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HomeMy WebLinkAboutORD 64-DAN ORDINANCE RATIFYING AND CONFIRMING CONTRACT OF SALE AND SUPPLMMT THERETO EXECUTED BY THE MAYOR AND CITY MANAGER OF THE CITY OF BEADMONT FOR AND IN BEHALF OF SAID CITY FOR THE PURCHASE OF PROPERTY TO BE USED FOR STREET IMPROVEKENT PURPOSES; AUTHORIZING THE ISSUANCE CF - PROMISSORY NOTES OF SAID CITY IN PAMUM OF THE PURCHASE PRICE: LEVYING A TAX TO PAY THE INTEREST ON SAID NOTES AND PROVIDING A SUFFICIENT SINKING FUND TO PAY THE PRINCIPAL AT MATURITY: AND DECLARING AN WERGENCY. ---------------- WHEREAS, -- --WHEREAS, heretofore; to -wit on the 10th day of June; 1923, the Gity of Beaumont; acting by and through it sivaynr and City Manager, executed a contract of sale wherein and whereby the said City agreed to purchase from Wr P:H, kc2addin, a certain tract of land situated in the Gity of Beanmont'i fully described in said ract'° to be used for street improvement purposes, for a cash consideration of �12 000.00 j`; wd WHEREAS, on them day of August, 1923, the parties to said contrast entered into a supplemental or amended agreement whereby it was agreed between said parties that the consideration for said Property should be paid by the issuance and delivery of promissory notes of said Gity, in lieu of the cash payment-; said contract of sale and -supplemental agreement. being in words and figures as follows: AT , CT E1711 52-:151 'U:� Ve --p J"._' * "' - y. c u h -.,-a u G- o 3 -2 1 2P 1090. 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Liagaolia Avamet in 01-Ity G�;: Ber!"uno-11t; thonao. ccatlxulu,fir;-, aaut .-sloll tho -_,-Iorth 1hria C4-, 20.00t; theuaG 0 7"'ost I:Llo Tont to Im -norti-1, Ij-DO 7ADJLGh iS 061-10 *0111,-11 liale 0 2 a tr&Ct 0--i" luad 1,50 feet -J`rom th-e -no-rth -,,Lj-q 2.0 feet, e E� to o4utl)z-01t con,_1.00; 611ca-we nocth�rj_y with (-I- I'VI - 3 V- A' wcot lino 19 f, FA to 1.1c 20-atho=t cornev of a 4 --!"act oi o—mad by n-Lo"O Dato R - thcu;ee um1'i;OVL-, 'Ath _1.i3c 1100,02tp 007-Ith 'Lia'a Is 1:b10- , 131 foet C110.0toLI-11; flmLl tho lin.-D of ot:'Lldloz, Ihmm"10 j,,/ fo3t t-0 ta pokAlt in a line --th �-Irl 60 foci i*_ - ora 7joot I -Ina; thaico ",cuthorly alo_zirj :L:Luo pen-allol ,Ath L.n", 6-0 faot I;oI.;it lino 17.1 2oot to 0,CE)tp jr, `j-. ft, thio -2:,IE�00 02 7 Ib­,t- t - Of tra r.6:..-Uj hLvo, O=,niatition t, >roof-,* to title !C-lizi -a r0c, 110-03f YZ, tin 2tor no -,i -o t, `;,!Tvl, to OXOOV,�ie f-M."I q,77,000 to Uzi—, fima IIL,,�,,u title u u econ,,2 , A-larty. --p J"._' * "' - y. c u h -.,-a u G- o 3 -2 1 2P 1090. GO m�,Ch - , �I - 1, ; rl _L 7 11 tie -at- of I -ad a -tit ixf tlic Noah T. i�,, i. cy, i2i V-10 ;Jity of Bammont mn'-:1 i�, Jeffornon (;Ouuty. am Of -u trtaiclt lw_,�I cmuvoyad by Gilbert to W,2.14 UuPaddin, by Feed clited 12th dej og ill Vol. U, :,,mzr,,O 03,2A9 Otrao-9 Deed -­'ecordn of Co-auty, ':'wvmsp Bcc,f,mlinc at a,pcint J_ -a, "tho O;Quth 14MO O -Z a tru,3t 3-f laa;Commea 'by 7j..PH*, 1IaFvdcIJm, wiftc1i poLit lo 60 Taot east of 1,10 -"Outhumot comar fmd io I:a) V320 noftli ILI'le oal' _Droadw,;�y 540,7 feet emot cof the mzt I,me of. Liagaolia Avamet in 01-Ity G�;: Ber!"uno-11t; thonao. ccatlxulu,fir;-, aaut .-sloll tho -_,-Iorth 1hria C4-, 20.00t; theuaG 0 7"'ost I:Llo Tont to Im -norti-1, Ij-DO 7ADJLGh iS 061-10 *0111,-11 liale 0 2 a tr&Ct 0--i" luad 1,50 feet -J`rom th-e -no-rth -,,Lj-q 2.0 feet, e E� to o4utl)z-01t con,_1.00; 611ca-we nocth�rj_y with (-I- I'VI - 3 V- A' wcot lino 19 f, FA to 1.1c 20-atho=t cornev of a 4 --!"act oi o—mad by n-Lo"O Dato R - thcu;ee um1'i;OVL-, 'Ath _1.i3c 1100,02tp 007-Ith 'Lia'a Is 1:b10- , 131 foet C110.0toLI-11; flmLl tho lin.-D of ot:'Lldloz, Ihmm"10 j,,/ fo3t t-0 ta pokAlt in a line --th �-Irl 60 foci i*_ - ora 7joot I -Ina; thaico ",cuthorly alo_zirj :L:Luo pen-allol ,Ath L.n", 6-0 faot I;oI.;it lino 17.1 2oot to 0,CE)tp jr, `j-. ft, thio -2:,IE�00 02 7 Ib­,t- t - Of tra r.6:..-Uj hLvo, O=,niatition t, >roof-,* to title !C-lizi -a r0c, 110-03f YZ, tin 2tor no -,i -o t, `;,!Tvl, to OXOOV,�ie f-M."I -saffic,:Laut 011.35ml `,arz-=t"y Licod title b,- y econ,,2 , A-larty. *h(-� hf�mdc o-�" VT o (Signed OFADDI ND P:,' DT ECO PARTY THE STATE OF TEXAS COUNTY OF JEFFERSON MIS AGREE[iBENT entered into on this the -d gy of August, 1923; by and between W.P.H. Kali addin,, party of the First Part, and the Gity of Beaumont, Party of the second Part; as a SUPFLFKENT OR AB+ZENDIIiENT to an AGREEIENT or CONTRACT OF SALE entered into - by and between said parties on the 10th day or dune; 1923; to vkich this is attached and made a part thereof, WITNESSETH: It is agreed by and between said parties that the consideration, or purchase price, of the property described in said contract of sale be paid by the issuance and delivery to the Vendor, in lieu: of cash, twelve (12) certain promissory notes deD4.i.bed as follows: numbered from 1 to 12 inclusive, of the denomination of X1-00.00 0Q each, aggregating 12 OOQ:00, dated June 12, 1923, due serially 1926 to 1937, inclusive; bearing interest at the rate of &,14 per annum, payable August 1, 1923; and semi-annually thereafter on the let day of January and the lst day of duly of each year; said notes to be executed by the Gity of 1seaumont, and delivered to said #iendor upon delivery of properly prepared m1d executed Warranty Deed conveying said property to said -City: IN TESTIMONY VMEREOF, witness the hands of the parties hereto, this the L.--day' of August, 19230, First tarty 'THE CITY OF BEAUMONT, Second l arty By Mayor City lianager an �,L ?,C_, 4 tl VHEREBS; said contract; and the supplemental contract have been referred to and approved by the Oity Gouncil of said City were duly concurred in by all the commissioners of said Uity NOW, 1HEREFOIIE BE 1i' QEDAINED BY. THE CITY COMKISSION OF THE CITY OF BEAUMONT= SECTI= 1: That said contract of sale and i:he supplement or amendment thereto, herein referred to and set out; entered into by and between the said W.F.H: MclOaddin; and the City of heaunont, be and the same is hereby ratified, confirmed and adopted as the act and contract of the said Oity. of P:�eatunont, and said contract shall be consummated in accordance with the tezms thereof*' SECTION ll. The purchase price to be paid. by said City of Beaiumont for said property shall be evidenced by the issuance and delivery to said W.F.H. Mciaddin, or his order, of Promissory notes of said City described as follows; laid notes shall be numbered from one (1) to twelve (12) inclusive, shallbe of the denomination of One Thousand Dollars (g;000400.) each, aggregating 1*elve thousand Dollars (012;000.00): They shall be dated the 12th day of June: 1923: and shall become due and payable serially as follows: NOTE NMER DATE OF MATURITY . ' AMOUNT 1 July 1; 1926 0190001P00 2 e my 1; 1927 1,' 000.00 3 July I., 1928 1;000:00 4u].y 19 1929 1'"000:00 5 duly 1, 1930 1;000:00 6 duly 1; 1931 1000; 00 7 July 1,. 1932 4:0000,00 8 duly 19 1933 3:;000:00 9 July 1, 1934 1;000;00 10 July 1; 1935 1"'000600 11 July. l; 1935 1.;000:00 12 duly 12 193' 1,000:00 laid notes shall bear "interest at the Mate of five ,and 'one fourth per cent (5V) per annum from date until paid interest payable august 1- 1923, and semi—annually thereafter on the 1st day of 4anuary and 1st day of July of each year; G U both principal and interest payable at the office of the Director of Finance, Beaumont, Texas, or t-�t the seaboard National Bank, i ew zork, Nevi. York, at the option of the holder; upon surrender of notes or proper coupons: Said notes shall be signed by the kayor; countersigned by the Q%ity manager, attested by the City Clerk, registered by the Director of Pinanre, and the seal of said Oitg shall be impressed upon each of said notes: raa simile signatures of the mayor; Uity1"anager and City Clerk may be lithographed upon the Interest couponse SEUTIUR 1119liaid notes shall be called "CITY OF BEAUMONT STREET 0PROVE ENT PROMISSORY NOTES -SERIES E" and shall be in substantially the following form: - NO i %;190004-00 UNITED STATES OF ABMICA THE STATE OF TEXAS COUNTY, OF JEFFERSON CITY OF BEAUMONT STREET IMPROVEMENT PROMISSORY NOTE SERIES Ee -------------------- THE CITY OF BEAUMONT, a municipal corporation in the County of Jefferson and Btate of Mesas; for value received, hereby promises to pay to BEAKER on the ist day of July, 19� the principal sum of ONE THOUSAND DOLLARS ($10_00:00 in lawful money of the United States of America, 'together With interest thereon from date hereof'until paid, at the rate of five and one fourth per cent (54) per annum; interest payable on the lst day of August, 1922, and semi-annually thereafter on the. let day of iiannary and ist day of July of each year; both principal 1 and"interest payable upon presentation and surrender of note or proper coupon at the office of the Director of Vina=O j Beaumont-:; lexae or at the Seaboard 'Rational Bank, New York, New Vork, at the option of the holder: This noise is one of a series of twelve (12) notes, numbered. 0 consecutively from one (1) to twelve (12) inclusive, of the denomination of One Thousand Dollars ($1';000:00) each; aggregating 'welve Thousand Dollars ($12';000;00) authorized to be issued in payment of the purchase price of property situated in the Gity of Beaumont, jexas, purchased by said City from W.P.ae kc�laddinr by contract dated rune 10, 1923, for street improvement purposes, under and by virtue of the constitution and laws of the State of texas and the charter of o sadd Gity, and in pursuance of an ordinance passed by the City Commission of the City of Feaumont on the day of Q 1923, ah_ich is recorded in nook r page �, et seq: of the Minutes of said Commission; i'he date of this note in conformity with said ordinance, is June 129, 19,23*' IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required to be done precedent to and in the issuance of this note, have been properly done and performed, and have happened in regular and due time., form and manner; as required by law, and that the full . faith and credit of the City of Beaumont; and the special tax which has been levied for the payment of the principal and interest of this series of notes; are hereby. irrevocably pledged for the punctual payment of the principal and .interest of this note; and that this series of notes, together with all other indebtedness of said City, does not exceed any charter, constitutional or statutory limitations:; IT IS SPECIALLY AGREED that all past due interest hereon shall bear interest at the rate ofper annum; and if this note, or any interest coupon hereto attached, is not paid at maturity thereof, and same is placed in the hands of an attorney for collection, or if collected by legal process, the City of Beaumont agrees to pay 10`o additional on the amount of principal and interest then due, as attorneys fees4, IN TESTIMONY WHEREOF the City of Beaumont, texas; has caused its c:o rporate seal to be hereto affixed, and this note to be signed by its Mayor, countersigned by, City Uanager, attested by its City Clerk, and registered by its Director of Finance, as of th.e 12th day' of June, 1923: Mayor-,, City oT Beaunont., Texa,s. Countersigned: City Manager, City o eaumont, Texas: ATTEST* City Ulerkj City of 73FR—umont , Tex4s REGISTERED: Director of I.nance, y of Beaumont, texas: The form of interest coupon attached to each of saff notes shall be substantially in the following form, (except coupon number 1, ,which -,shall be for 1. month and 19 daysr interest and coupon number two which shall .be for 5 months' interest)" N0. c $26:25 ON THE 1ST DAY OF �, 19� THE CITY OF BEAIAAONT, in Jefferson County, Texas, will pay to Bearer at the office of the Director of Finance, Beaumont, Texas; or at the Seaboard National Bank, New York, New York, at the option of the holder, TWENTY SIX AND 25/100 DOLLARS ($26:,25) being six monthsr interest on CITY OF BEAUMONT STREET IMPROVE NT PROMISSORY NOTE, SERIES E, -No _, dated June 12, 1923, to which this coupon is attached and..Idi a part thereof; i y Clerk. Countersigned: City 14'anager: Mayor The following endorsement shall be printed on the back of each of said notes: THIS IS TO CERTIFY that I have received the within Note and attached coupons foom the City of Beaumont, Texas, and all of the notes of said Series E in full satisfaction of the purchase price due me by said City of Beaumont for property sold by me to said City under and by virtue of a contract of sale dated June lE} ` 1923: Y • 0 SECTION IV. Said notes shall be executed and delivered to said W.P.H. McFaddin,.or his order, upon delivery of a Warranty ,Deed, properly prepared and executed, conveying to said City -the property described in said contract of sale; and the Mayor; City Xtnager and City Clerk are hereby authorized, ordered and directed, upon delivery and acceptance of said deed, to execute said notes, have the same registered by the Director of rinance . and deliverO said notes to the said W.P.H. McFaddin, or his order, in full satisfaction of the purchase price of said property: SECTION V. BE IT FURTHER ORDAINED that for the purpose of paying the interest on said notes, and creating a sinking fund sufficient to pay the principal t herdof at maturity, there is hereby levied for the current year, and for eachsucceeding year while said notes, or any of them are outstanding, an,ad valorem tax of two fifths of one cent (2/5�) on each $100.00 valuation of all taxable property in the City Beaunonti, and said tax, or so much thereof as shall be neces ary shall be OL annually assessed and collected and applied t¢ purposes named: SECTION VI. the fact that the bad condition 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 an imperative public necessity requiring the suspension of the rule providing that ordinances shall be read on three separate days before final passage; wherefore, such tule is hereby suspended, and this ordinance shall take effect from and after the date of its passage. Bussed by the affirmative vote of all members of they Oity Uommission of the city of beatunont, this the day of 19231 Mayor 3 THE STATE OF TEXAS } COUNTY OF iMIU RSOLT 1, I, Ben C. LeBaron, City Glerk of the City of ;; -Beaumont, Texas, do hereby certify that the�fo-regoing is a"true and correct copy of an ordinance passed by the Gity Gommission of the Gity of Beaumont, `Ii exas, on the ____ day of August, 1923; having been passed by the affirmative vote of all members of said Oommiss.ion, as the same appears of record in Book page et seq: of the minutes of said Gourt. Given under. my hand and seal of office; this the day of August, 1923: City C er , City of seaumon , Texas*