HomeMy Public PortalAboutORD05085 Section 22. All ordinances of parts of ordinances In conflict
with this ordinance are hereby repealed.
Secti -n 23. This ordinance shall take effect and be in force
from and after its passage and approval.
Passed August 11, .1948 Approved August ll . - 1948
R. E. Dorr R. E. Dorr
resident of the Council Acting May or
Attest:
Henry W. Ells
#8085 City er
Clk
AN ORDINANCE PROVIDING FOR THE IMPROVEMENT OF THE ROADWAY OF DIX ROAD
IN THE BLOCK FROM THE CENTER OF THE INTERSECTION OF U.S. HIGHWAY NO. 50
AND DIX ROAD TO THE CENTER OF THE INTERSECTION OF ST. MARY'S BOULEVARD
IN THE CITY OF HEFFERSON, MISSOURI, BY PAVING WITH CEMENT MATERIAL.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF JEFFERSON, AS FOLLOWS:
SECTION 1. Whereas, it was heretofore found and declared by the
City Council, by its resolution, passed and approved on August 6th, 1948 Xff
necessary to pave with cement concrete material the roadway of Dix Road in t
the block from the center of the intersection of U. S. Highway No. 50 and
Dix Road to the center of the intersection of Dix Road and St . Mary's
Boulevard and it appearing to the City Council thqt said resolution has
been duly published according to the law for more than seven (7 ) con-
secutive insertions, in the Post-Tribune, a daily newspaper, printed
and published in the City of Jefferson, Missouri, and a majority of the
residents owners of property along said section of Dix Road liable for
the costs of said improvement, and who own a majority of the front
feet on said Dix Road intended to be improved, have not filed with the
City Clerk a protest against said contemplated improvement.
Section 2. That the said road of Dix Road between the curb
lines, from the center of the intersection of U.S. Highway No. 50 and
Dix Road to the center of the intersection of theDix Road and St. Maryls
Boulevard in accordance with the plans and specifications submitted by
the City Engineer and filed in the office of the City Clerk, and that
the total cost of thw work aforesaid shall be charged and levied as
special assessment against the real estate abutting and fronting on
said contemplated improvement, and special tax bills shall be issued
therefor as providdd In the City Charter, and In Sections 764,765,766 and
767 of Chapter 13, of the Regised' Ordinances of the City of Jefferson.,
Missouri , 1941, and of the Revised Statutes of the State of Missouri ,
1939, and amendments thereto.
Section 3. The City Engineer is hereby instructed to advertise
for bids for this improvement.
Section 4. This Ordinance shall take effect and be in force
frorm and after its passage and approval.
Passed Aug 25 1948 Approved Aug 26 1948
J. T. Blair, Jr. J. T.Blair, Jr.
Fresiae t of the ouncll Mayor
#5086
AN ORDINANCE AUTHORIZINGITHE MAYOR CF THE CITY OF JEFFERSON, MISSOURI,
A MUNICIPAL CORPORATION, TO SIGN AND EXECUTE A CERTAIN LEASE ON THE
PART OF THE CITY OF JEFFERSON, MISSOURI, AS HEREI11AFTER SET OUT.
BE IT ORDA NED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
Section 1. The Mayor of the pity of Jefferson, Missouri, a
municipal corporation, is hereby authorized and directed to sign and
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execute on behalf of the City of Jefferson, M, ssouri , a certain
lease, the terms of said lease to be as follows , to-wit:
L E A S E
THIS INDENTURE LEASE made this the day of August, 1948,
by and between the City of Nefferson, State of Missouri , a municipal
corporation, existing by and under the authority of the laws of the
State of Missouri , hereinafter referred to as the Lessor, and Sammie
Goldin, doing business as the CapitalAirways, hereinafter referred ,
to as Lessee, WITNESSETH:
WHEREAS , the Lessor owns and operates near the City of Jefferson
Missouri , it airport, being known as the Jefferson City Memorial Air-
port, and
WHEREAS., said Lessor is desirous of leasing to Lessee certain
premises located on said airport, said premises being described, to-
wit :
Said premises being located and marked on Ex-
hibit A attached and made a )art hereof.,
and,,
WHEREAS, said Lessee desires to construct certain buildings
on thd premises as shown and marked on said Exhibit A.
NOW, THEREFORE) and in consideration of the rents , covenants
and agreements herein contained, Lessor does hereby. lease, demise
grant and let to said Lessee, and said Lessee does hereby take and
lease from said Lessor the premises as shown on Exhibit A upon the
following terms and conditions, to-wit:
To have and to hold the above described premises with all
the privileges and appurtenances belonging to the same and to the
Lessee, his successors and assigns for a term of (10)/$'"rs com-
mencing on the 28th day of August, 1948, and ending do the 28th
day of August, 1958, said :essee to have the right, privilege and option
of renewing this lease for an additional pariod of (10) ten years,
provided said Lessee gives to said Lessor in writing his notice., to the
effect -Yhat he desires to renew this lease for an additional (10)
ten year period, said notice to be given at least sixty days before
the expiration date of this lease, and in the event said Lessee does
exercise his option herein, either party may, if he or it desires a
change in the rental on the premises herein leased, that if the rental
as herein agreed upon is not mutually agreed upon and satisfactory to
both parties, then in that event the matter of the amount of the
rental for the additional (10) ten years period shall be determined
by a board of arbitration, one member to be chosen by the Lessor,
one member to be chosen by the Lessee., and the two members ch&sen to
choose a third member to determine the amount of the new rental , and
the decision of said arbitration board shall be final and binding on
all parties hereto .
Lessee shall have the right to erect buildings on the tracts
of land as shown on Exhibit A and the type and specifications of
said buildings to be erected and constructed on said tracts of land
are shown on Exhibit B attached hereto and made a part hereof.
Lessee agrees to construct and erect said described buildings and
do said construction work upon the demised premises within a reason-
able time from the execution date of this lease.
Lessee agrees to pay to Lessor for the use of the said premises
as shown on Exhibit A the sum of (5) five cents per square foot per
year during the term of this leaseq Said rental shall be pro-rated and
paid on a monthly basis , and shall be paid in advance, and same shall
start and be due and payable on the 28th day of August, 1948, and on
the 28th of each calendar month thereafter during the term of this lease.
Failure bn the part of Lessee to pay the monthly rental herein
specified for any one month after same shall become due or to erect and
construct the above des cribed buildings within a reasonable time from the
execution of this lease or failure to perform any or all conditions of
this lease shall authorize Lessor at its option to declare this lease
void, canel the same and re-enter and take possession of the premises.
Lessee will maintain all of the buildings and Improvements
that he erects on the property as shown in Exhibit A and Exhibit B
in goof order and repair ar,,d will make such repairs as are necessary
and will maintain on the demise premises full coverage of insurance
against loss or damage by fire or other casualty for the protection
of the public in the minimum amount of $20,000 damage to any one
person or $50,000 damage caused by any one accident to be written by
an underwriter that will be approved by the Lessor.
It is mutually agreed by the parties hereto that "essee shall
not at ayl time during the time of this lease or in any manner either
directly or indirectly assign or hypothecate or transfer this agree-
ment or any interest therein without the tritten consent of Lessor,
provided that said Lessee shall have the right to lease that portion
of the buildings placed on the premises by Lessee which are not needed
by Lessee in the operation of his business, and FURTHER PROVIDED that
such leasing shall be with the written consent of the Lessor.
Lessor reserves the right to enter upon the premises at any
reasonable time for the purpose of making any inspection it may deem
expedient to the proper enforcement of any of the covenants or con-
ditions of this agreement. Lessee agrees to operate the premises
leased for the use and benefit oft he public, to make aveliable all
airport facilities and services to the public without un3ust dis-
crimination, to refrain from imposing or levying excessive, dis-
criminatory or otherwise unreasonable charges or fees for any use of
the airport or its facilities for any airport service.
It is mutually agreed by the parties hereto that at the ex-
piration of the term of this lease or a nonewal thereof, if said
Lessee desires to remove any and all buildings or construction work
that he may have put on the above described premises as shown by
Exhibit A. he shall have the right and privilege to do so, provided
he gives to the said Lessor (60) sixty days written notice before
the expiration date of this lease or the renewal thereof, of his
intention so to do, and provided further that the removal of said
buildings and construction work from said dencribed premises shall be
fully and completely done not later than (30) thirty days from the
date of the termination of this lease or the renewal thereof, and
provided further that in the event there is a forfeiture or termination
of this lease as set out herein., said Lessee shall remove all buildings
and construction work on the above described premises within (60) sixty day
days from the date of said forfeiture or termination of this lease,
and If said Lessee does not remove said buildings and construction work
on said premises as hereinabbve set out within the time as provided
herein, said buildings and construction work shall become the property
of said Lessor and said Lessee shall have no further right, title or
interest to same.
It is mutually agreed by the parties hereto that all buildings
constructed by Lessee as set out herein shall be used for aviation
purposes as defined in operational lease between these same parties,
and that said Lessee will not use the within described premises or
buuldings in any way contrary to federal or state law or cit ordinanceX.
It is mutually agreed by the parties hereto that the City shall
have the right to purchase any and all buildings constructed on said
, premises by said Lessee for the price and sum and in the manner as now
set out and specified by ordinance oft he City of Jefferson, Mlssouri ,
and it is further agreed that said Lessee will furnish to the City
within a reasonable time after the completion of all construction work
as herein provided anitimized statement of the cost of said construction.
work.
It is understood and agreed that nothing herein contained shall
be construe& fio grant or authorize the right of granting an exclusive
right within the meaning of Section 303 of the Civil Aeronautics Act.
During the time of war or national emergency Lessor shall have the right
to lease the landing area or any part thereof to the United States
Government for military or naval use , and if any such lease is executed,
the provisions of t is instrument in so far as they are inconsistent
with the provisions of the lease to the government shall be suspended.
This lease shall be subordinante to the provisions of any existing
o� future agreement between Lessor or the United States or State of
M ssouri relative to the operation or maintenance of the airport,