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HomeMy Public PortalAboutORD06279 71 '4. #6279 AN ORDINANCE PROHIBITING THE OPERATOR OF A MOTOR VEHICLE FROM PERMITTING THE SAME TO BE --ARKED ON THEE; AST SIDE OF MARSHALL STREET FOR A DISTANCE OF 200 FEET SOUTH OF THE SOUTH CURB OF STATE STREET, AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSONO MISSOURI, AS FOLLOWS: Section 1, It shall be unlawful for the operator of a motor vehicle to permit the same to be parked on the east side of Marsgal� Street for a distance of two hundred (200) feet south of the south curb of State Street. Section 2. Anyone violating any of the -berms of this ordi- nance shall be deemed guilty of a misdemeanor. Section 3. This ordinance shall be in force and effect from and after its passage and approval. Passed 6/4/ .1956 Approved 6-7- 1950 Arthur W. Ellis Arthur W. Ellis Presiaent of the Council KIW-77 r #6280 AN ORDINANCE AUTUCIRIZTNG AND DIRECTING Tffl,' MA71CR P11D THE CITY CLERK OF THE CITY OF JEFFERSON, MISSOURI, To mTM INTO AND EWJTE FOR AND ON BMUIX OF THE CIff OF JEEVERSON., MISSOURI, A CONTRACT, RECEIPT AND RLWJLS-E AMMMrl WITH MOM SCLMM AM VERA SCHMUTZ. BE IT QRDAIM BY THE CM COUNCIL OF THE CITY OF MTERSONj, MISSOURI., AS Section 1. The Mayor and the City Clerk of the City of Jefferson, Missouri., are hereby authorized and directed to enter into and execute., for and on behalf of the City of Jefferson, Missourip a contract., receipt and release agreement with Emaiett Schmutz and Vera Sch=tz, a copy of said contract., receipt and release agreement., to read as follows: CORMCT, RECEIPT AND RELEASE THIS AGRK5=., made and entered into this 4th day of June, 1956, by and between Emmett Schmutz and Vera Schmutz) of Jefferson City., Cole County, Missouri., First Parties., and the City of Jefferson., a municipal corporation existing pursuant to the laws of the State of Missouri., within Cole County., Missouri,, Second Party: WITNESSETH Whereas the First Parties, as husband and wife., are the owners of real property located adjacent to the Schott Road in Jefferson City., Missouri,, and Whereas in the month of June,, 1955, First Parties were using said real estate as a trailer court for house trailers, and Whereas the sewage resulting from the occupancy of said house trailers was carried into a septic tank located on the premises., and Whereas said septic tank was inadequate to properly receive and hold said sewage.. and Whereas the First Parties were desirous of having the Second Party create a sewer district for a land area in which the real property of the First Parties were located,, and Whereas the Second Party,, through its councilmen and employees investi- gated to determine the feelings of other residents and owners of real property in the sewer district proposed to be created., and Whereas the Second Party learned through its investigation that the otber residents in the area proposed to be included in a sanitary sewer district were opposed to the formation of said sanitary sewer district and the construe- Sion of a sanitary sewer therein because of the heavy expense involved, and Whereas it was agreed between the First Parties, the Second Party and the remaining land owners that a sewer district would be created and a sanitary sewer constructed therein which would be adequate. to serve all parties iiho owned real estate within the brnandarie:s of said district, and Whereas it was further agreed that the First Parties would pay one- i half of the proposed cost of said construction work in said sanitary sewer II district, and ii Whereas the estimate of the City Engineer of the Second Party for the total cost of the proposed sanitary sewer. was $8,1 103.85, and �j Whereas the City Council of the Second Party passed Ordinance number 6118 which established Sewer District No. 98 within the City of Jefferson City on July 14th, 1955, which ordinance was approved on July 18th" 1955, said Sewer District No. 98 being a sewer district the boundary of which would include the real estate of First Parties on the Schott Road, along with the real estate of other residents of Jefferson City, Missouri, and Whereas the City Council of the Second Party passed Ordinance number 6119 which provided for the construction of a sanitary sewer in sewer district number 98 on July 14th, 1955, which ordinance was approved on July 18th2 1955, and Whereas the First Parties, on July 14th, 1955, deposited with the City Clerk of the Second Party a Certified Check in the amount of $4200.00 pursuant to the terms of the agreement entered into by and between First Parties, Second Party and the remaining owners of real property within the proposed sewer district, and Whereas the work of constructing said sewers was let under a contract with the E. F. Kieselbach Construction Company of Jefferson City, Missouri, at a contract price of $8396.75, and thereafter the said construction company duly and properly constructed said sanitary sewer in sewer district No. 98, and Whereas at a meeting of the City Council of the Second Party, a con- struction report of the City Engineer of the Second Party was made to the City Council and approved by them, and whereas at the same meeting of the City Council of the Second Party, said meeting being held on December 5th, 1955, the I City Council passed Ordinance number 6211 levying and assessing a special tax II against each lot or piece of ground lying between and situate within the boun- daries of Sewer District No. 98 in the City of Jefferson, Missouri, in the name of the owner or owners thereof for constructing and completing sewers therein, and Whereas under the terms of that ordinance, the First Parties were i assessed the sum of $694.17 as their cost of the construction of said sanitary sewer within said sanitary sewer district number 98, said sums of $694.17, being in addition to the sum of $4200.00 which the First Parties here theretofore paid for the cost of said sewer, and Whereas there is a difference of opinion now existing between the �IFirst Parties and the Second Party on the issue of whether the First Party was properly assessed with the additional payment of $694.17 for the construction of said sewer, with the First Parties being of the opinion that the sum of $4200.00 which they had theretofore paid was their full contribution towards they cost of the construction of said, sanitary sewer and with the Second Party being ' of the opinion that the First Parties were to pay the sum of $4200.00 plus their proportionate part of the balance of the contract price of $8396.75 accord ing to the determination of the City Engineer of the Second Party, and Whereas, the agreement between the First Parties, the Second Party and the remaining property owners within the boundaries of Sewer District No. 98 was not in writing as required by Section 432.070, and (' Whereas, the cost of said sanitary sewer was divided and. assessed in a manner other than that ordained by Section 88.550, R.S. Mo. 1949, in order p to gain the approval of the owners of real property, other than First Parties, who had property within the boundary of the proposed sanitary sewer district, I� as a result of which the First Panties did agree to pay at least the sum of $4200.00 towards the construction of said sewer, and Whereas the First Parties agree that said, sanitary sewer district II was created and said sewer therein constructed primarily at their request in I� 360 order to accomodate the First Parties in the operation of said trailer court business., and WHEREAS, the First Parties and the Second Party are desirous of adjustini and compromising their dispute pertaining to the payment by First Parties of said special tax bill in the amount of $694.17 to the E. P. Kieeelbach Construction Ccqmny., now therefore: IT IS AMWM by and between the First Parties and Second Party as follow 1. First Parties shall pay the sum of $194.17 to the E. F.*' Ydeselback Construction Carpany on the special tax bill issued by the Second Party against the First Parties in favor of said construction company. 2. The Second Party shall pay the sum of $500-00 to the E. F. Kiesel- back Construction Company on the special tax bill issued by the Second Party against the First Parties in favor of said construction coMany. 3- In consideration for said payment of the sum of $500-00 by the Secon Party on the special tax bill issued against the First Parties., the First Parties relinquish., waive and release the Second Party, their servants,, agents, officers and employeeso from aqr and all demands., claims,, actions., causes of action which the First Parties now have, or may hereafter have-L, against the Second Partyp arising out of or which may arise or may accrue in favor of the First Parties fr 11 the transaction or series of transactions heretofore mentioned in this instru- ment, and the First Parties agree to Indemnify and hold harmless the Second Party for any amount which may be assessed in favor of the First Parties and against thil! Second Party in violation of this agreement., it being specifically understood that the First Parties are hereby relinquishing the Second Party from any r-,.nd all obligations the Second Paa-ty might have to reftnd or return all or any portion of the sum of Forty Two Hundred ($4200.00) Dollars paid by the First Parties to the Second Party., and in turn by the Second Party to the E. F. Kieselback Construc- tion Company., for the partial cost of constructing the sanitary sewer in sanitary sewer district number 98 within the City of Jefferson, Missouri. IN WIEW.78 WHMOF, the parties hereunto have set their hands and seals the day and year first above mentioned. Emmett Schmutz CITY OF JhWERSONj MIFZO11R1 Emmett Schmutz Vera Scbmutz (BY) Arthur W. Ellis Vera Schmutz Mayor Attest: Henry W. Ells COUNTY OF COLE Henry El1_r0 City' Clerk SS. STATE OF MISSOURI On this 22nd day of June., 1956, 'before me personally appeared Emett Schmutz and Vera Sebmutz, to me personally k=m, who, being by me duly sworn., did state that they are the person described in and who executed the foregoing instrument., and they acknowledged that they executed the same as their own free act and deed. IN TEST3MONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in Jefferson City, Missouri, the day and year first jabove written. My Commission expires Feb. 4., 1957• Juliana Sebeppers Notary Public of C63.6 Cou-nEy-j. Mo. COUNTY OF COLE STATE OF MISSOURI On this 4th day of June., 1956, before me personally appeared Arthur W. Ellis to me personally known, who., being by me duly sworn, did say that he Is the Mayor of the City of Jeffersono Missouri, that the seal affixed to this instrumeni