HomeMy Public PortalAboutORD08137 !
.! BILL NO.
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INTRODUCED BY COUNCILMAN
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CALLING A SPECIAL
ELECTION IN THE CITY TO SUBMIT TO THE QUALIFIED VOTERS THEREOF A
PROPOSITION TO EXTEND THE PRESENT CORPORATE LIMITS OF THE CITY TO
INCLUDE AN UNINCORPORATED AREA OF LAND CONTIGUOUS TO THE PRESENT
CORPORATE LIMITS OF THE CITY.
l WHEREAS, the City Council of the City of Jefferson, Missouri,
a resolution on March 3, 1969, to annex an unincorporated
area of land contiguous to the present city limits, said
'unincorporated area of land being described as follows:
"All that part of the following described tract of
land lying south of the quarter section line of Section
I 9, Township 44, Range 12:
I A part of the north one half of the south east
quarter and a part of the south one half of the north
east quarter of Section 9, Township 44, Range 12,
Cole County, Missouri, described as follows:
Beginning at the southeast corner of the north east
I one quarter of Section 9, Township 44, Range 12; thence
north 76 degrees 55 minutes west 316.18 feet to the point
�I of beginning; thence south 29 degrees 38 minut-s west 240
feet..; thence left along a 300 foot radius curve 230.38
feet; thence south 14 degrees 22 minutes east 285 feet;
thence right along a 300 foot radius curve 308.92 feet,
thence south 44 degrees 38 minutes west 161.73 feet;
thence right along a 400 foot radius curve 298.10 feet;
thence south 87 degrees 20 minutes west 366.40 feet;
f+ :hence right along a 400 foot radius curve 557.11 feet;
thence north 12 degrees 52 minutes west 20.04 feet; thence
right along a 500 foot radius curve 126.54 feet; thence
north 1 degree 38 minutes east 731.65 feet; thence south
I 88 degrees 22 minutes east 73.45 feet; thence left along
! a 285 foot radius curve 198. 97 feet; thence north 51
degrees 38minutes east 282.25 feet; thence right along
a 405 foot radius curve, 480. 66 feet; thence south 60
degrees 22 minutes east, 430 feet to point of beginning.
Bearings are magnetic.
Containing 36.09 acres, more or less, all in Cole
County, Missouri."
WHEREAS, the City of Jefferson, Missouri, did cause to be I
filed in the Circuit Court of Cole County, Missouri, in Case No.
124,187, a suit for a declaratory judgment authorizing the City to
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annex the area of land described above; and
WHEREAS, on the 24th day of March, 1969, the Circuit Court of
IlCole County, Missouri, did enter its judgment in said suit, author-
iizing the annexation into the City of the unincorporated area of
Hand described above, upon the consent of a majority of the
,qualified voters of the City voting at an election to be held for
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such purpose in said City; and
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WHEREAS, the Mayor and City Council of the City of Jefferson,
Missouri, with the consent of a majority of the legal voters of
(said City, voting at an election to be held for such purpose, by
the passage and approval of a city ordinance, have power to extend
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the limits of the City over territory contiguous thereto, a nd
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WHEREAS, the Mayor and City Council of the City of Jefferson,
Missouri, believe a special election should be held in the City to
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;determine if a majority of the qualified voters voting thereat are
in favor of extending the limits of the City to include the
;unincorporated area of land hereinbefore described. NOW THEREFORE
�iBE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON,
' IMISSOURI, AS FOLLOWS:
` Section 1. A special election shall be held in the City of
Jefferson, County of Cole, Missouri, on Tuesday, the 13th day of
( May, 1969, in order to submit to the qualified voters of said City
Ithe following proposition to-wit:
+� P R O P O S I T I ON
That the corporate limits of the City of Jefferson,
Missouri, shall be extended to include the fallowing
described unincorporated area of land contiguous to
the present city corporate limits :
"All that part of the following described tract of
i land lying south of the quarter section line of Section �
9, Township 44, Range 12:
A part of the north one half of the south east
quarter and a part of the south one half of the north
east quarter of Section 9, Township 44, Range 12, Cole
�! County, Missouri, described as follows :
Beginning at the south east corner of the north
east one quarter of Section 9, Township 44, Range 12; {
thence north 76 degrees 55 minutes west 316.18 feet to
the point of beginning; thence south 29 degrees 38
minutes west 240 feet; thence left along a 300 foot
I radius curve 230.38 feet; thence south 14 degrees 22
minutes east 285 feet; thence right along a 300 foot
radius curve 308.92 feet; thence south 44 degrees 38
minutes west 161. 73 feet; thence right along a 400
foot radius curve 298.10 feet; thence south 87 degrees
20 minutes west 366.40 feet; thence right along a 400
+ foot radius curve 557.11 feet; thence north 12 degrees
52 minutes west 20.04 feet; thence right along a 500
foot radius curve 126.54 feet; thence north 1 degree
38 minutes east 731.65 feet; thence south 88 degrees
22 minutes east 73. 1: '.", feet; thence left along a 285
foot radius curve 198.97 feet; thence north 51 degrees
38 minutes east 282.25 feet; thence right along a 405
foot radius curve 480.66 feet; thence south 60 degrees
22 minutes east, 430 feet to point of beginning.
Bearings are magnetic.
i Containing 36.09 acres, more or less , all in Cole
fCounty, Missouri."
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Section 2. That the said election shall be held in all wards
and precincts in the city at the polling places selected by the
City Council and published as provided for in Sections 10.080 and
10.090 of Ordinance No. 7593 of the city, as amended. Polls of
said election shall be open at the hour of six A.M. , and continue
open until the hour of seven P.M. , on said date. Said election
shall be held and conducted and the results thereof shall be
icertified, canvassed, and declared in all respects in conformity
11with the Constitution and Laws of the State of Missouri governing
elections in said City of Jefferson and in accordance with the
ordinances of said city.
' Section 3. That the City Clerk be and she is hereby author-
ized and directed to give notice of said election by publication in
the Jefferson City Post-Tribune, a daily newspaper printed and
published in the City of Jefferson and of general circulation
therein. Said notice shall be published in said newspaper once a
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week for four consecutive weeks, and on the same day in each week.
The first publication of said notice shall be made at least twenty-
one (21) days before the date of said election and the last publi-
cation shall be made within ten (10) days of the date of said
election. The notice to be published shall be substantially in the
following form, to-wit:
NOTICE OF SPECIAL ELECTION
CITY OF JEFFERSON, MISSOURI.
Notice is hereby given that a Special Election shall be held in the
City of Jefferson, Cole County, Missouri, on Tuesday, May 13, 1969,
to submit to the qualified voters of the City the following
proposition:
P R O P O S I T I O N
That the corporate limits of the City of Jefferson,
Missouri, shall be extended to include the following describe
unincorporated area of land contiguous to the present
city corporate limits:
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ji "All that art of the following escribed tract
of land lying south of the quarter section line of
I� Section 9, Township 44, Range 12:
A part of the north one half of the south east
quarter and a part of the south one half of the north
east quarter of Section 9, Township 44, Range 12,
Cole County Missouri, described as follows :
Beginning at the southeast corner of the north
east one quarter of Section 9, Township 44, Range 12;
thence north 76 degrees 55 minutes west 316.18 feet
�? to the point of beginning; thence south 29 degrees 38
;! minutes west 240 feet; thence left. along a 300 foot ?
1' radius curve 230.38 feet; thence south 14 degrees 22 I
minutes east 285 feet; thence right along a 300 foot
�i radius curve 308.92 feet; thence south 44 degrees 38
I? minutes west 161. 73 feet; thence right along a 400 +
' foot radius curve 298.10 feet; thence south 87 degrees f
�! 20 minutes west 366.40 feet; thence right along a 4.00
it foot radius curve 557. 11 feet; thence north 12 degrees
!� 52 minutes west 20.04 feet; thence right along a 500
�I foot radius curve 126.54 feet; thence north 1 degree
38 minutes east 731.65 feet; thence south 88 degrees
22 minutes east 73.45 feet; thence left along a 285
foot radius curve 198.97 feet; thence north 51 degrees
38 minutes east 282.25 feet; thence right along a 405
foot radius curve 480.66 feet; thence south 60 degrees
4 22 minutes east, 430 feet to point of beginning.
Bearings are magnetic.
ii Containing 36.09 acres, more or less, all in
! Cole County, Missouri."
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IThe election will be held at the voting places in each precinct of
each ward of the city to be selected by the city council and
jpublished in the manner provided by ordinance.
!!The polls at said election shall be open at the hour of six o'clock
j'A.M. and will continue open until the hour of seven o'clock P.M. on
jaaid date.
11AII persons who are legal voters in said city will be entitled to
j;vote at said election.
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ll Given under my hand and corporate seal of the City of I
Jefferson, Missouri, this � day of April, 1969.
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Section 4. The City Clerk is hereby authorized and directed
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Ito furnish the judges and clerks of said election with all poll
lbooks, tally sheets, ballots, ballot boxes and all other materials !
and supplies necessary and re q uired for the conduct of said
selections, and the ballot to be so provided shall be printed in
! substantially the following form:
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OFFICIAL BALLOT
11 SPECIAL ELECTION
i CITY OF JEFFERSON,
COLE COUNTY, MISSOURI,
TUESDAY, MAY 13, 1969.
P R O P O S I T I O N
That the corporate limits of the City of Jefferson,
Missouri, shall be extended to include the following
described unincorporated area of land contiguous to
lthe present city corporate limits.
�I "All that part of the following described tract of
land lying south of the quarter section line of Section
9, Township 44', Range 12:
{ A part of the north one half of the south east
quarter and a part of the south one half of the north
east quarter of Section 9, Township 44, Range 12, Cole
11 County, Missouri, described as follows:
Beginning at the south east corner of the north east
one quarter of Section 9, Township 44, Range 12; thence
+j' north 76 degrees 55 minutes west 316.18 feet to the point
of beginning; thence south 29 degrees 38 minutes west 240
II feet; thence left along a 300 foot radius curve 230.38
feet; thence_ south 14 degrees 22 minutes east 285 feet;
i thence right along a 300 foot radius curve 308.92 feet;
thence south 44 degrees .38 minutes west 161.73 feet;
thence right along a 400 foot radius curve 298.10 feet;
thence south 87 degrees 20 minutes west 366.40 feet;
thence right along a 400 foot radius curve 557.11 feet;
thence north 12 degrees 52 minutes west 20.04 feet;
thence right along a 500 foot radius curve 126. 54 feet;
thence north l degree 38 minutes east 731. 65 feet;
thence south 88 degrees 22 minutes east 73.45 feet;
thence left along a 285 foot radius curve 198.97 feet;
thence north 51 degrees 38 minutes east 282.25 feet;
thence right along a 405 foot radius curve 480.66 feet;
thence south 60 degrees 22 minutes east, 430 feet to
point of beginning.
Bearings are magnetic .
Containing 36.09 acres, more or less, all in Cole
County, Missouri."
FOR EXTENSION OF CITY LIMITS
AGAINST EXTENSION OF CITY LIMITS
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(Place "X" in the square opposite your choice.) i
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Section 5. This ordinance shall take effect and be in force
from and after its passage and approval.
Passed Approved
resident of he Coun Mayor
Attest
Oty Clerk
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CONTRACT FOR PUBLIC WORK
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THIS CONTRACT, made and entered into this 16 '�' day of
/t 1969, by and between John G. Christy, President of the City Council f the
City of Jefferson, Missouri, a municipal corporation of the third class of
;'....,
th State of Missouri, Party of the First Part, and who acts for and on
be f of the City of Jefferson, and Affholder, Inc. , Party of the Second
Part, WITNESSETH:
THAT, WHEREAS, the City Council of the City of Jefferson, Missouri,
did, on the 7th day of April, 1969, award to the Party of the Second Part,
Affholder, Inc. , the contract for the improvement of the East Main Sewer
(Boring portion) .
NOW, THEREFORE, for and in consideration of the awarding of this
contract and the work thereunder by said First Party hereto, the City of
Jefferson, Missouri, to the Second Party, Affholder, inc. , the said Second
Party does hereby contract and agree to do and perform said work, above
specified and referred to, for the following prices and to accept in
payment therefore monies now in the treasury of the First Party, upon
the acceptance of said work by the City Council of said City of Jefferson.
j QUANTITY CLASSIFICATION AMOUNT
lump sum Trench and bore work for sewer main $14, 991.00
and manholes, Route 50,, Cole County,
Jefferson City, Missouri
Upon completion of the work, readjustments in the contract price shall
be made according to actual measurements and at the price per unit specified
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in the contract, but in no event shall the final amount due under the
contract exceed the engineer ' s estimate.
NOW, BY THESE PRESENTS, it is agreed and understood by the parties
hereto, that this contract is entered into subject to all existing
ordinances of the City of Jefferson, and charter thereof, pertaining to
the work awarded and subject to the plans and specifications and estimates
of the costs for such work on file in the office of the Director of Public
jWorks, and which shall be considered a park and parcel of this contract;
t all questions arising as to the proper performance of this contract
? o uch work in accordance with the plans and specifications therefor, and
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estimate thereof, shall be decided by the Director of Public Works of the
City of Jefferson, Missouri., or -by such competent person appointed by the
Mayor and the City Council of the City of Jefferson to supervise and
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superintend said work in the place of and instead of such Director of
Public Works ; that in the case of improper construction, the City of
' Jefferson reserves the right at any time to suspend, re-let or order- an
entire reconstruction of the work; that for failure on the part of the
contractor to perform the work within the time agreed upon in this contract,
to--wit: Within sixty (60) working days from issuance of a Notice to
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Proceed; provided that the same may be extended for the completion of
work by the City Council for good cause shown, but ordinances extending
same must be passed prior to the expiration of original time or time as
t extended; and the City reserves the right at any time to suspend,
rG-let or order an entire reconstruction of the work awarded and to declare
the contract forfeited; but , that such suspension, re-letting or reconstruc-
tion or forfeiture' shall not affect the right of the City to recover all
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damages and penalties accruing or due it by reason of the contractor's
non-compliance with this contract.
The Second Party agrees to pay all classes and crafts of labor used
i he performance of this contract the prevailing hourly rate of wages
a etermined by the Department of Labor and industrial Relations .
The contractor further agrees, as the Second Party, that he will keep
an accurate record showing the names and occupation of all workmen
employed by them in connection with the work to be performed under the
terms of this contract, which record shall show the actual wages paid to
each of said workmen in connection with the work to be performed under
the terms of this contract, and agrees further that the aforementioned
accurate record shall be available and open at all reasonable hours for
the inspection by the Director of Public Works or any other authorized
employee of the City of Jefferson.
i If the said contractor shall neglect, fail or refuse to complete the
!� work within the time herein specified, or any proper extension thereof
granted by the City of Jefferson, then the contractor does hereby agree,
a4l part consideration for the awarding of this contract, to pay the
City of Jefferson the amount of Fifteen ($15.00) dollars not as a penalty
but as liquidated damages for such breach of contract, for each and
every working day that the contractor shall be in default after the
i time stipulated in the contract for completing the work.
! The Second Party agrees to completely indemnify and hold harmless
' the City of Jefferson for any and all damages, injuries, actions, costs,
attorneys fees and all other expenses whatsoever, arising out of the
performance of said work whether the property or persons damaged are the
servants and empl6yees of the Second Party, or third parties in• no manner
connected with said work. All interlin.eations,' corrections, deletions
and changes herein have been made prior to the execution of this contract.
IN WITNESS.% EOF'', the part ' v* reunto set their hands and
s s this ? day of 1969.
T__
CITY VER SO N, SS
' AF LDE NC. ~`i 1 • . .
This contract, executed in duplicate, one copy being deposited in
the office of the City Clerk of the City of Jefferson, and the other
being retained by"the Party of the Second Part.
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CONTRACT FOR PUBLIC WORK
THIS CONTRACT, made and entered into this /(, '6 day of
1969, by and between John G. Christy, President of the City Council o the
City of Jefferson, Missouri, a municipal corporation of the third class of
th State of Missouri, Party of the First Part, and who acts for and on
be f of the City of Jefferson, and Affholder, Inc. , Party of the Second
Part, WITNESSETH:
THAT, WHEREAS, the City Council of the City of Jefferson, Missouri,
did, 'on the 7th day of April, 1969, award to the Party of the Second Part,
Affholder, Inc. , the contract for the improvement of the East Main Sewer
(Boring portion) .
NOW, THEREFORE, for and in consideration of the awarding of this
contract and the work thereunder by said First Party hereto, the City of
Jefferson, Missouri, to the Second Party, Affholder, Inc. , the said Second
Party does hereby contract and agree to do and perform said work, above
specified and referred to, for the following prices and to accept in
payment therefore monies now in the treasury of the First Party, upon
the acceptance of said work by the City Council of said City of Jefferson.
QUANTITY CLASSIFICATION AMOUNT
lump sum Trench and bore work for sewer main $14, 991.00
and manholes, Route 50, Cole County,
Jefferson City, Missouri
Upon completion of the work, readjustments in the contract price shall
be made according to actual measurements and at the price per unit specified
in the contract, but in no event shall. the final amount due under the
contract exceed the engineer' s estimate.
NOW, BY THESE PRESENTS, it is agreed and understood by the parties
hereto, that this contract is entered into subject to all existing
ordinances of the City of Jefferson, and charter thereof, pertaining to
the work awarded and subject to the plans and specifications and estimates
of the costs for such work on file in the office of the Director of Public
UTorks, and which shall. be considered a part and parcel of this contract;
thgL all questions arising as to the proper performance of this contract
of uch work in accordance with the plans and specifications therefor, and
estimate thereof, shall be decided by the Director of Public Works of the
City of Jefferson, Missouri, or by such competent person appointed by the
Mayor and the City Council of the City of Jefferson to supervise and
superintend said work in the place of and instead of such Director of
Public Works; that in the case of improper construction, the City of
Jefferson reserves the right at any time to suspend, re-let or order an
entire reconstruction of the work; that for failure on the part of the
contractor to perform the work within the time agreed upon in this contract,
to-wit: Within sixty (60) working days from issuance of a Notice to
Proceed; provided that the same may be extended for the completion of
work by the City Council for good cause shown, but ordinances extending
same must be passed prior to the expiration of original time or time as
f' extended; and the City reserves the right at any time to suspend,
re et or order an entire reconstruction of the work awarded and to declare
the contract forfeited; but that such suspension, re-letting or reconstruc-
tion or forfeiture shall not affect the right of the City to recover all
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damages and penalties accruing or due it by reason of the contractor's
non--compliance with this contract.
The Second Party agrees to pay all classes and crafts of labor used
in he performance of this contract the prevailing hourly rate of wages
as U termined by the Department of Labor and Industrial Relations .
The contractor further agrees , as the Second Party, that he will keep
an accurate record showing the names and occupation of all workmen
employed by them in connection with the work to be performed under the
terms of this contract, which record shall show the actual wages paid to
each of said workmen in connection with the work to be performed under
the terms of this contract, and agrees further that the aforementioned
accurate record shall be available and open at all reasonable hours for
the inspection by the Director of Public Works or any other authorized
employee of the City of Jefferson.
If the said contractor shall neglect, fail or refuse to complete the
work within the time herein specified, or any proper extension thereof
granted by the City of Jefferson, then the contractor does hereby agree,
as part consideration for the awarding of this contract, to pay the
City of Jefferson the amount of Fifteen ($15.00) dollars not as a penalty
but as liquidated damages for such breach of contract, for each and
every working day that the contractor shall be in default after the
time stipulated in the contract for completing the work.
The Second Party agrees to completely indemnify and hold harmless
the City of Jefferson for any and all damages, injuries, actions, costs,
attorneys fees and all other expenses whatsoever, arising out of -the
performance of said work whether the property or persons damaged are the
servants and employees of the Second Party, or third parties in no manner
connected with said work. All interlineations, correctiozis, deletions
and changes herein have been made prior to the execution of this contract.
IN WITNESS WN��`( F, the parties
have, eunto set their hands and
se this !mot -'day of 1969.
CITY OF J FFERSON, .MISS .I
AFF(LEa NC. r�
(BY) bl. 644
This contract, executed in duplicate, one copy being deposited in
the office of the City Clerk of the City of Jefferson, and the other
:;. .. being retained by the Party of the Second Part.
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