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Home My Public Portal AboutORD06662 ORDINANCE NO. 6660 AN ORDINANCE REPEALING ORDINANCE NUMBER 6462 OF THE CITY OF JEFFERSOLI PERTAINING TO THE OFFICE OF CITY STENOGRAPHER. BE IT ORIDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Ordinance Number 6462 of the City of Jefferson, Missouri, relating to the office of the City Stenographer, be, and t e same is hereby, repealed. Section 2. This ordinance shall be in force and effect from and after its passage and approval, provided further, that the City Treasurer shall not make any payment of salary to the City Stenographer for any services rendered during the month of October, 1958. Passed: 10/658 Approved:. 10/10/58 _Arthur W. Ellis /s/ Arthur W. Ellis /s/ President of the Council Mayor ORDINANCE NO. 6661 AN ORDINANCE AMENDING SECTION 5 OF ORDINANCE NUMBER 2736, BEING SECTION 340 OF THE REVISED ORDINANCES OF THE CITY OF JEFFERSON, 1956, PERTAINING TO MEETINGS OF THE CITY COUNCIL BY INSERTING THE PHRASE "AND THIRD" BETWEEN THE WORDS "FIRST" AND MONDAY" AS THEY PRESENTLY APPEAR IN SAID SECTION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOUR , AS FOLLOWS: Section 1. Section 5 of Ordinance Number 2736, being also Section 340 of the Revised Ordinances of the City of Je£ferson,. Missouri, 1956, be and the same is hereby amended by inserting the phrase "and third" between the words "first" and "Monday" as they presently appear in said section, so that said section, as amended, shall read as follows: Section 340. Meetings of the City Council. Regular meetings of the City Council shall be held on the first and third Monday evenings of each month, and adjourned meetings whenever the Council shall deem the same necessary. Section 2. This ordinance shall be in force and effect from and after November 1, 1958 . Passed: 10/6/58 Approved: 10/10/58 Arthur W. Ellis /s✓ Arthur W. Ellis /s President of the Council Mayor ORDINANCE NO. 6662 AN ORDINANCE AUTHORIZING THE MAYOR AND THE CITY CLERK OF 'THE CITY OF JEFFERSON, MISSOURI, FOR AND IN BEHALF OF THE CITY, TO EXECUTE A CONTRACT WITH GUS A. ERHART AND GOLDIE• A. ARHART, HUSBAND AND WIFE, RELATING TO THE GRADING AND EXCAVATION BY THE CITY OF THE LAND OF TR ERHARTS WHICH TOUCHES THE PROPOSED IMPROVEMENT OF INDUSTRIAL DRIVE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI AS FOLLOWS: Section 1. The Mayor and the City Clerk of the City of Jefferson, Missouri, for and in behalf of the Clty, are hereby authorized and directed to execute a contract with Gus A. Erhart and Goldie A. Erha to huaband and wife, relating to the grading and excavation of certain lands owned by the Erharts which touches on the proposed roadway improvement of Industrial Drive between its intersection with Dix Road and the North Ten Mile Drive. Section 2. Said contract shall provide in words and figures as follows: C O N T R A C T This Contract, made and entered into this 7th day of October, 19589 by and between Gus A. Erhart and Goldie A. Erhart, husband and wife, of Callaway County, Missouri, hereinafter termed the First Parties, and the City of Jefferson, Missouri, a municipal corporation of the third class, located within the County of Cole, State of Missouri, Party of the Second Part: WITNESSETH Whereas, the Second Party contemplates the immediate opening and improvement of Industrial Drive between its intersection with Dix Road and the North Ten Mile Drive, and Whereas the construction of said road improvement work will require the use of a considerable quantity of dirt and earth for the purpose of making a fill and placing said roadway to the proper grade, and Whereas, the First Parties are the owners of certain lands which abut a portion of the intended roadway improvement, and Whereas, the abutting land of the First Parties stands at a considerably higher elevation than the proposed grade of the roadway to be improved, and Whereas, it would be advantageous to the Second Party to be able to borrow dirt and earth from the abutting property of the First Parties to make all required fills, and Whereas, it would be advantageous to the First Parties to have the elevation of their abutting land lowered so that same would be more near to the level and elevation of the surface of the proposed roadway, and Whereas the parties wish to contract with reference to the removal of the dirt and earth on the abutting property of the First Parties by the contractor who is awarded the contract for the opening and improvement of Industrial Drive by Second Party, now therefore it is agreed as follows: 1. The First Parties hereby grant to the Second Party, its contractors, agents, servants and employees the right to grade a strip of land of a north-south width of one hundred and twenty feet, the southerly line of which abuts on the northerly right of way line of the Missouri Pacific Railroad Company, beginning at the west line of the Fairgrounds Road, which line is the east line of the property of the First Parties, and extending westerly to a north-south line which lies 50 feet east of the most easterly point of a farm pond, to use all available dirt for the purpose of making construction fills to bring Industrial Drive to grade; pro- vided that, excavation work to any point east of a line which lies 50 feet east of said pond and which extends in a north-south '1 direction, shall not interfere with the present use and maintenance lof said pomd. In the event grading and excavation by the Second Party in the above mentioned area does not allow Second Party to obtain all dirt and earth necessary to make the required fill on the right-of- way of Industrial Drive, Second Party is hereby granted the right to grade and excavate dirt and earth from the location of a farm barn foundation area which lies to the north of the above described strip of land. i 2. The aforementioned land of the First Parties lies in part of the Northwest Quarter of Section 2, Township 44, Range 12, within Cole County, Missouri. 3. Second Party shall grade the surface of all land excavate in such a manner as will provide for proper drainage and uniform backslopes. 4. Second Party agrees to stockpile all top soil from any excavated area, and after all subsoil has been graded and excavated, said top soil shall be relocated and deposited in such a manner and in such areas as the First Parties shall direct, and in such a manner as to minimize erosion of the excavated area. 5. Second Party agrees that if rock is encountered in excavating said subsoil to stop grading and excavation operations at that point. 6. Upon completion of the grading and excavating work, and after the topsoil has been redistributed at the direction of First Parties, the entire surface of the excavated area will be reseeded by the Second Party. 7. Second Party will replace or pay to First Parties the amount necessary to replace any fences required to be removed to obtain access to the land herein sought to be graded and excavated. 8. Second Party is not required to pay First Parties any other monies for the right to grade and excavate the aforedescribed areas, it being the agreement and intention of the parties that the expense of removing said dirt and earth by grading and excavating is equal to the value of same. IN WITNESS WHEREOF, the parties to this contract have hereunto caused their signatures and seals to be affixed this 7th day of October, 1958. Gus A. Arhart Goldie A. Erhart FIRST PARTIES CITY OF JEFFERSON, MISSOURI A Municipal Corporation By Arthur W. Ellis /s/ ATTEST: -----Henry Ells /s/ Henry Ells, City Clerk Section 3. This ordinance 'shall be in force and effect from and after its passage and approval. Passed: 10/6/58 Approved: 10/7/58 Arthur W. Ellis /s/ Arthur W. Ellis Isl President of the Council Mayor