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HomeMy WebLinkAboutAlderForm.1176.12-17-1917ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE ESTABLISHING, OPEPdING AND 'WIDENING OF HARYIGPIY ST.. ,-c T IN TH-E CITY OF CAPE GIRARDEAU, MISSOURI, FROM THE INTERSECTION OF TIS, CAPE GIR��,RDEAU-JECKSON GRAVEL R010 ( ALSO KNO17N AS BRO AD:?AY STRE,i'T) AND HARMONY STRET,T, 71,EST- 7ARD TO THE EAST SIDE OF IT.IEST END BOULEVARD; BY CONDEMNING AND 'T'AKI'NG A STRIP OF GROUND NINE (9 ) FLET IN i''I17TH AND T170 HUNDRED SIXTY-FOUR (264) FEET LONG, LOCATED ON THE SOUTH SIDE ;.,flYID ADJACENT TO THE PRESENT HARMONY SIRE 7T , BET :?EEN THTE CAPE G IR AR E A U- JACKSOII GR �V�LIROAD (LO iNO'AS BROAD?j'AY STRrT )11. 1 AND HANGVER STREET, BEING THE PROPERTY O `SWI D BY AUGUST AND CHRISTIAN HAIALAN, M' TILllA MASTERS, BENJA- MIN BUELTEMAN, AND LOUIS HUN7E AND MARGARET HUNZE, HIS HITHER; ALSO BY CONDEMNING AND 'LAKING A STRIP OF GROUND SEVEN (7) FE11EIP IN WIDTH AND THREE HUNDRED T' 1ENTY-SIX ( 326) FELT LONG, OFF THE SEM AUSEN PRO- PERTY, ':.MICH IS LOChTED ON THE NORTH SIDE OF AND ADJ.f-,'ENT TO HARMOIT' STREET BETWEEN HENDERSON AND PAINT? AVENUES, BEING A STRIP OF GROUND SE EN (7) FEET WIDE BY THREE HU11DRED Tu. ENTY-SIX ( 326) FEET LONG, OFF THE SOUTH SIDE OF THE PROPERTY BELONGING TO THE HEIRS OF HENRY SEEHAUSEN AND BEING OFF THE SOUTH SIDE OF LOT NO.121 HENDERSGN' S SUBDIVISION; ALSO BY CONDEMNING AND T. KING A STZIP OF GROUND SEVTE'N (7) FE"T 7, IDE AND ONE 17, M i D T 5'a r NTY-EIGHT AND TWO -TENTH (128.2) FEET LONG 0 � r THE NORTH SIDE OF LOT NO.12, AND A STRIP OF GROUND SEVEN (7) FEET WIDE AND ONE HUNDRED TEN (110 ) FELT LONG OFF TIS NORTH SIDE OF LOT NO.11 BOTH LOTS IN BLOCK NO.21 T3AIJAN'S ADDITION TO THE CITY OF CAPE GIR',RD- EAU, MISSOURI, BE'I'NG P 19DPERTY BY CHRISTIAN HIUAI1N AND BEING LOCATED ON THE SOUTH SIDE OF AND AD- JACENT TO THE PRESENT HARMONY STREET BETWEEN PAINTER AVENUE AND WEST END BOULEVARD; AND TO CAUSE THE DAMAGES TO BE ASSESSED TO THE PERSONS 0 KING REAL ESTATE IN THE BENEFIT DISTRICT DESCRIBED IN TRIS ORDINANCE, UPON WHICH ASSESSIv1ENTS SHALL BE Lit. IED TO PAY SUCH DAMAGES. BE IT ORDAINED BY THE COUNCIL OF TH1_P CITY OF CAPE G r I RDEAU, 11ISSOURI, AS FOLL01;1S: SECTION 1. The City Council of the City of Cape Girardeau, Missouri, hereby on its own motion, establishes, opens and widens Harmony Street in the City of Cape Girardeau, Missouri, because of public necessity, from the intersection of the Cape Girardeau -Jackson Gravel Road ( also Imovrn as Broadway Street) and Harmony Street, westivard to the east side of ;,.'est End Boulevard, by taking and condemning the following described pieces and parcels of real estate; A Strip of ground nine (9) feet wide and two hundred sixty-four (264) feet long, locat- ed on the south side of and adjacent to the present Hanmony Streat between the Cape Girardeau -Jackson Gravel Road (also known as Broadway Street) and Hanover Street, being the property owned by August, and Christian Haman, Matilda Masters, Benjamin BueltemW and Louis Hunte and Margaret Hunze, his mother, marked on the blue print attached hereto and made a part of this description as parcels No .36, 35, 34a,34 and 4; also by conderLn-► ng and to king a strip of ground seven (7) feet in width and three hundred tvrenty-six ( 326 ) feet long off the Seehausen property vfnich is located on the north side of and adjacent to Harmony Street between Henderson Strec;t and Painter Avenue, being a strip of ground seven (7) feet wide by three hundred twenty-six (326) feet long, to be taken off of the south side of the property belonging, to the heirs of Henry Seehausen, being the south seven (7) feet in lot No.12, Henderson's Subdivision, and marked on the blue print attached hereto and made a part of this description as parcel No.3; also by condemning and taking a strip of ground seven (7) feet wide and one hundred twenty-eight and two - tenth (128.2) feet long off the north side of lot No.12, and a strip of ground seven (7) feet wide and one hundred ten (110) feet long off the north side of lot No.l, both said lots No.12 and No.l located in Block No.?., Haman's Addition to the City of Cape Girardeau, Missour:L, being the property now omyed by Christian Haman and being located on the south side of and adjacent to the present Harmony Street between Painter Avenue and VTest End Boulevard, and marked on the blue print attached hereto and made a part of this description as parcels No.l and 2; all of which real estate above described and -2- which is to be condemned and taken herein, is for street purposes and to be used as a pu.bl:c highway, and demanded because of public necessity, for the purpose of widening said Haranony Street where the same is not thirty-five (35) feet wide, and said real estate is all located in the City of Cape Girardeau, County of Cape Girardeau and State of Missouri; so that the said Harmony Street, when thus widened, between the Cape Girardeau -Jackson Gravel Road (also known as Broadway Street) and Test End Boulevard shall as nearly as possible be a street of uniform width of thirty-five (35) feet, the purpose being to widen said Harmony Street for public traffic, and for street purposes, and for the use of the public and because of public necessity. SECTION 2. That it is necessary for the establishing, opening and widening of the said Harmony Street as above set out to condemn and take pri- vate property, the same being the private property of the following persons, and described in words and figures as follows, to -wit: All of which real property is located in the City of Cape Girardeau and State of Missouri, as follows: PROPERTY OF AUGUST END CHRISTIAN HATWi - A strip of ground sixty-six (66) feet long and of uniform width of nine (9) feet, 1&cated in the north- east part of lot No.6 of a certain subdivision of out - lots GO D, E and No -9, and fronting sixty-six (66) feet on the present Harmony Street, and described as follows: Corivaencing at the northeast corner of lot No.6 of subdivision of outlots C. D, E and No.9 in the City of Cape Girardeau, Missouri; thence run westwardly along the south side of the present Harmony Street, a distance of sixty-six (66) feet; thence run southwardly, a dis- tance of nine (9) feet parallel with the east line of said lot No.6; thence run eastwardly parallel with the south side of the present Harmony Street, a distance of sixty-six (66) feet to the east line of said lot No. 6; thence run northwardly with the east line of said lot No.6 a distance of nine (9) feet to the place of beginn- ing. Said parcel is described on the blue print filed -3- herewith and made a part of this description as p. -,r - cel No.36. PROPEff2Y OF BENJAMIN BUIELTELUN. A strip of ground one hundred thirty-two (132 ) feet longi; and of a uniform width of nine (9) feet., located just scuth of and adjacent to the present Harmony Street, and just west of and adjacent to the propertyof August and Christian Haman, above des- crIbed, which property is also located between the Cape Girardeau -Jackson Gravel Road ( also Imown as Broadsxray Street) and Hanover Street. Said property of Benjamin_ Buelteman ic, Iso described as follows: Beginning on the side: of Harmon -,,%r Street, at an point a. distance ofsixty-six (66) feet gest of the northeast corner of lot No.6 of a certain sub- division of outlots C, D, E and No -9 of the City of Cabe Girardenu, Missouri; for a beginning point; thence run westwardly along the south side of Harmony Street a distance of one hundred thirty-two (132 ) feet, thence southwa.rdly parallel with the east line OIL saie lot No.6 a. distance of nine (9) feet; thence run eastwardly parallel with the south side of Har- r:or_y Street a distance of one hundred thirty-two (132) feet thence run northwardly parallel with the east lire of said lot No.6 a. distance of nine (9) feet to the place of beginning. Said strip of ground is also represented on the blue print attached hereto and made a. part hereof as part of this descr•iptwon as parcels No. 340 34a and. 35. PROPri':h.1Y Or l' ,: lILDA KAS1ERS . A strip of ground thirty-five (35) feet long and of unifona width of nine (9) feet, 'Located just south of and adjacent to the present Harmony Street and described in, metes and bounds as follovis: Beginning on the south side of Harrrony Street at a point a distMee of 1O8.5 feet west of the north- east corner of lot No .6 of a c orte in subrdivi si on cf outlots C, D, E and No -9 of the City of Cape Girardeau, rjiissouri, for- a. beginning corner; thence run west- wardly along the south side of the present HarmorY Street, a distance of thirty-five (35) feet; thence south parallel with the east line of said lot No.6, a. di stance of nine (9) feet; thence ea.stwardly parallel with the south side of the present Harnior_y Street, a distance of thirty-five (35) feet; thence northv+ardly parallel with the east line of said lot No.6, a distance of nine (9) feet to the place of be- ginning. Said parcel of real estate is represented on the blue print attached hereto and made a part hereof as a part of this description as parcel No.34a. PROPERTY OF LOUIS HUNZE AND MARGARET HUNZE, HIS MOUIER. A strip of ground sixty-six (66) feet long and of uniform width of nine (9) feet being south.of and ad- Jacent to the present Harilony Street, fronting sixty- six (66) feet on Harmony Street and nine (9) feet on Hanover Street and described in metes and bounds as follows: Beginning at the south side o the present Harmony Street a distance of one hundred ninety-eight (198) feet ,Nest of the northeast do:.-ner of lot NO -6 of a certain subdivision of outlots C. D, E and No.9 for a beginn:i.rt; point; thence ruxl westwardly along the south side of Harmony Street, a distance of sixty- six (66) feet; thence run souLhwa.rdly along the east side of Hanover Street a distance of nine (9) feet; thence run eastwardly parallel with the south side of Harmon7y Street a dis tante of sixty-six (66) feet; thence run northward.ly parallel with the cast line of said lot No.6 a distance of nine, (9) feet to the place of beginning. The said parcel of real estate 5s represented on the blue print attached hereto and made a part of this description asparcel No.4• PRO PL,RRT}Y��O F HENRY _SEM U=,7SENc I S]Tn ATF, OVMED ED BY E1,911�LI_A ,�+' � f- 0 Y �7��5 11ts , iiL7�'.r 7 Ms AIM 4 A strip of ground three hundred. twenty-six (326) feet long and of uniform width of seven (7) feet, located on the north side of and adjacent to the present Harmony Street, frontir three hundred twenty-six (326) feet an Harmony Street and seven (7) feet on Henderson_ Avenue. The said strip of ground is also described in metes and bounds as follOws: Beginning at the szzthe a st corner of 16t No . l Of subdivision of lot No.12, of Henderson Subdivision in the City of Cape Girardeau., Missouri; thence run northwardly a distance of seven (7) feet; thence west- wardly parallel with tsxe north side of Harmony Street a distmee of three hundred twenty-six (326) feet, more or less, to the west line of said lot No.l of subdivision of lot No .12; thence southwardly a di stance of seven (7 ) fee$ parallel with the first course; thence east- wardly a distance of three hundred twenty-six (326) feet, more or less, along the north side of Har- meny Street to the plat© of beginning. Mie said parcel of real estate is represented on the blue print attached hereto and made a part hdreof as a part of this description as parcel No - 3 - PROPERTY OF CHRISTIAN Hit vM N. A strip of ground one hundred twenty-eight and two - tenth (128.2) feet long and of uniform width of seven (7) feet, located on the south side of = and adjacent to the present Harmony Street, fronting one hundred twenty-eight and two -tenth (128.2) feet on Harl:tony Street and seven (7) feot on Painter Avenue. The said strip of ground is to be taken off of the north part of lot No.12, Block No.2, Haman's Addition to the City of Cape Girardeau, Missouri, and is also represented on the blue print attached. hereto and made a part of this description as parcel No .2 . Also a strip of ground one hundred ten (110) feet lona; and of uniform width of seven (7) foot, located on the south side of and adjacent to Har- mony Street, fronting one hundred ten (110) feat on Harmony Street, and seven (7) feet on gest End Boulevard. The said. strip of ground is to be taken off of the north side of lot No .1, Block No .2 of Ham.an's Addition to the City of Cape Girardeau, Missouri, and is also represented on the blue print attached hereto and made a part of this description as parcel No . 7_ . BECTICTNT 3. That ail property (exclusive of public streets, alleys, pu1)lic property and such property as is owned by the n=icipality and such property as is condemned and taken herein) described below in this Section, is deemed and hereby decl_:re;d to be benefit- ed by the said establishing„ openyng and widening of- Harmony Street, as is set out in Sect`lons 1 and 2 above, and all of the real estate described below in this Section is hereby declared to be the Benefit District as will also rciore fully appear on the blue print attached hereto and made a part of this description,urhich said parcels of real estate in said Benefit District are represented on the said blue print attached hereto and made a part of this des- cription as fol1017 s: -6- The north one hundred thirty ( 130) feet of parcels 184, 185, 185a and 186; and all of parcels No.187, 190, 193, 198, 1990 200, 201, 203, 204, 207, 208, 210, 217, 218, 219, 223, 224, 225, 229, 230, 231, 268, 235, 236, 237, 241, 242, 243, 292, 293, 294, 295, 296, 247, 248, 249, 259, 260, 261, 262, 263, 264, 265, 266, 267, 306, 307, 308, 312, 313, 314, 315, 316, 317, 318, 319 07 10.1, 320 , and 269_pa, 9'. Said Benefit District is also described as follows, and embraces the following described real estate, located in the City of Cape Girardeau, Missouri: Beginning at the northeast corner of lot No.6 of a certain_ subalivision of outlots C, B, E and No.9 in the City of Cape Girardeau, Pdissouri, fcr a beginning point; thence run scuthwardly along the east side of said lot No.6 a distance of one hundred thirty (130) feet; thence run westwardly parallel with the .south side of Harirzony Street, a distance of two hundred sixty-four (264) feet to the east line of Hanover Street; thence run northwardly along the east side of Hanover Street one hundred thirty (130) feet to the south side s� of HaiTaony Street; thence run eastwardly along the side of Harmony Street, a distance of two hundred sixty-four 1264) feet to the east side od the said lot No.6, the place of beginning. Also lots No.l,. 30 10, 11 and 12 of Block No.25 Albert Place. Also lots No.l, 3, 4, 7, 8, 10, 17, 18, 19 of Block No.l, Albert Placa. Also lots No.l, 2, 31 10, 11 and 12, Block No.l, Hamants Addition, also lots No.l, 2, 31 10, 11 and 12, Block No.2, Haman's Addition. Also the follo�. ing ppoperty: Beginning at the southeast corner of lot No.l of lot 12 of Henderson's SulDdivision in the City of Cape Girardeau, -7- Missouri, thence run northwardly a distance of one hundred thirty- two (132) feet; thence run westwardly parallel with the north line of Harmony Street, a distance of three hundred twenty-six (326) feet; thence run southward.ly a distance of one hundred thirty- two (132.) feet to the north side of Harmony Street; thence run ea.stward- ly along the north side of Harmony Street; a distance of three hundred twenty-six (326) feet to the east lire of lot No.l of sub- division of lot• No.12 of Henderson's Subdivision, the place CC be- ginning. Also the following property: Beginning at the southwest corner of Schraeder's Addition to the City of Cape Girardeau, Missouri, being, also, the north. east corner of the intersection of Harmony Street and 1'lest End Boulevard; thence run northwardly a distance of one hundred forty- two (142) feet; thence run eastwardly parallel with the north line of Han ony Streit, a distance of two hundred seventy-six and seven - tenths (276.7) feet, more or less, to the east side of Schraeder's Addition; thence run southwardly along the east side of Schraeder's addition, being the west side of Painter '_venue, .a distance of one hundred forty-two (142) feet to the north side of Harmony Street; thence run westrfardly along the north side of Harmony Street, a distance of two hundred seventy-six and seven. tenths (276.7) feet, more or less, to the place of beginning. Also lots No.l, 2, 3, 16, 17, 18, 19, 2D, 2L, 22, 23 and 24, in Block No.3, Lcr imier IrIlace. !_1so lots No.4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15, in Block No.21 Lorimier. Place in the City of Cape Girardeau, 14Iis- souri. The said several lots, tracts and parcels of private property above described as constitute gr the Benefit District anal being: the property benefited by the establishing, opening and widening said _S_ Harmony Street, except public streets, public property and alleys, and such property as is condemned and taken herein, shall be severally assessed in amounts equal to the ben, --fits to pay for the property taken and condemned, and ju figments shall be rendered thereon according to law against the property in .said Benefit District aboti--e described. Such assessments of benefits shall be against -the tracts and parcels of land in said Benefit District and be paid by the Dartuies against ;,,hose property the same may be assessed, ,,rith 8% interest per annuli from the date the assessment becomes due on the :mount of the assessment, Trithin fifteen days after the verdict of the Commissioners or a jury shall be confirmed or judgment shall have been rendered thereon that the City have and hold the property so to'be taken and that the City Recover the respective amounts assessed against prJate property in the above described. Benefit District in the manner provided b T lavr and the benefit -a so assessed as aforesaid shall be a first and prior lien upon the property against vahich the benefit is assessed. It shall be the duty of each and every person owning property in the Benefit District to pay the amount assessed against his pro- perty to the Vity Collector within fifteen days after the assessment becomes due and payable, and the City Clerk shall g-ive notice of the ti?�e ,hen the assessment becomes due andpayable by publication of two insertions in the newspaper doing the city printing, and published in the City. If the address of any non-resident be known or furnished to the City Cler.%,it shall be his duty to notify such person by mail of the emount of his assessment, when due, and that if not paid, a special execution will be issued as of a court and levied on the lot, piece or parcel of ground charged with the assess,sient The failure to give the above notice shall not invalidate any assessment or tax bill, but is to be given simply for the conven- ience of the person who o.,7es the assessment. -9- SECTION 4. PENALTY .FOR FAILURE OR NEGLECT TO PAY ASSESSD,ENT. If any person a;ining any assessment shall fail or neglect to pay the same to the City Collector or the legal holder of any tax bill, when due andpayable, as required herein, said assessment shall be subject to a penalty of 3% per month on the amount of the assessment for non-payment in addition to the 8% interest per annum. The a.rvunt of assessment and the penalty of 3% per month on unpaid assessments and interest shall be collected by suit. If the assessment and penalty of 3% per month on unpaid assess- ments shall not have been paid and in case suit is brought for the collection of the tax bill or the unpaid assessment with the interest and penalties, there shall be taxed and collected as costs, an attorney's fee of five dollars in each suit, which fee shall be taxed as costs and be paid to the attorney bringing suit. Thirty days after the assessments become due and the verdict of the CoriDiiissioners or a jury shall be confirmed and judgment shall be rendered thereon, such ju.:gment may, if the City Council of the City of Cape Girardeau, Trlissouri, choose, be enforced by special execution against the lot, tract or parcel of land charged with the lien thereof , even tough tax bills shall have been issued therefor, and if said tax bills are in the hands of the City Collectar. The proceedings under special execution shall, as far as practicable, conform to the proceadixgs under special execution and ordinary judgments foreclosing liens on land. SECTION 5. All assessments with interest and penalty shall be paid to the City Collector and be kept in a special fund for the payment of damages sustained. SECTION 6. In case a judgment in any Court be awarded to any owner for property taken or dama-ed shall be raised by a jury, the City May, if -10- the Council so orders, pay such additional amount out of any available funds for that ,-urpase; and in case damages allowed any owner shall be lowered, such deductions shall reduce the amount of benefits assessed against the property in the District above defined pro rate; and if the City fails to collect any assessments, in whole or in part, it may pay the amount not so collected out of the city treasury. SECTION 7. The City may issue tax bills or certificates trans- ferring to the holder thereof the benefits or parts thereof, which bills shall be issued to the City of Cape Girardeau, and sell the same for not less than par, the proceeds being applied to the use of paying damages assessed to any property by reason of opening, es- ta-blishing, widaiing and extending Farmony Street as herein provided, and the City shall only be liable to the holder thereof for the proper application of the funds collected on the bills. The tax bails herein provided for shall be delivered to the City Collector and he shall be charged with the amount thereof and the owner of the property described in the tax bills may apply to the Collector and pay the same. Viilh.eroupon the said bill shall be cancelled and delivered to the owner of the property; but if said bills shall be paid by any persons desiring the assignment of said bill to the person paying it, the Collector shall assign the same to such person by writing thereon the following words: III Collector of the City o TaT6- r`arcCau;Missouri, for talue receiv- ed, hereby assign the within tax bill to thi s �yday of _ - - -- 19� City of Cape Girardeau By if said tax bills are not paid by the owner or owners of the pro- perty against which the benefits are assessed, the City Collector -.11- shall, by advertisement offer then for sale, first giving ten days' notice of the time, terms and place of sale and they may be offered for sale within thirty days after delivery to the Collector and be sold at the east front door of the Court -House of the Cave Girardeau Court of Cormnpn Pleas in Cape Girardeau, Iylissouri, for cash, but the owner of the property shall have the privilege of buying in the said tax bills at such sale at par with interest and penalty, if any, and if sold to any other persons they shall be assigned to them as herein provided for and no bills shall be sold by the Col- lector to any person but the owner of the property described in the bill until they have been first offered at public sale as herein provided for, after which they may be sold at private sale for not less than par, and the interest and penalty due thereon. All the tax bills issued under the provisionsof this ordinance shall be signed by the Mayor and attested by the City Clerk with the seal of the Uity. SECTION 8. The tax bills issued under the provisions of this ordinance shall be substantially in the following form: TAX BILL FOR COLLECTION OF BENEFITS IN THE, MATTER OF OPENING, ':` ID :KING AND ESTAB1.1-B-CNG Hl.RI',"`OPTY STRZL',T , IN TK CITY OF CAPE GIRARDEP.:U, yIS6OURI, FROM TH-' INTERS ''CTION OF TFJ,� CAPE G:LRAR- DEAU-JACKSON GRAi%;L ROAD ( ALSO J2i9,,-,J` AS BRaDWAY STREET) LNC) H*'%'RE TONY STRP;`T, "4ESTI-YARD 10 TFJ3 FAST SIDE (' a EST EZ D BOULI VARD . No. CITY OF CAPE GIRl?RDIP, -1U, PJII SSOURI. This tax bill is issued by the City Council of, the City of Cape Girardeau, Missouri, on the day of 19 under and by virtue or- C`rda Hance �o . a --'being the amount of benefits as asce`r'f'ainea and assessed by the Commis- sioners hereinbefore appointed by the Honorable , Judge of the Co"` u ;' ape 1raxaeau County, yissourf., as appears from, the report filed in the_-- court an the day of 19 , and which rep -0 -r7 -of the Co.Mllii sg!Z5 's was7!uly approved by the said Court on the day of �?� and a judg- ment lien wa.s acqu neo in avor of tFie City of Cape Girardeau and against the real estate hereinafter mentioned, to pay damages by reason of the opening, widening and establislaing- of Harrior_y Street between the Cape Girardeau -Jackson Gravel Road (also Imown as Bro ads; ay Street) and Harnorry Street v;e st- ti^card to the east side of West End Boulevard, in the City of Cape Girardeau,Count;r of Cape Girardeau and State of �,iiss our' , as follows, to -wit: That the amount for which the tax, bill is issued is$. and is payable fifteen days after the date =0- -:Zssu€�.r_c"e of this tax bill and bearsinterest at the rate. of 81, per annum from date until paid and is payable to the City of Cape Girardeau, 14issouri, or its assigns and is a first lien against the said property until paid. If trl.is tax bill is not paid within fifteen days after the date thereof, a penalty of 3% per month. on theano 1, of the assessment or the amount of this tax bill sha_Ll be added to the face value of this tax bill. If this tax bill, interest and penalty, if any, shah not have been paid., and in case sijit is broug�Zt for the collection of this ta.x bill. with interest and penalties, there shall be taxed and collected in addition, as costs an attorney's fee of five dollars in each suit Irhich fee shall be paid to the attorney bringing suit - Issued at the City of Cape Girardeau, i,�isf,oL�ri, this day of 19� ATTEST: SECTICIT 9. The City Counsellor is hereby directed to prepare his application and petition on the part of the City of to the C Cape Girardeau and present the e?. me ape Girardeau Gaunt rl of Common Fleas or the judge thereof in vacation, o r to the Circuit Court of the County of Cape Girardeau, or the Judge -13- thereof in vacation, which petition shall set forth the use for which the lands are taken; the names of the owners of the several lots or parcels of land, if known, and if unknown, a correct des- cription of the parcel whose o:,ner is unknown, and praying the ap- pointment of three disinterested Commissioners,, freeholders of property in the County of Cape Girardeau, Missouri, to assess the damages which the owners may severally sustain by reason of the taking of such real estate by the City of Cape Girardeau, and to assess the property benefited by the opening, widening and estab- lishing of Harmony Street to pay therefor; and file with the petition a certified copy of this ordinance, and to which petition the known o,mers of such lots or parcels of land damaged by the said opening and establisbimg of Harmony Street, shall be made parties defendant. SECTION 10. Upon the filing of the report of the Commissioners with the Clerk of the Court by which they are appointed and when said report has been approved by t%e Court, the City Clerk shall secure fron, the Clerk of the said Court, a certified copy of such report for the use of the Council, and the Council shall thereupon as soon as may be, consider the same and order warrants to be issued to the persons entitled to the damages assessed_, if any, or a warrant issued to the Clerk of the Count for such persons or shall fallow such proceedings as the Council shall determine, and if it determines to pay the damages as assessed, it shall by ordinance assess the amounts to the real estate as charged with the benefits in the report of the Com- missioners or assessed by a jury in the Court. SECTION 11. any and all tax bills issued for the purpose and under the provisions of this ordinance, shall, in the hands of the owners -14- or ti,.ose to whom it is assia-med, be prima. facie evidence of all recitals therein. SECTION 12. None of the tax bills when cfered for sale as provided for under Section 7 of this ordin�-nce, shall be sold for less than par at either public or private sale without the consent of the Council or expressed by resolution, and if at such sale offers are received for less than p,.r of the face of the bills, the Col- lector shall report such offer to the Council for its action thereon and the Council shall either approve the sale and order them de- livered to the purchaser or order them held and collected. .CTION 13. The City Engineer is hereby directed to make and deliver to the Mayor or City Council, a blue print or plat and also written and correct description of the several, lots and parcels of pri- vate property within the distract deemed benefited, and to be as- sessed to pay compensation as provided in this ordinance and all of the private pro perty to be taken and condemned, containing the names of the owners and claimants of such lots or parcels or -ro- perty and the names of all the owners of any interest therein or claimants of such interest or estate at the time of the passage of this ordinance. SECTION 14. This ordinance shall take effect from and after its passage and approval. SECTION 15. All ordinances or parts or ordinances in conflict with this ordinance are hereby repealed. Passed this day of A.D 1917. President of the Council. _15- Approved this day of jjjZ-- A.D 19117. 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