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04-23-1951 Special MeetingA special meeting of the Mayor and Council was held at the City Hall, April 23, 1951, 7:00 P. M. Mayor J. M. Gibson, presiding with the following councilmen present; P. P. Shaw, H. L. McEntyre, Howard Hames, Stanley McCalla and C. W. Jones. Lex Jolley, Johnson, Lane, Space Co., M. J. Hensley, City Engineer and RaIph Lewis present. Contract read for information between City of Smyrna and Bennett Realty Company. Bids for a trenching machine read as follows: New Parson Ditcher Model 250 with standard equi ment,gas engine, trench depth 12f 611, truck width 30". $16,450.00 with 2% discount 10 days. W. C. Caye Co. Buckeye Model 160 for cutting ditches from 16V to 48" wide and down to 161-0 deep. Price $22,820.00 30" width; $230,010.00 38" width. Statham Machinery & Equipment Co, Atlanta, Ga. Buckeye Model 120 for cutting ditches from 18" to 3611 wide and down to 111- 6" deep, or from 32" to 48t' wide and to 81-011deep. Price $18,735.00-28" width; $19,180.00-36" width. Statham Machinery & Equipment Co., Atlanta, Ga. Bids attached to these minutes and made a part thereof. Motion by Stanley McCalla seconded by C. M. Jones to purchase New Parson Ditcher Moded 250 with standard equipment from W. C. Caye Co., price $16,.650.00 with 2% discount 10 days. Also to include 41 extension. Purchase to be made from Construction Fund. Voting for; Howard Hames, C. W. Jones, H. L. Mc Entyre and Stanley McCalla. Mr. Shaw not voting, out at time of voting. Motion carried. Sales contract attached to these::min., and made a part thereof. Motion. by C. IT. Jones, chmn. police committee seconded by Stanley McCalla to keep present police car and the purchase of. •a new car for police department be deferred until later wYien, the new models are available. Voted unanimous. Meeting a4journed. City Clerk + 1 , i I.f:�Li�_�• - - __ it _ '�el�t'�'i";—�.� -- _— _ _ —u. �'.. CRUSHERS TRACTORS COMPRESSORS ROLLERS SHOVELS GRADERS STATHAM MACHINERY AND EQUIPMENT CO. SALES - SERVICE RENTALS - REPAIRS CONTRACTORS EQUIPMENT AND SUPPLIES OFFICE PHONE 671 FORD PLACE, N. E. ATwooD 9424 ATLANTA, GEORGIA April 19, 1951 The Honorable Mayor and City Council, City of Smyrna, Smyrna, Georgia. Gentlemens We are please to submit for your consideration the following quotation: SCRAPERS RESIDENCE PHONE RAYMOND 1192 1 - Buckeye, Heavy Duty Ditcher - Model 160, Ladder type: Full orawler,mounted, 6 cylinder gasoline engine, 65 H.P. electric starter, battery, oil bath air cleaner, oil filter, clutch and brake steering, transmissions provide 5-forward and 2-reverse road speeds, 25-forward and 5-reverse digging speeds and 5-;-forward and 2-reverse digging chain speeds independent of travel speeds, 5-speed reversible pourer shifting conveyor equipped with anti -friction bearings, telescopic boom, bucket oleaner, and tool kit. Price, f.o.b. factory, Complete, Ready to dig with, 24-3/8" Buckets and QUICK CHANGE ROOTERS for ' 161 Digging Depth 381, out $23,010.00 Less 2% for cash payment on delivery. Shipping weight, Approximately 36,800 lbs. Optional Equipments Diesel Engine, G.M. series 4-71, 87 H.P. add 119315.00 Extra set of shipm for spacing Rooter Holders for standard cutting vddths 65.00 We can made delivery on purchase order carrying DO priority in June; on unrated order, October. We thank you for giving us an opportunity at quoting you and look forward to receiving your order. Yours very truly, ST MACHI & EQUIPMENT COMPMY s dent . HAS .f encl. QUOTATIONS SUBJECT TO PRIOR SALE OR RENTAL. ALL CONTRACTS AND AGREEMENTS ARE CONTINGENT UPON STRIKES, ACCIDENTS AND OTHER CAUSES BEYOND OUR CONTROL. FORA Ias—PARKS. �1� " / / •: - �— CUSTOMER COPY' WNDITIONAL SALES CONTRACT CiLtY-L _........................ ............ ..-Buy W. C. CAYE & COMPANY, INC. _.......►....�orr._... _..-_.. _....:._._ (Buyer's Address) s, OR ST., S. W. ATLANTA 3, GEORGIA q ti 87 WINDS Date: :...:_join,_ay._.U51....... -......................... _..............- ........ The undersigned Seller hereby sells, and the undersigned Buyer hereby purchases; on, the terms hereinafter set forth, the following described property: (Description of property) trariablAt::-.e -. f�.x ._a.an Kew Para I 1 2�Q TrenchLiaer*-ti#h::f all..-cratcl�er. - t�racL3. an, . 28 M treed ofFset bowr ._ `r l b ft �Qn.V.fgQ�'� csarl�ed.:g+�ariaag,.... F �ys��,._._.... w bucleet linm� /raoading, and diggiri �r .4ti.Q ,.: 14 1 -.... 1 - [ s ?'-.-R*uk _ ][4aQ 6. _._..... ...-..-_ } NZ A gasoline 4 •_ "� � , ZO:H.P._..: l R,�P,tI�. rlY'Pe �. Gtt�b....I,h._.di.Dple Coi pl eta a ih�a3 r M +�s zi x ,.-..ate .; i`, ,l r , _.szsi�a� ei].en $r._ and fed t�alt� -_ leattrS r� n.ta�c _............_ syateu. A .:�n�k��� � _l�ld�ecutt�ra .. Params:_xepl�►caahle point tae�.. ............ . d ♦y - ..� ,....I .._ .cn .i�r' ,i • t .±3. .,...:..:az, -'.��' It µ',j-'���{• '.�d IJL7�' i ....Unit°fix. ?� 2 6n T nc� 17Vtby- i8 _ :..Tr>ench Atir3th _ _.......... i;- --- - _...................._ 3© Siedecuttei^s for 28n uckete �..._.._ t� — �a .... �. :.... g for,which sum of s:16 D..._FOB_...... FaD. _.. of which .._........... ...........shall � the Bu en agrees to pay: Seller the um ` Q• r be paid in' cash 'on or ^before the date of shipment* andA t e balance in" installments as follows: .:: il• i.!i•--nit 3II.:..dc�y .... ........................................ ...... _._:...... ...... .............................. ................... ..................... .... .: ........ _....................... .........-_.-...........:.........._.......... ..... .. _ .. ..._---.....................--.... ............................ .--:.....-........ _.......- ......... i ;.id deferred installments are also evidenced by promissory ;notes bearing interest at the rate of _.:.___._..:.% per annum from date of invoice or ship- t. ent,' and providing,for collection of 10%a,attorney'a fees if collected by; law or an attorney at law. All of said notes are payable at-..___. The Buyer agrees to give each piece of equipment a careful, examination and a'fair trial within one day after receipt and to notify the Seller in writing �f within three days thereafter as to' any defect therein. Failure on the part of the Buyer" to give such notice or use of such equipment for more than- one day or continued retentioni,oyfr possession., shall'constitute an unconditional acceptance of said, equipment as delivered and a fulfillment or waiver of all warranties with respect ithereto ' except that the manufacturer's warranty of the above described 4 property in effect at the time of shipment will apply. Title to the property described herein (including all" additions, and, replacements)' shall continue and remain:in'the Seller until the entire purchase price herein provided for has been paid in full in cash,,and there shall be no abatement in,the purchase price on account of any loss, damage or destruction of said Y1- property; by fire or otherwise; whether due to Buyer's fault or notr,In the event the Buyeridefaults in the payment of any installment due on said purchase price, or fails to comply'.with,any+condition of this contract, or,in the event a proceeding in bankruptcy or insolvency is:issued against the Buyer, or if the w property be misused or. an attempt is made to remove it from the state in which the _Buyer 4now residesor the Seller for any reason deems the debt insecure, t the fu11 amount of the"purchase"price, which shall at that time be unpaid, shall, at the option of the Seller, immediately become due and payable, and the Seller shall have the right to enter upon'anyFpremises where said property or any part thereof -may be! located, and, either with or -without legal Proceedings, take im- E mediate possession of, said property, .' including any equipment or, accessories thereto, and` the .Seller :may either retain any and all payments made by the r,± Buyer prior to such default as:liquidated damages therefor, and/or as reasonable rent for such equipment, or the Seller may resell such property at either. ; `N public or private sale with or. 'without ': notice, to the Buyer upon such terms and in such manner as the Seller may determine, and applythe net proceeds of. any `such sale, after deducting reasonable attorney's fee, to the balance due hereon. Any surplus shall be paid over,to the Buyer and in case of deficiency, a j the Buyershall pay the, amount thereof to the Seller with interest. The Seller may bid at any public sale. It is specifically covenanted and agreed that the property described hereinabove shall at all times and for all purposes be and remain personal property $ notwithstanding the manner or mode . of its attachment to real estate The Buyer shall keep said property free of all taxes, liens and encumbrances and shall ! not remove the. same Ifrom the above address without ,the consent in writing of the Seller, its successors or assigns. The Buyer shall not transfer or attempt > a g to transfer, encumber or `attempt Ito encumber, sell or attempt to sell said property or; any interest therein. The Buyer shall insure said property for an ' amount equal to the balance due the:Seller thereon, and the Buyer agrees to pay all premiums of insurance therefor, and all policies of insurance shall pro- vide that any loss thereon shall be payable to the Seller as its interests shall appear and shall be delivered to Seller upon, request "In the: event the Buyer shall9 fail to pay any premium of insurance or shall fail to secure such insurance.- the i Seller may pay' such premiums' and/or secure such insurance, and the amounts paid by the Seller shall be repaid by the Buyer, and such payments shall be secured by this contract. �r This ' contract contains the entire agreement between the parties hereto and any warranties or guarantees not contained herein shall be of no force or effect whatsoever. This 'contract shall be construed in accordance with the laws of the State of Georgia.' The terms Buyer and Seller as used herein shall in- clude and apply to the heirs, executors; administrators, successors and assigns of the undersigned parties without reservation. Given ; der the and seal of each party. r. 5i ed ",Sealed",Sealed% 3c Dolivered iei theL�o_ (L. s.) __.........._. _.. - _.M.,. Witness as to Buyer: preseiaee of a _ B er .. 1 .. e Signed, 'Sealed do Delivered 'i in. the r l . tt „ Witness as to Seller: W. CAYE & COMPANY, INC. ( S) 1 - prasirr'icf ofi Accepted bject to'app 1 a....................... _:_. ..-_...... ....................... NotaryPublic By:...... ... ............................ _......... S. eeman ..Y' Approved and ce to ............. .... ................... By :.....:... ._ .... ......- ......................"..... ......:. ...... .. .............................. .:..... Au t hot 'iz Vd .