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Home My WebLink AboutORD 19-Fjb AN ORDINANCE ENTITLED AN-ORDI_�ANCE LEASING _O GUY W. JUNKER, J. E. BROUSSARD '. �. AND J. L. 11APES.j INDIVIDUALLY AND IN THEIR CAPACITIES AS TRUSTEES OF THE BEAUT':IONT COTTON :COMPRESS COEPANY-, TO BE HEREAFTER ORGANIZED, FOR A PERIOD OF TWENTY-FIVE (25) YEARS FOR THE PURPOSE OF OPERATING A COTTON MVIPRESS, PROPERTY BELONGING TO THE CITY OF- BE:�UMONT, HERE--: -INAFTER DESCRIBED UNDLR SAID TERMS AND CONDITIONS AS HEREIN. SET FORTH, AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CON- FLICT HERE1111I^1H. BE IT ORDAINED BY THE CITY COI111ISSIOIS OF THE CITY OF BEAU MONT :: SECTION I. That Guy W. Junkers - J. E. Broussard ,and J. L. Ijriapes, individually and in their capacities as Trustees of the Beaumont Cotton Compress Com- pany, are hereby granted for a -period of twenty .five (25 )' years, to begin at the completion*of the improvements to be made by the City of ''Beaumont as hereinafter specified, permission to use , :for the purpose :of operating a cotton compress,'.that certain tract or .par eel of land, together with the improvements to be placed thereon -bel the City of Beaumont as hereinafter specified, located and -situated in the -City of Beaumont, Jefferson County, Texas, being more particularly described by m-etes and:'bounds as follows, to -wit: "beginning on U. .S. monument line C to D- -150. Feet north 88 degrees. 2 minutes -west of Ylonument D; Thence north 1 de-gr.ee.58 minutes east 42 feet to the beginning corner of the tract herein described.; Thence north 88 degrees two (2) minutes west '900 feet; _ Thence -north 1 degree 58 minutes east 125 feet; Thence south 88 degrees 2 minutes east 900 feet; Thence -south 1 degree 58 minutes west 125 feet to the beginning corner, and any additional property that.- may hat.may be required for storage of fuel for said. plant to be designated by the City.ITanager." SECT ION. I I. - it is underst�pod.and agreed that the consideration of this lease is five (�.0.5�) per bale for all cotton pressed on said premises and two and one-half cents per bale.for all cotton handled on said premises but which- is� not pressed, until said amount is sufficient to take care of the interest on tha.City's total investment at the rate of interest. the City is required to -pay and that said consideration is to be pay- able to -the City of Beaumont in monthly installments, the first in- stallment to, be due and payable one 'month from the day that said r improvements hereinafter -specified 'ares completed, and a like installmant to be due and payable on the first. 'of each and every montes thereafter during the term of this lease, said. total consideration to -:b e definitely determined after the' completio.n of the imprevements by the -City -of Beaumont as_here.inafter specified and.to be added to the lease by a supplement ,attached thereto, SDI CTION III. It is further understood and agreed that the City of Beatianont will build a warehouse.. at its own expense on said premises above described, 900 ft. -x 125 ft. to house a cotton compress- and for warehouse purposes and will equip the same with a sprinkler system sufficient to meet the requirements of the National Board of ]Rire Undexzxiters. SECTION IV. It is further understood and agreed that the City of Beaumont will build necessary tracks, roadways and runways from the warehouse to the wharves.. SECTION V. It is further understood and agreed that the Cituy of Beaumont will, within a 'reasonable length -of time, and does hereby give Guy W. Junkers J.E; Broussard and J. L.1 -d -apes, individually and in their capacities as. Trustee -s of the Beaumont Cotton Compress Company, the right to -lease additional space and warehouses, if needed; --provided that said space and warehouses mentioned herein do not interfere with the City's right to use said .property in c-onnection: with its wharves. SECTION -VI. It is further understood and agreed that the City of Beaumont will begin said construction of. said warehouse, etc'. s as above. des- cribed a.s. soon. as preparation -of plans, finances, etc., are arranged. SECTION VII. It is further understood and agreed -by the parties hereto that Guy W. Junkers J.E.Broussard and J. L. 'gapes, individually and in -in accordance with the: speficiations imposed by the National Board of Fire Under,:,rriters; but, in this connection, it is further understood - and agreed -between the parties hereto, that the property so installed. by, the said Ouy J. -Dunker., J.E.Broussard aiid'J, L.Tapes, individually and, in their capap6ties as Trustees of the Beaumont Cotton Gompress.. Company,ar their' assigns shall be and remain the` -property of Guy W. Junker, T.3'.Broussarcl and J. L. Mapes 'and their assigns, subject to the lien herein given for the rent. to the- City of Beaumont, and :the s aid buy ,J. Junker, J. E., Bro ia. sar-d and J. L. Mape s and their assigns are hereby given the right -at the termination of this lease to remove any and all property placed on -said premises by them or their assigns:. SECTION VIII. It is further understood and agreed by the parties hereto that Guy `W. Junker, J.E.Broussard and J.L.Mapes, individually and. in their capacities as Trustees of the Beaumon3tl:otton Compress Company, and their assigns, will, after the execution of said lease, be responsible for the maintenance of said plant or compress. /\ SECTION IX. It is further understood and agreed by and between the parties hereto that Guy 1.9. Dunker; J.E.Brous•sard. and T.L.Map6s, individually and in their capacities.as Trustees of the Beaumont -Cotton Compress Coh1pany,and their assigns have the 'right to assign this lease- to the Beaumont Uotton Compress Company, its suc'cess.ors and -assigns. SECTION X. It is further understood and ,agreed by, and between the parties hereto that the said Guy 71.7. Junker,J.E:Broussard and D.L.Mapes, in- dividually and as Trustees of the Beaumont Cotton Compress Company, and - their assigns shall pay all taxes on such property.as may be installed by the Compress Company or its asaigns, and. shall keep and perform all laws and ordinances whether National, State: or municipal. MICTION XI. It is expressly agreed and understood by and between the parties iv.�. -in accordance with the: speficiations imposed by the National Board of Fire Under,:,rriters; but, in this connection, it is further understood - and agreed -between the parties hereto, that the property so installed. by, the said Ouy J. -Dunker., J.E.Broussard aiid'J, L.Tapes, individually and, in their capap6ties as Trustees of the Beaumont Cotton Gompress.. Company,ar their' assigns shall be and remain the` -property of Guy W. Junker, T.3'.Broussarcl and J. L. Mapes 'and their assigns, subject to the lien herein given for the rent. to the- City of Beaumont, and :the s aid buy ,J. Junker, J. E., Bro ia. sar-d and J. L. Mape s and their assigns are hereby given the right -at the termination of this lease to remove any and all property placed on -said premises by them or their assigns:. SECTION VIII. It is further understood and agreed by the parties hereto that Guy `W. Junker, J.E.Broussard and J.L.Mapes, individually and. in their capacities as Trustees of the Beaumon3tl:otton Compress Company, and their assigns, will, after the execution of said lease, be responsible for the maintenance of said plant or compress. /\ SECTION IX. It is further understood and agreed by and between the parties hereto that Guy 1.9. Dunker; J.E.Brous•sard. and T.L.Map6s, individually and in their capacities.as Trustees of the Beaumont -Cotton Compress Coh1pany,and their assigns have the 'right to assign this lease- to the Beaumont Uotton Compress Company, its suc'cess.ors and -assigns. SECTION X. It is further understood and ,agreed by, and between the parties hereto that the said Guy 71.7. Junker,J.E:Broussard and D.L.Mapes, in- dividually and as Trustees of the Beaumont Cotton Compress Company, and - their assigns shall pay all taxes on such property.as may be installed by the Compress Company or its asaigns, and. shall keep and perform all laws and ordinances whether National, State: or municipal. MICTION XI. It is expressly agreed and understood by and between the parties to Guy V[. Junker4i - J . E. Bro us.sard and. J. L. Mapes, individually and in their capacities as Trustees of ' the Beaumont Cotton Gompress: Company, and their asaigns to se.cure t:he prompt 'payment of the rent and other covenants herein stipulated for the use of said premises;but in thin connection, it is understood and agreed between. the parties hereto th-a-t the lien herein given to the City of. Beaumont shall be and is'subject to the lien given by the said Guy '1. Junker,J.E.Broussard and J.I,:Ya,pes and their assigns' to the Webb Dress Company,- or any other parties from whom said machinery may be purcliase.d and a lien given -to secure the same. SECTION XII., The. saiduy W. Junker., .J.E.Brous.sard and J. L.Mape-s,. in- dividually and in their capacities as. Trustees of- the Beaumont Cotton Compress Company and their assigns, 'cove.nant and agree= that they will keep said premises fully insured from, fire-, with some good and solvent insurance Company with a mortgage clause payable to the City of Beaumont as: its interest may appear. SECTION XIII. The said Guy 1,V. Junker,J.E.Broussard and. J. -h:- Idapes, in-- dividually and in their capacities as Trustees -of the Beaumont Cotton Compress Company, and their. assigns, covenant- and agree that they will, at the aspiration of said term peacefully yield unto the. said City of Beaumont all and singular the pre=mises and all fuJfture. erections or additions to or upon the same in the same condi tion as they were when received,oridnary wear and tear and acts of God. exdepted; provided,how- ever, that. if the lessees or their assigns do or shall neglect or fail - to perform "and observe any or either .of the conditions contained in this lease, or, if they or their assigns shall be declared a bankrupt according .to- law of make any assignments for the benefit of .the creditors, then in either of said cases, the City of Beaumont may_ imm-diately, or at any time thereafter, and without further notice or •demand,enter into and upon said premises, .or any..part thereof, and re possess the same. without being deemed- -,uilty of anv manner of trespass.. a Y,v and -all claims fnr 192- All ordinances and parts of ordinances' and—privileges. hereto- -fore granted. by the Gity of Beaumont to -Guy W._Junker, J. X.Brouasard- and J. L. Mapes, individually and in their capacities as Trustees of the Beaumont Gotton. Compress Company,, affecting the rights of the parties hereto '_to the. properties -.and rights hereinabove: described are: hereby repealed insofar as they -conflict with this ordinance; but no further, and all. parts thereof not in conflict with the ordinance, are - still maintained in farce anal effect. Passed and approved on this the day -of , A. D. 1926. The State of Texas, County of Jefferson Before me the undersigned authority, on this day personally appeared .................. .. ...now to me, who being by me duly sworn, on his oath de- ' ` Ya E poses and says that he is the ........ ... . .. . . . .. .. , :.. of the �AUN�N BEAUMONT JOURNAL, a newspaper published in said county; that a copy of the within and oregoing was published in said newspaper, such publication being on the following dates: A, D. 192. fes; and a newspaper_ copy of which is hereto at- - ... ........ jSworn td -and subscribed before me, this. '....day o' . D. 192147 - •/ .... - SIS. n£� N , ., 1Votary Public, Jefferson Co 'nty, Texas. zYS`