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Section 2. This Ordinance shall take effect and be in force from
and after its passage and approval.
Passedy _ 1158 Approved
President of the Council Mayor
0.K.
City Treasurer
ORDINANCE NO. 6671
AN ORDINANCE AMENDING RULE ]. OF THE RULES OF THE CITY COUNCIL AND
REPEALING THE LAST SENTENCE OF RULE 40 OF THE RULES OF THE CITY
COUNCIL.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOUR19.
AS FOLLOWS:
Section 1. Rule 1 of the Rules of the City Council of the City of
Jefferson, Missouri, is hereby amended to read as follows:
Rule 1. Regular meetings of the City Council shall be held
on the first and third mondays of each month, and adjourned
meetings shall be held whenever the Council deems necessary.
Section 2. The last sentence of Rule No. 40 pertaining to smoking
within the Council Room during Council meetings is hereby repealed.
Section 3. This ordinance shall be in force and effect ffrom and
after its passage and approval.
Passed: 11/3/58 Approved: 11/10/58
Arthur W. Ellis /sl Arthur W. Ellis /s
President of the Council Mayor
ORDINANCE NO. 6672
AN ORDINANCE REPEALING ORDINANCE NO. 6662 OF THE CITY OF JEFFERSON
AUTHORIZING AND DIRECTING THE MAYOR AND THE CITY CLERK FOR AND ON
BEHALF OF THE CITY TO EXECUTE A CONTRACT WITH GUS A. ERHART AND
GOLDIE A. ERHART WHICH RELATED TO THE GRADING AND EXCAVATION BY THE
CITY OF THE ERHARDT"S LAND TOUCHING ON THE IMPROVEMENT OF INDUSTRIA
DIRVE, AND ENACTING A NEW ORDINANCE PERTAINING TO THE SAME SUBJECT.
BE IT ORDAINED .BY THE CITY COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI, AS FOLLOWS:
Section 1. Ordinance Number 6662 of the City of Jefferson, Missouri ,
be and the same is hereby repealed.
Section 2. The Mayor and the City Clerk of the City of Jefferson,
Missouri, for and on behalf of the City, are hereby authorized and
directed to execute a contract with Gus A. Erhart and Goldie A.
Erhart, husband and wife, relating to the grading and excavation
and the borrow of fill dirt from the land of the Erhart' s, which
land abuts the proposed roadway improvement of Industrial Drive
between its intersection with Dix Road and the North Ten Mile Drive.
Section 3. Said contract shall state and provide in words and
figures as follows:
C O N T R A C T
This Contract, made and entered into this day of
November, 1958, by and between Gus A. Erhart and Goldie A. Erhart,
Husband and wife, of Callaway County, Missouri, hereinafter termed
„e-
. 3
(Ithe Owners, 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, hereinafter termed
the City
WITNESSETH
Whereas the City intends to improve Industrial Drive between
its intersection with Dix Road and its intersection with Ten Mile
Drive, and
Whereas the construction of said roadway-improvement will
require the use of a considerable quantity of dirt for the purpose
of making necessary fills and placing the roadway to the proper
grade, and
Whereas the Owners own certain land which abuts a portion of
the intended roadway improvement, and
Whereas the abutting land of the owners now stands at a higher
elevation than the proposed grade of the roadway to be improved, an
Whereas it would be advantageous to the City to be able to
borrow dirt from the adjacent land of the Owners to make the
required fills in the roadway, and
Whereas it will be advantageous to the Owners to have the
elevation of their abutting laiid lowered so that the same will
be more near to the level and elevation of the proposed grade of
said roadway, and
Whereas the Owners and the City wish to contract with reference
to the removal of the dirt of the Owners from their abutting properly
by the City' s contractor who makes the proposed roadway improvement
now therefore, it is agreed as follows:
1. The Owners hereby agree to grant and do grant to the City,
its contractor, agents, servants and employees the right to grade
and remove the dirt from a strip of land of a north south width of
one hundred and twenty (120) feet, the southerly line of which
abuts and touches upon 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 owners, and extending westerly to a north-south line which
lies 100 feet east of the most easterly point of a farm pond, and
to use said excavated dirt for the purpose of making construction
fills to bring Industrial Drive to grade; provided that authorized
excavation work performed east of said line which lies 100 feet eas
of said farm pond, which line extends in a north south direction,
shall not interfere with the present use of said pond.
In the event the dirt to be graded and excavated from the
above described area is insufficient to make the necessary fills
on the right of way of Industrial Drive, the City is hereby granted
the right to grade and excavate dirt located beneath the concrete
floor of a barn which has heretofore burned down, by removing said
concrete floor and such portions of the foundation of said barn
as may be necessary to permit access to said dirt, and the City is
hereby granted the right to grade and excavate dirt within any area
fifteen feet north an&east of said barn foundation and within the
area twenty five feet south of said foundation, but no dirt shall
be graded and removed west of said barn foundation.
2. The aforementioned land of the Owners lies in part of
the Northwest quarter of Sec. 2, Twp. 44, Range 12, in Cole County,
Missouri.
3. The City shall grade the surface of all the land heretofore
authorized to be graded in such a manner as will provide for proper
drainage with uniform backslopps.
4. The City agrees to stock pile all top soil from any areas
graded and excavated, as authorized by this contract, and after all
subsoil has been graded, excavated and removed, the City agrees to
move, relocate and distribute said top soil in such manner and in ,
such areas as the Owners shall direct, and with a view of minimizin
erosion of any excavated area.
5. City agrees that if rock is encountered in excavating sai
land to stop all grading and excavating work at that point in that
immediat6 area where rock is found.
6. Upon completion of the grading and excavation work, and
after the topsoil has been removed and relocated as above provided,
the City agrees to reseed the entire surfaces of all excavated
areas.
7. The Owners are given the right to select some suitable
person to remove all fencing necessary to permit City access to
the borrow areas, and the Owners are given the right to have
said person relocate all, or any portion of, said fencing at such
points as they may designate, and the City agrees to pay the cost
of the labor in removing and relocating said fencing and to pay
the cost of supplying any new fence poles or wire which may be
necessary, it being agreed that it is not anticipated that this
cost will exceed One Hundred ($100.00) Dollars.
8. It is the intention of the parties that the City will
also excavate the land of the Missouri Pacific Railroad right
of way which lies between the intended improvement of Industrial
Drive and the land of the Owners, so that the land, including
the railroad right of way and the land of the Owners, will be on
approximately the same slope and elevation north of the railroad
tracks of the railroad company, and this contract shall be void
if the railroad company does not allow the dirt on their right
of way to be removed to approximately the same degree and level
as said dirt will be removed from the land of the Owners.
9. City shall not be required to pay First Parties-, who
are the Owners, any other money for the right to grade and to
excavate and borrow dirt from the land of the Owners, except as
is provided in paragraph seven (6) above, for the reason that it
is the agreement of the parties that the expense of removing said
dirt by grading and excavating same. is equal to the value thereof.
IN WITNESS WHEREOF, the parties to this contract have
hereunto caused their signatures to be affixed this 3rd day of
November, 1958.
Gus A. Erhart Isl
Gus A. Erhart ,
Goldie A. Erhart Isl
Goldie A. Erhart
CITY OF JEFFERSON, MISSOURI
(By) Arthur W. Ellis /s/
Arthur W. Ellis, Mayor
Attest:
Henry Ells /s/
Henry Ells, City Clerk