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HomeMy Public PortalAboutORD06671 fir..•ti 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 The last sentence of Rule No. 40 pertaining to smoking within the Council Room during Council meetings is hereby repealed.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 Ordinance Number 6662 of the City of Jefferson, Missouri , be and the same is hereby repealed.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