5400ORDINAN01 NO. 5400
AN ORDINANCE PROVIDING FOR EXTENSION OF TIME FOR THE CITY TO
RECEIVE MATERIALS TO APPLY ON RENTS ON LEASE TO BIG ROCK
STONE & MATERIAL COMPANY, AND GIVING CREDIT THEREON FOR
MATERIALS AND WORK HERETOFORE FURNISHED AP DONE FOR THE CITY
BY BIG ROCS STONE & MATERIAL COMPANY.
WHEREAS, byy Ordinance No. 5335, passed April 27,
1936J°wtd 0rdinanee No. 5338, passed May 11, 19362 a certain
agreemest.was entered into by and between the City and Big
Rock Stone & Material Company for extension of the lease to
Big Rock Stone & Material Company of a certain tract of land
between the East line of Ashley Street, extended, and the
West line of Broadway Street, extended; and in pursuance
thereto a certain written contract embodying the terms pro-
vided in said Ordinance was on May 13, 1936 signed on behalf
of the City and of Big Rock Stone & Material Company, and is
recorded in Record Book No. 273, at page 334 of the records
in the office of the Recorder for Pulaski County,-Arkansas;
and,
WHEREAS, the said ordinances and contract provide
that the materials to be used by the City thereunder would be
used within the calendar year 1936; and,
WHEREAS, in said year the City has taken from Big
Rock Stone & Material Company the following quantities of ma-
terials, at the contract price, to -wit:
.r 11,072.65 tons N ®. 2 stone @ $1.10 per ton $12,170.M8
Sales tax paid by Big Rock Stone
& Material Compare 243.19.$121423.11
42053.34 tons of sand @ 7Gper ton,used at
Airport �;r 22837.37
Sales tax paid by Kig Rock Stone
& Material Company 54.26
105.18 tons of sand @ 70� per ton, used
in City Park 73.63
Sales tax thereon paid:by'Big Rock
Stone & Material Company 8.62
Drayage thereon 13.63 2,987.56
557.87 cubic yards of concrete @ $3.70
per cubic yard (city furnishing cement) 22064.08 j
And, WHEREAS, in order to comply with its application
to the Works Progress Administration, Project No. 360 -367, the l
City purchased from Big Rock Stone & Material p:,;
of No. 3 stone @ $1.25 per ton, amounting to $34.13; 162000
asphalt expansion joints at cost, being 80 a foot, amounting to
$136 0.00; and had it prepare and haul cement grouting amounting
to $660.25; which. Big. Rock Stone & Material Company agrees it
will credit on the balance of No. 2 stone -and sand, making a
total credit of Big Rock Stone & Material Company on repaymeaxt
of its rental under said lease, of $24;529.18; and wilpl extent
the time for the City to use the remainder of the stone and sand
provided for in said contract, to be delivered by Big Rock Stone
& Material Company to the City at such times and in such quanti-
ties as the City shall order in the calendar year 1937:
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF LITTLE ROCK:'
Section 1. That Big Rock Stone & Material Company
be and is hereby given credit on prepayment of its rent un-
der said lease, for the aforesaid sums on the aforesaid items
specified in said contract; leaving a balance of $3,126.12 eredit
to-the City, to be absorbe& by it in the calendar year 1937 in
No 2 stone at $1.10 per ton f.o.b. lessee's plant at Big Rock,
or sand at 70� per ton at foot of Ashley Street; as the City may
elect to take from time to time, being the respective prices and
terms stated in said contract.
Section 2. If..Big.Rock Stone & Material Company is
required hereafter to pay any item for sales tax on any com-
modities delivered to it under said contract and this contract,
the_City shall reimburse Big Rock Stone & Material Company for
any such sales taxes so paid by it.
Section 3. This ordinance shall take effect and be
in force on and after its passage; and a copy of it, signed by
the Mayor and attested by the City Clerk, and signed by Big
Hock Stone & Material Company, shall constitute the written
contract between the parties in the matters herein described.
Attest: Approved:
City Clerk. Mayor.
BIB ROCS ;& & MATERIAL CO.
B ?.
esi�ient.