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HomeMy WebLinkAboutCityMgrForm.167.08-02-1967CITY MANAGER FORM ORDINANCE NO, AN ORDINANCE PROVIDING FOR THE HOLDING OF A SPECIAL ELECTION TO DECIDE UPON THE PROPO- SITION AS TO WHETHER OR NOT THE CITY OF CAPE GIRARDEAU SHALL EXTEND ITS CORPORATE LIMITS TO INCLUDE OTHER ADJACENT TERRITORY, DIRECT- ING THE MAYOR TO GIVE NOTICE OF SUCH SPECIAL ELECTION BY PROCLAMATION AND NOTICE OF ELECTION AND PUBLISH SUCH NOTICE, PROVIDING WHEN SUCH SPECIAL ELECTION SHALL BE HELD AND PRESCRIBING THE OFFICIAL BALLOT FOR SUCH SPECIAL ELECTION WHEREAS, the legal boundaries of the City of Cape Girardeau, Missouri have not been changed for nine years but remain as fixed by a special election held on August 5th, 1958, and WHEREAS, the population of said city has greatly increased since said boundaries were established during which time a large part of the territory immediately adjacent to such corporate limits has become populated, and a part of the real estate adjacent to such corporate limits has become platted, subdivided and sold, and other parts of the same are either being platted, subdivided and sold or are suitable for city residence and business purposes, and WHEREAS, it is the opinion of the City Council of said City that the orderly development of said city requires that the limits of Cape Girardeau be extended so as to include all of the property hereinafter described, and WHEREAS, the annexation of such property is reasonable and necessary to the proper development of the City, and WHEREAS,said city is possessed of the rre ans and ability to furnish normal municipal services of such city to said unincorporated area within a rei sonable time after said annexation is to become effective, and WHEREAS, the City Council of said City adopted a Resolution on February 8th, 1965, which was amended by a Resolution March 29th, 1965, and - page two - which was subsequently amended by another Resolution of April 1, 1965, and which again was amended by a Resolution of September 13, 1965, authorizing the City Attorney of said City to file an action for and on behalf of said city, under the provisions of Section 71. 015, Revised Statutes of Missouri for 1959 as amended, seeking a declaratory judgment authorizing the annexation and extension of the City limits so as to include all the property hereinafter described, and WHEREAS, such action was filed in the Cape Girardeau Court of Common Pleas, Cape Girardeau County, Missouri, which said action is entitled City of Cape Girardeau, Missouri, a Municipal Corporation, plaintiff, vs. F. J. Armstrong, et al, defendants, and is Case Number 4254 in said Court, and WHEREAS, a judgment was entered by said Court in said action on December 20th, 1965, authorizing the City of Cape Girardeau to proceed under the appropriate statutes of the State of Missouri, providing for an election to determine whether or not a majority of the qualified legal voters of the City of Cape Girardeau favored the extension of the City over the territory hereinafter described, and WHEREAS, such judgment was affirmed by a decision of the St. Louis Court of Appeals on July 18, 1967, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, as follows: SECTION 1. That a special election is hereby ordered for Tuesday, the 5th day of September, 1967, for the purpose of submitting to the qualified voters of the City of Cape Girardeau, Missouri, the proposition as to whether or not the corporate limits of the City shall be extended so as to annex the following described, unincorporated area of land adjacent to the City of Cape Girardeau, - page three - and to extend the limits of the City over said territory adjacent thereto, to -wit: All of the land lying in Townships 30 and 31 North, Ranges 13 and 14 East of the County of Cape Girardeau, State of Missouri, described as follows: Beginning at a point on the East right-of-way line of Interstate Route I-55, said point being at right angles to Station 1021+67 on the centerline median of said highway, said point also being 500 feet measured at right angles from the east bound lane of U. S. Route 61; thence on a line parallel to and 500 feet from said centerline of the east bound lane of said U. S. Route 61 to the end of said east bound lane; thence continuing on a line parallel to and 500 feet from the centerline of U. S. Route 61 to the south line of Section 23, Twp. 31 N. , Rge. 13 E. ; thence with the south line of said Section 23 to the west right- of-way line of State Route W; thence northerly and east- wardly with said west and north right-of-way line to the north line of said Section 23; thence east with the north line of said Section 23 and the north line of U. S. Survey 2198 to the northeast corner of said Survey 2198; thence south with the east line of said survey 2198 to the existing City Limits of the City of Cape Girardeau; thence eastwardly with said city limits to the west right-of-way line of State Route V; thence northerly and eastwardly with said right-of-way line to the point of intersection with the east right-of-way line of Cape Rock Drive extended; thence south with said east right-of-way line of Cape Rock Drive to the center of Juden Creek; thence with the center of said creek to the low water mark of the Mississippi River; thence in a southwest direction along the west bank of the Mississippi River to its intersection with the present north corporate limits of the City of Cape Girardeau, Missouri; thence west along the existing north corporate limits to the northwest corner of said corporate limits; thence south- wardly and eastwardly along the existing corporate limits to its intersection with the north right-of-way line of the St. Louis and S. F. Railroad; thence in a southwest direction along the north right-of-way line of the St. Louis & S. F. R. R. to its intersection with the east right-of-way line of Interstate Route No, 1-55; thence in a northwest direction along the east right-of-way line of Interstate Route N -o. 1-55 to the point of beginning. SECTION 2. The Mayor of this City shall give 15 days notice of such special election by proclamation and notice of election, and said proclamation and notice of election shall be published in the Cape Girardeau Southeast Missourian on Friday, August 18th, 1967, and on each day said newspaper is published after the first insertion and prior to the date of said special election with the last of said - page four - insertions to be September 2nd, 1967, and such notice shall state the time and place of holding said election and shall describe the boundary lines set out herein. SECTION 3. Such special election shall be held and conducted at the same time and at the same polling places as the primary election for the election of candidates for county and state offices, and said polling places shall be as follows: Ward No. 1 Third Street Methodist Church 1200 Big Bend Road Ward No. 2 Westminister Presbyterian " Cape Rock Dr. and Perryville Road Ward No. 3 Cape Girardeau Court of Common Pleas Courthouse Ward No. 4 Centenary Methodist Church Education Building 300 N. Ellis Ward No. 5 First Baptist Church Education Building 926 Broadway Ward No. 6 Franklin Elementary School 215 N. Louisiana Ward No. 7 Arena Building Arena Park Ward No. 8 Knights of Columbus Hall 318 S. Spanish Ward No. 9 Carpenters Union Hall 731 Jefferson Ward No, 10 Louis J. Schultz School 101 S. Pacific Ward No. 11 New Central High School 205 Caruthers Ward No. 12 May Green Elementary " 1000 Ranney Ward No. 13 Arena Building Arena Park Ward No. 14 St. Andrews Lutheran Church 2336 Kingsway Drive SECTION 4. The City Council shall appoint four judges of election to serve at each polling place, who shall receive as compensation for their services $ /D oo per day, and who shall act as Clerks of Election. - page five - SEC`II ON 5. The City Clerk is hereby ordered and directed to prepare and cause to be printed official ballots to be used at such special election, which said official ballots shall be in substantially the following form, to -wit: "OFFICIAL BALLOT FOR SPECIAL ELECTION ON THE PROPOSITION TO EXTEND THE CITY LIMITS, TO BE HELD IN THE CITY OF CAPE GIRARDEAU, MISSOURI, ON TUESDAY, SEPTEMBER 5TH, 1967. For Extension of City Limits - Against Extension of City Limits - (Place an X mark in the one you favor)" All those voting in such election who are in favor of said proposed extension of the city limits shall indicate such fact as first shown herein by placing an X mark in the box opposite "For Extension of City Limits", and those who are opposed to said proposed extension of the city limits shall indicate such fact by placing an X mark in the box opposite "Against Extension of City Limits". SECTION 6. This ordinance shall take effect and be in force from and after ten days after its passage and approval. Passed and approved this q day of August, 1967. MAYOR Attest: 6 �) n City Clerk