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
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