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HomeMy WebLinkAboutORD 100-DAN ORDINANCE RATIFYING ANDCONFItRMING CONTRACT OI' ' SALE EXECUTED BY ' THE -- CITY IUANAGER OF THE CITY OF BEAUMONT FOR, AND ON BEHALF OF 'SAID CITY .FORT PiTRCHASE,.0 ' PROPERTY, TO BE USED •FOR,STREET IMPROVEI4= AND WHARP AND DOCK PURPO SES ; AUTHO RIZ ING . THE 'PAMENT OF THE SUNT OF TWO THOUSAND TWO HUNDRED 'THIRTY-TWO D©LLARS AND. TWENTY-THREE OMPIS (f2i-23L28). IN CASH AND TaB' ISSUANCE OF PROMISSORY 'NOTES OF SAID CITY : IN PAYL= OF.THE BALANCE OF THE PURCHASE PRICE .THEREOF: LEVYING A TAX TO PAY"THE INTEREST ON SAID'NOTES AND. TO PROVIDE A SINKINGG FUND FOR- THE PAIMENT 'OF' THE PRINCIPAL .AT XATURIT, ; AND DECLARING AN EILMGENCY " . 1 WH REAS, heretofore;. to grit, on the' 15th day -of January; A.D: ; 1924, iehe. Oity-ot beaumont,. acting, by and through its City Manager;,' executed a contract of sale 4he:rein and whereby the said City agreed ,to purchase from Mollie E. uangham a certain...tract of lands situated in t1r, City df , Beaumont, fully described in said contract¢ to be.us.ed for` -,street i'mprovement"'`'ana wharf and dock purposes, for the, t6tGal consideration of SZ7ENTEEN THOUSAND- T-60 HUNDRED THIRTY-TWO. DOLLARS -.AND. 'TWENT`L-THREE CENTSto be paid TWO THOUSAND TvVO HUNDRED THIRTY-TWO DOLLARS . AMID TWENTY-THREE CENTS ($2 ! 232:23) in cash and the, balance thereof, . in 'ten - (10), -equal annual installments of .FIFTEEN HUNDRED DOT,ZARS '($1500.00) eaahf by the issuance and delivery of the promisaxry--notes, of said '-Oity evidencing such. indebtedness, said contract of ,sale.'bein'g in -words and figures as. 'follows;--, L 41 MUM U COINMAUT 011 SAIZ, TIM STATE OPT T.13M9 M 0 1 W BY �Uuj B7IVVI=I MLLU B. IJAMIT-6L, COUNTY OF PIM"T'PARTY, AIM TH-B CITY OF BEW.U011T t ACTING BY a01) TIM OUGH ITS GITITAGM, CM -G3 J. 1M,12K, 32T . JM 2�AMY, WITNI�SSSTH-: Pilot -Party agro'ec to coil to soaand ]?arty -mid Oaaona Patty - agreez to Vaq from Ml t; tarty the hcarzoI4.after 44beribed property for the purahaso price olf SWMST)"309' THOUG21111) TTo() RUxD-FIW THIMPY.. TGG DOIJARS AND) IT�"'MITY-TIM2133, OVIT-8 (0179252.215) 1, tQ be paid Z,10 I TNOUSAIM TV,;'O WMDRM) THIRTY4-TOO DOLL IS AIT ID TIM -17Y.- ER OEIMNT18 02,232923) in cash an4 tho balanoe thereo:C in ton (10) equal annual inQtal3nmits of PIFTEENIT IrLTIMIRLIM DOL114,13 0:U50000) each, to be evidowed by the Prom zzox"j, vender's lio-a n6toz of Tho City of Boa=ont, such notes to be dateZ -'April lists 1024, to boar f* xw--Lq from date jllte­c,�2t at 'L'"0710 rate Of siz -per, cent (el%) POT V.1 until paid, aw to contain the usual acoolerating mattirity mid attorney's fco . plauoe, such pvope--ty being do,saribed as -13ollom: A tract of land out of tho Noah Tevis Survey in Jefferowa County, Twm-�j, and In The City of Dommont, and mord partloa1wrly deecrib6d t.1s, follows,:- beginning at the southeaot comer of the IToah Tevia* Survey at the edre. of tho Neohoo River., thence vapot aloUG the cor-th boundar,y line of said TovIe Survey 231#5 2oaty more or lose$ to �to iriterneatIn -od otb. the east line oil Sabine 'ass Avenue, said intoe-. sootion boina the northwout co3aaer o -J' a tract oT land deeded by Oscar Holat et al to the Sionters of the Inoarnate Vloxdf b�, deed fteorded iii V01. 2299 page .504,j Deed R000rae, Jaffaroon County, Te=ie;thew.e north with the east lino, oJI! Sabine Pao -9 Avenuo., 62.3 foot, more or less! to the mirth lineine oT :�Ott ?9.treet; thenoe won" with tho north line 'of &-natut Otraot 25 .84 feet to the raost westarly oo=or o:C land mood by jjojjie U. Langham; then.0c north 50 degrees east . 183,5 foot with the bounM=y ;Une between IaW o-�nied by-!Iollto Ee Langl . ivza. aJI a tract 69 land deeded by Lochoo Inveratmont CompnzW to The City of Beaumont, by dood recorded Vol* 1849 pvZo 2199 Dood Records, JeffoTcon County, Toaas; thence north BO degrees P,5 rAnutes onot with oaV,, bounaary lint 58,5 9 mar o o:e 10:3o,. to the Rechoo Ewer; thanoo in a Southeasterly direction with the �andorings of the River to tho point of bep gimAnC-o mid calataluing 0*68 acres iaoro or iwlo, ' t all tiTl to 0 0 all the --Ieqqd now -o-,piea- bY U0it"0k'f'Zth,9 M ,hvm 0 io bwei by-tho 0ast Ii -M of ra ti Sabine. Pass Avenue the north line of Emott. Street, the . wathesetea n. 11no - Of the,,tract. 67M ed, -bye Tho C,ity Of Baa=o t and. knom , as T; T51 2,0VT 0 the; 006" River anti the north , lixte of t ho tract60 ' i6d by Hate. Died 'and Owned by •the S1,sters of Oharity of the. 1naanata Wait*' ' 'f xst Pt regio to fta m:eoond i'y • complete abstract title to .sa:iQprvpeaty.: after, r .ch !3econd Fal*ty sha', �Ve . evf;lla .ent reaponablo time for not to exaeed: tea ( 10) days: First. ratty -agraeo to ' c brreet ' any daXwts .or objeotibno to ea :d title 'Withl3i 'a reasonably time after, n�itio�i th'erefl� frau S Qaond Party, "aud to exgout e a good oma adliaimt'.:Genoral Warranty Deed upon noceptarn.e og zno)t ; titin by Seabra Paxt t and the payment :of the mount abovo .,speoifi'ed,. and the, execution and , dv3..ory. of. said 6b1.eton .'by Sooand. Party: it is&c64d that all -t axes dura The pity, ,of Bo on. for the yoar 1023 on -all. property, of First .44ty. in. tho City of Bea, umout . shall U$ paid- imediate.1y - snd that the. caEih poymm►t herein agreed-+apoia . shail be applied to that ,'PU:M00e;, and that. all-pawento. on the obligationo "oX- Tho. City of Deal mnt td. be- executed hereuna er= ehallq gas they 1611 due arae are 'paid, be- f0_p1i . oto the paWe_"_t of "all deellaquont. taaFee cru -:The. Gi. 'y of Beamont• by First, Rare a end it is ers'tood. tit all :su.its_:On. -.etch de11nciu6nt .taxes shah be vontinued . sna held In abeywoe until such obligations of The Oity' But- no farther -penalties or costs of .Boaumont fall due tang ' aro p aldk: shall- accrue on . said . taxes if paid in compliance with, this agreement,, q 'L2'E 'IIIIO T - MI RI' P, , witn non ' tho . hands of tho part. oe heratA. this the ].:nth day .ow Jama A.D*: 132 6, ACRS. MOLLIE E. WITNESSES:',.T OITY u'B;A1Mfiid ' E. E. hAN.GA AM . GUY W. JUNKER By t Ol�iAA�i.Gr {; and WHEREAS, said co ntract ' has. been approved by th e City Commmiesion of the Cite. of Beai:mont;, NOW ; THMEFORE; BE IT QRD ED BY THE CITY COMISSION OF THE CITY OF BEA ONT t . Section 1.. That said.- contract of s -a -le 'herein referred to and set outs-. entered 'into' -by and- betweeh Molli6 E. Laugham and".The City of Bemmont; is hereby ratified, confirmed and adopted as the act and contract of the said City of Beaumont, " and said contract shall be consummated in accordance with the terms thereof;." Section -20 The .-deferred payments on the puxchase�-price to -be paid by-t-he..said City fob'- said property shall be evidenced- by the issuance" and delivery to Vendor, or her 'order; of prom3-ssory -riot-es of sai"d---Qtity', described as follows; :. Said_ notes shall . be numbered , from- one _ (1)_ to t en (10) inclusive, shS,ll be of the denomination of..FIFTEEN HUNDRED DOIIARS 01500;,00) each', aggregating FIFTEEN THOUSAND•DOMARS ($15,0004,00). They shall be -dated 'the• 1st day 'of • April, 1924, and ..shall' become due and .payab14 -serially as- follows;— NOZE NUMBER- DATE OF MATURITY " AVOUNT 3 April 1, -.1925 015.00.000 2' April 1, •1926 1500400 3 April 1,. 19'7 1500000 4 ' April 19 1928 1500.•00' 5 April .1,,1929 1500.00 6 April- 1, :193Q '1500600 7 April 3, -1931. 1500.00 8 April 'l, 19.32 1500.00 9 April- 1, 1933 1500.00 10 April 1,: _1934 = --. 1500.00. Said notes shall bean interest at .the rate. 'of sig per cent. per annum from. date until .paid; 'interest payable. on the, ;1st day off,' O'tober, 1924, and - semi. -annually ..thereafter .on the !at d.ay of April and lst' day of October of each year•; bothprincipal and interestpayable at ..the office of -the Director of Finance, Bemzlmont, Texas, upon. surrender, of notes or proper caoupons' . Said notes shall be sigmd.'by the Mayor, countersigned by the .City Manager, attested by the City Clerk, registered by the Director of Finance, , and the seal of said City shall be impressed upon. each of said 'notes: Fac simile signatures of the Mayor and City Manager and City'Clerk, may be .lithographed gpon the interest coupons: Section 3*, Said notes .shall be Called "CITY. OF BEA.ULiONT- STREET IMPROVEMENT PROM, ISSORY NOTES" and shall be substantially in- the: following forint _ .NO, -01500:00 UNITED STATES OF gh 4ICA THE a- TATE OF TEXAS" COUNTY OF JM'FERSON CITY OF BBAT)`MONT STREET .IMPi RO �'iENT FROMISSORY NOTE THE CITY. Or BEAUMONT, a municipal co rpo ration, in the County of Jefferson .d�State of/texas, 'io-r value received, hereby promises to -pay to/,SER orf the 1st day of April; 1925, the principal, sum. of -FIFTEEN HUNDRED DOLLARS ($1500.00) in lawful money of'the,United .States of America.', together with inte-raest thereon 'from date hereof until paid,' at _ the rete of six per cent (60) per annum; interest payable on -'the lat. day of October, 1924; and semi-annually' thereafter on the -7;4t:. qy of .April and 7.st+'day of October of each year; .both principal maid interest payable upon presentation .and surrender of note or proper coupon at the office of -the Director of Finance, Beaumont, Texas numbered his note is one of a'series of ten (10) notes, consecutively from one .(l)` to ten (10) inclusive, of the denomination of F'IF'TEEN-h-M—RED DOLLARS. ($1500.00) each' aggregating FIFTEEN 91ffousAND DOLLARS ($15,000900), authorized to -be issued in_ payment -of. the purchase price' -of,- property situated in the City of Beaumont ; TIexas, purchased by said City from Mollie E, Langham, by -contract dated 15th day :of J.epua.ry, 'A.D. 19249 for street improvement and wharf and dock purposes, under and by virtue of ,the Constitution. and laws of the State of yexas, and the Charter of said City$ and in- pursuance of an Ordinance passed by the Cit y.Gommission:of said,Gity of Beaumont on the day of �,. 1924,' which is recarded in -took 5 , pages 1,°I� , of the Minutes of said Commis ion: 'i'he date of, this note; .in .conformity with said Ordinance is �� �;3�p-1'�:�11s'�=�, -1924: : - • , IT: 1S HERMY CERTIFIED glrID RECITED "tbiat all, acts, c onditions - and things required to be -done precedent to 'alid in 'issuance of, this note, 'have been properly d one• and performed., and , heve happened in regular and due.time, farm and.-manner,,as required by law- and that the ' full faith and credit.-. or the .Gity, of Beaumont, and'the special tax whi-ch has been levied for the payment of proncipal 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 notexceed any charter, constitutional or statutory limitation: IT IS SPECIALLY AGREE. that all past .due- interest -hereon shall bear interest .at the rate -of six per cent (6lo) per annum.; -and if this note, or--any.interest coupon hereto attached, is not paid at maturity thereof; and 'same is placed in the .bands of an attorney for collection, or. collected. by: legal process, the Uity. of Beaumont agrees to pay 'ten per cent (10;o) additional on the- amount ofprincipai and . interest thea due, .as attorneyis fees.. UT ITESTMONY wHEREOY4. ,THE GITY OF 'BEAUMONT', etas, . has. caused, its corporate seal .to b.e� hereto - affirmed, and tris note to be signed; by' its "mayor, countersued. by its city an ager, attested by i'Us,'Gity Clerk; and r�e6istered by its "Director of Pinanee, as of the . 11s t- 1st day. of Apr:', t��A OR,, . CITY +.rh'. BEAUI1011 l ; ti �. ,COUNTERSIGNED: ATTEST; UI`CY ATdA EIS.; CITY OF BEAUMONT; ZTUAS* h y , -01 Uh BEA d `1 REGISTMM. : U -T, .It 0. F' ..ANCE, U . U. . ONT;' TEXAS: The form of interest coupon ..attached to each of said -notes .shall b'e substantially in- the follo;pring" forth: Ito . v.45.00 _Qn .%'rle'_t _ day of j. l9 1 - THE `CITY OF BEAUMIONT i7", Jefferson' County; -1'egas, will pay. to Beee-rr at 'che o fi of; the virector of 'Pinance,., Beaumont., iegas; FORTY -.FIVE DOLLARS ($45;00), being sig months -interest, on. CITY '01' B.EAUMONT STREET "INi1't�OVE LI�72 PRO IuISSO� Y ROTE No. ; dated c '_day o: 1?.t ,'19.24; t.,o eveh this coupon .is attached' and S, a• part'thereo'f! .MAYOR ATTE'ST.. : CITY -CLEM ' : COUNTERSIGNED: C TY RaA ER The - following endorsement 'shall be -,printed on the bank of each, of said Notes. THIS IS `r0 .0M T:I. Y th ' Z have received the, wl iri" I1ot e and ,ttached coupons from the "City o f beaumoi t, omegas, in �z11 sans- faction 'of the. "purehase' .price due me by said .City,of Beaumont for, property sold by .me to' said Gity under, and by virtue of a contract of sale dated15thday. of guar -D 1924. Section 4. Said notes shall be executed and delivered to, said Mollie E. langham, or- her., order, together with said cash payment, upon delLivery of a Warranty Deed, properly prepared and executed, conveying to said City the property described in.saia. contract of sale;.: and the Mayor-, City "anager, and 'City Clerk of said City' are hereby authorized-, . ordered.and directed, upon delivery and aceeptance,of said deed, to execute said notes; have . same registered ,by the Director of Finance, and deliver said notes and cash payment to the said Mollie E. Zangham; or her order" in, full satisfaction of the purchase pride of said property, Section .5* BE IT FIRTHERR OHDgIM that ,:for the. -purpose of paying , the interest on said pormissmry notes, and creating a sinking fund sufficient. to- pay the principal thereof at. maturity,, there is hereby levied for the ourrent, year, and -for each - succeeding year ,while said notes, or any o.f .them are._ outstanding, 'au'advalorem tax of three fifths of one cent -(3/5) = on eacYi100.00 valuation of` all taxable property in the City of Beaumont, and said taxi or..so much thereof as shall be necessary, shall b)e annually assessed and. collected and applied ' to the purposes named. Section 6, 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,o-rdinances shall be read on three separate days before final passage; 'wher'efore, such rule, is hereby sirapended, and this ordinance shall take effect from and after -the date of its passage. Passed by the affirmative vote --of all members of the City Commission of the City of Beaumont, on this the day of , A.D. 192.4•'