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HomeMy WebLinkAboutOrd.662.02-01-1989BILL NO. 89-6 ORDINANCE NO. AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE GIRARDEAU, MISSOURI, UPON THE REQUEST OF BILLY D. HOFFMEISTER AND JULIA M. HOFFMEISTER WHEREAS, Billy D. Hoffineister and Julia M. Hoffineister have presented to the City Council of Cape Girardeau, Missouri, their Verified Petition requesting annexation as the owner of all fee interest of record of a certain tract of land which they propose to be annexed to the City of Cape Girardeau, Missouri; and WHEREAS, a public hearing was held on December 7, 1988, after due notice was given according to Chapter 71.012 RSMO; and WHEREAS, at said public hearing all interested persons were allowed to present evidence regarding the proposed annexation; and WHEREAS, the City Council of Cape Girardeau has determined that the annexation is reasonable and necessary to the proper development of the City and, further, that the City has the ability to furnish normal municipal services to the area to be annexed within a reasonable time; and WHEREAS, the City Council has determined that the property proposed to be annexed is contiguous and compact and adjacent to the existing corporate limits of the City of Cape Girardeau, Missouri, and further, the land proposed to be annexed is in an unincorporated area. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: SECTION 1. That the corporate limits of the City of Cape Girardeau, Missouri, shall be extended so as to annex the following described unincorporated areas of land which are adjacent to and contiguous and compact with the existing corporate limits of the City of Cape Girardeau, and to extend the limits of the City over said territory as described hereinbelow, to -wit: A certain tract of land owned by Billy D. Hoffineister and Julia M. Hoffineister and more particularly described as follows: All that part of the East Half of the South Half of Lot 2 of the Northwest Quarter of Section 19, Township 31 North, Range 14 East, in the County of Cape Girardeau, Missouri, described as follows: Start at the Southwest corner of the Northwest Quarter of Section 19, Township 31 North, Range 14 East; thence South 890 57' East along the Quarter line 675.45 feet for the point of beginning; thence North 1° 36' East, 648.38 feet; thence South 890 57' East, 675.45 feet; thence South 10 36' West, 648.38 feet to the Southwest corner of Wildwood Subdivision and the Northwest corner of Woodcrest Hills Subdivision; thence North 891 57' West, 675.45 feet to the point of beginning, containing 10.05 acres more or less. SECTION 2. This ordinance shall take effect and be in force from and after ten days after its final passage and approval. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. SECTION 4. It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention. SECTION 5. That the City Clerk is authorized and directed to cause three (3) certified copies of this ordinance in its final form to be filed with the Clerk of Cape Girardeau County as provided by Section 71.012 RSMo. SECTION 6. That the City Council of Cape Girardeau, Missouri, does hereby find and determine that the annexation of the tracts of land is reasonable and necessary to the proper development of the City and further, that the City has the ability to furnish normal municipal services to the areas to be annexed within a reasonable time. Further, the City Council of Cape Girardeau, Missouri, finds and determines that with respect to the land to be annexed into the City of Cape Girardeau, Missouri, that all of the owners of all fee interest of record have requested such annexation by appropriate Petition. PASSED AND APPROVED THIS-4DAY OF , 1989. 7aAi ricis E. Rhddes, Mayor ATTEST: e4' A 1 D E elY n LeGrand, City C ercK