut rlijagheyn r.
MRST PAATY
V13 H.,�YT&LM'1AGM IT MA 0
y
e*
QTS
f W
-3
THE STATE OF TEXAS )
POU14TY OF JEFFERSON
THIS AGREEMENT, entered into on this the.'
day of August, 1923, by and `between W. Ws. Cunningham First Party, ' and
2 -he City of Beaumont, Second Party, as a, SUPPZEMENT OR AMENDMENT- to
an AGREEMENT.. or. CONTRACT 'OF SALE-* entered _ into by and' between ' said
parties -on the 10th day --'of June,- .1923,: to, which this_ is -attached and
made apart thereof, WITNESSETH:
It I's agreed by and between said parties that the consideration,
or purchase.price,,of the. two. tracts of land described in said Con-
tract of 8sle, be paid. by the issuance ancl. delivery. to'. Vendor, or his
order,.in lieu.of cash,. twenty-six ( 6) certain promissory notes,
described as follows:..
Numbered from 1 to 26 . inclusive, of the denomination. of $1,000 .each,
..aggregating;.026,000.00, dated June 12,-1923, due' -serially 1924 to
1943- inclusive, bearing b4ji interest, payable -August l,' 1924 and
semi-annually thereafter on the -ls t, day of January and lst. slay of
July of each year; ;-said not'e.s to be executed by the City of --Bea
umont
..and delivered to said Vendor upon delivery of property prepared and
`_executed Warranty Deed- conveying the said two tracts of land to -s aid
city,
IN. TESTIMONY MEREOF , wi these .the hands - of the: parties hereto
this the day. .of August, 1923.
First tarty
THE CITY, OF BEAUMONT, �Seoond P$rty
By : ' . Mayor
City Manager
71
and
WHEREAS# said oontract,.and the supplemental contract have been
referred to andapproved by the City Council of va,id,City and was duly
concurred in by qll the commissioners of said City;. NOW THEREFOR
BE IT ORDAINED by'the CITY COMMISSION -OF THE CITY OF BEAUMONT;
.SECTION I. That said oontract 'of -sale and the supplement, 'or
amendment thereto, herein referred to and -set out, - entered. - into by and
between W. We' Cunningham and the ' City of Beaumont, - is, hereby ratified,
confirmed and adopted' as the act and contract of the said: City -of Beau -
Mont, and said contract shall be consummated in accordance with the terms
thereof.
SECTION H. The .purchase price �to bepaid by said City for ,said pro-
perty shall be 'evidenoed by the issuance and delivery -to .Vendor., or his
order, of promissory notes of said City, described as follows;
Sgid notes shall b'e numbered from one -(l) to twenty -sig (26) inclu-
sive, shall be' of :the. denomination of One Thousand- Dollars -.($1,000:00)
each.t aggregating Twenty -Sig Thousand Dol2:ars.(426,000.00).
They shall be dated the 12th., day- _-of Jund, 19 23,, -and 'sh'all " .become. due
and payable serially as -follows:
90TE NUMBER
DATE OF MATURITY
July
19
2
July
1,
1925 -
July
1,
4
July
1,
5
July
1,
6
July
1,
7
July
1,
8
July
1,-'1931
July
It
.10
July
1,
1933
July
19
12
`July
1,
3.3
July
1,
14.
-July
19
15
and
16
17
and
18
19
and
20-
021
21
and
22 -
23
and
24
2b
and
26 -
DATE OF MATURITY
July
19
1924
July
1,
1925 -
July
1,
' 1926
July
1,
1927
July
1,
1928
July
1,
.1929
July
1,
1930
July
1,-'1931
July
It
1932
July
1,
1933
July
19
,1934
`July
1,
1935
July
1,
1936 --
-July
19
1937
July
1,
1938
July
1,
1939
.July
1,
1940
July
1,
1941
July
1,
1942
July
1,
1943
AMOUNT
_ 1SOW ,,00
1,000:00
1,!000.00
-1.,000.00
1,000.00
1,000.00
1;000.00
1-, 000.00
1,000.00
1,000.00
1,000.00
1,000.00
1P0,000001
1-, 000.00
-2,000,00
2, 000.00
2,00000
2,000.00
2,OQ0.Qo
2,000.00
Said notes shall, bear interest at the rate of five and .'one fourth
(Slh) per cent per annum from -date -until paid; interest payable on.the
1st day of. August, 1923; and semi -.annually .thereafter on the first. day
of January and let day -of July of each year; both principal and inter-
.est payable at the office of the.Director of Finance, Beaumont, Texas,
or at the Seaborad National Bank, New York, New York, at -.the -option of
the holder, upon surrender. of .notes or proper 'coupons.
Said notes shall , be signed -by the 'Mayor, countersigned..b.y the - City
.Manager, attested by the City.Clerk, registered by -the Direotof of
Finance,' and the seal -of said City shall be impressed -upon each of said
notes. Pap simile signatures of the Mayor and City Manager -and City
Clerk may be lithographed 'upon. the interest'.eoupons.
SECTION III. Said 'notes -shall ba called
"CITY OF BEAUMONT STREW IMPROVEMENT PROMISSORY NOTES - .SERIES C"
and shall be substentibily.- in-- the .following form: -
NO = 1,000.00
UNITED, ESTATES OF AMERICA .
THE STATE OF TEXAS
COUNTY OF JEFFERSON
CITY OF BEAUMONT
STREET IMPROVEI�dENT PROMISSORY NOTE SERIES C.
THE CITY OF BEAUMONT* .a municipal corporation, in the - County- of
Jefferson and State of Texae,.for value received, hereby promises to
pay -to BEARER on the let day of July, 19, the principal.sum of
ONE THOUSAND DOLLARS (.;000.00)
in lawful money of the United States of America, together with inter-
est' thereon from date hereof until .paid, at the rate -of five and one�-
fourth per cent per annum; interest payable on the ls,t day of
Auguat, 19,23j, and semi-annually thereafter on the let day of January;
and lot day of July -of each year; both principal and interest payable
.upon presentation and surrender -of note or proper -,coupon at -the office
of the Director of Finance, Beaumont, Texas,.or at the:Seaboard Nati-oval
Bank, NevO York, 'New, York, `at' the' option of the holder4?
This note is one of 'a series -of twenty -sig (26) :tes, numbered von -
'no secutively from, one =(1) to twenty-six , (20) inclusive,, _ of - the _ denominat ion
of One Thousand Dollars _ (1,00000): each, aggregating -.,Twenty Sia Thousand
Dollars ($269000.00 j , . authorized to. 'b 6 ' issued in payment of . 'the- •purchase
pride of propert8 _aituat'ed in the City of Beaumont, Texas,-purehased by
said. -City from -W. IV," Cunningham,. by contract dated June .109 1923, for -
street widening -and -street improvement purposes, under and by .virtue of
the Constitution and laws ,of ' the. State of -Texas. -and the charter' of said
City, and in`purauance of an ordinance passed dbby_ the ity.-.Commission of
said City of "Beaumont. ' on, the, ;day. of , :1923, which
is recorded in Book` pages of he , Minutes ' of a.aid. -
Commission.
The date of this note, in oonformity with said '.ordinance is June
12,- 1923,
IT IS, HEREBY -CERTIFIED AND RECITED that all acts, 'conditions and' -
things required to b'e done precedent ' to and in .the issuance of th .s note,'-
'have-been
ote, -'have been properly, done and -performed, and have happened in regular- and-
due
nddue -time, form and manner, as required by law, and that the full faith.
and credit o3 the City .of Beaumont, _and: the:-special',t'ax which has been: -
levied for the payment of principal and interest of this series of- notes,
are,- hereby = irrevocably pledged for the punctual payment of the princi,
pal and interest. of. -this note;.- and -..that,- this. series -of- not -es, 'together
with all other indebtedness of said :City, does not exceed any -charter
constitutional orstatutory aimitation.
IT IS SPECIALLY.AGREED:that all past due interest hereon shall'bear
interest at the rate of.5 peT annum; and 'if this note, or any inter-
est coupon :hereto;. attached,,-; is not_ vaid, at maturity. thereof, and same is
placed in -the hands of -an attorney for collection, or collected by -legal
prooese, -the. City;'o3'Beaumont,.agree s- to pay 10% additional, on, the amount
of principal and interest then clue, as -attorney' s fees
IN TESTIMONY WHEREOF the . city --of Beaumont, ,' Texas, has - caused its
corporate' seal t6' be' hereto affixed;..- and -_this:. note .to be signed by its.
Mayor* countersigned by .its City Manager, attested by its -City _.Clerk,
end registered byits' Direotor ,of Finarice,as. of the 12th day of June, 1923.
No Text
THIS IS._. TO,, OERTIFY that- 'liave received, the within .Note.. and attached
soup one trom''the+ City' of'-'Beauuiont, Texas, and all -'of the notes .of said
Series -'C in full satisfaction - of the purchase, price; due me by 'said City
-for property sold by me to -' said -City under and by virtue of- a c.ontraot
of, sale- dated. June- 10, 1923,
SECTION: iV. 'Said. notes shall, -be
executed -,and delivered to said W.W,
.Cunningham,,' or his order, upon delivery of.. a Warranty Deed, properly
-prepared and -executed, conveying to said city the property desoribed _
in said , contract -0 f sale; and the- Mayor, City' -Manager, and' City (clerk
of said, City .are -herebyr authorized, ordered and - directed, upon:; delivery
and 'acceptance of said deed, to- exenate ' said:- notes, have same registered
by the. Direetor.' of Finance, and deliver said -notes to the, said WIC,.
Cunningham, or his order,, in.-fullsatisfaction ,of the- purchase price of
said property,
-3ECTIOX Jy.. BE IT FURTHER', ORDgINED that. for the purpose, of.. paying
the interest. -on said promissory, -notes', and oreating',a sinking. fund _.suf-
ficient to pay the..principal thereof at 'maturity, there is,,hereby- levied
.for the- current year, , and -for each, sucveeding- year while said notes, or
any of them are outstanding, Aneadvalor.em tax -.of three fifths of one : cett
( 315V) .-on each, $lOO.00 v'aluati'on- of a.11 ..taxable p ropertyin the City of
Beaumont, and -said tax, or so much -thereof as -shall. be necessary, ; shall -
be annually, assessed and_ collected and applied to the purposes named.
SECTION 0I. The fact that _the, bad oonditionjg of, the streets, and
the urgent need of Widening -'and improving the; same to' avoid obstruction
and congestion of traffic., thereon, and to promote public 'safety; -creates
aA imperative .public `-necessity -requiring 'the suspens-ion of,.the rale pro-
viding -that ordinances shall.be-read on three separate days before final
passage; -wherefore, ..such rule: is- hereby. suspended, and -this ordinance
shall take '.'effect from 'and after the date .of 1 t passage.
Passed by- affirmative vote. �of all members -oft e - City Commission .of ,
the City -of Beaumont;, -on. -this, the -day .of , 1923,
Mayor-
THE STATE OF TEXAS
COUNTY OF JEFFERSON
L; Ben G• e,aron, city Clerk of the Gity of Beauraont, Texas;
do hereby certify that the foregoing is a true and correct copy
of an ordinance passed by the Gity Commission of the Gity of
Beaumont, on the day of August, 1.923, said ordinance being
passed by the affirmative vote of all members of said Commission;
as the same appears of record in Book ._._.. page et seq. of the
Minutes'of said Gommission
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the
day of August; 19230
-
city alerki City o eaumon ; Texas.