HomeMy WebLinkAboutCityMgrForm.1405.12-20-1978 ... y
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CITY MANAGER FORM ORDINANCE NO. / �
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO PUBLIC SCHOOL
DISTRICT NO. 63 AND THE CITY OF CAPE GIRARDEAU, MISSOURI, FOR
PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A PUBLIC
SWIMMING POOL FACILITY, TO BE LOCATED ON LOTS 9 THROUGH 16 OF OAK
PARK SUBDIVISION, IN THE CITY AND COUNTY OF CAPE GIRARDEAU,
MISSOURI
WHEREAS, Public School District No. 63 is the owner of
certain �roperty in the City of Cape Girardeau, Missouri, on
which it and the City of Cape Girardeau, Missouri desires to
construct, maintain and operate a public swimming pool facility;
and
WHEREAS, the proposed location of the said public swimming
pool is northeast and adjacent to the intersection of Clark
Avenue and Whitener Street on the Junior-Senior high school
campus, in the City of Cape Girardeau, Missouri, which said
property is presently zoned C-1, Local Commercial District; and
V1f-iEREAS, A Special Use Permit is required for saicT public
swimming pool facility use in a C-1 zone;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
CAPE GIRARDEAU, MISSOURI, AS FOLLOWS :
SECTION l. The City Council, having duly considered the
application finds that the granting of the Special Use Permit
will not substantially increase traffic hazards, congestion, fire
hazards or adversely affect the general character of the neighborhood
or the general welfare of the community, nor will it overtax
public utilities or be in conflict with the comprehensive plan.
SECTION 2. A Special Use Permit for the purposes of constructinc,
maintaining and operatinq a public swimming pool iacility, on the
following described property:
All of Lots 9, 10, 11, 12, 13, 14, 15 and 16 in BLock 8
of the Oak Park Subdivision in Cape Girardeau, Missouri.
is hereby granted to Public School District No. 63 and the City
of Cape Girardeau, I✓issouri, a Municipal Corporation, to be
effective ten (10) days after the date of passage and approval of
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this ordinance. The Special Use Permit must comply with all
regulations set forth in the Zoning Code for the district in
which the use is located except those which have been specifically
excepted under this permit, all other applicable ordinances of
the City of Cape Girardeau and any special conditions contained
in the Special Use Permit, a copy of which is attached hereto,
marked Exhibit "A" and incorporated herein by reference. The
Mayor is hereby given the power to execute the Special Use Permit
for and on behalf of the City of Cape Girardeau, N�issouri.
SECTION 3. THis ordinance shall be in full force and effect
ten days after its passage and approval.
PASSED AND APPROVED THIS `�b� DAY OF �Cd�w�"��C/
197�.
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MAYOR
ATTEST:
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CITY CLERK
SPECIAL USE PERMIT
Public School District No. 63 and the City of Cape Girardeau,
Missouri, a Municipal Corporation, are hereby granted a Special
Use Permit for purposes of constructing, maintaining and operating
a public swimming pool facility in the City of Cape Girardeau,
Missouri, on the following described property for an indefinite
period: �
Al1 of Lots 9, 10, 11, 12, 13, 14 , 15 and 16 in Block 8
of the Oak Park Subdivision in Cape Girardeau, Missouri.
The Special Use Permit is granted upon the condition that
the Applicants be bound by all City. Ordinances which pertain to
the Special Use Permit and that the Applicants be bound by the
following conditions which are imposed as a condition of issuance
of this Special Use Permit. Upon the failure of the Applicants
to comply with these special conditions, the Special Use Permit
will automatically terminate with the right of the City of Cape
Girardeau to enter upon the land to abate such special use.
SPECIAL CONDITIONS:
1. Use is restricted to constructing, maintaining and
operating a public swimming pool facility in the City
of Cape Girardeau, Missouri.
2. Special Use shall meet all zoning regulations.
3. Additions or modifications from original building
permit must be approved by the City Council.
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This Special Use Permit shall be binding upon the heirs,
executors, successors and assigns of Public School District No.
EXHIBIT ��AN
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63 and the City of Cape Girardeau, Missouri.
IN WITNESS WHEREOF, the Mayor of the City of Cape Girardeau,
Missouri, affixes his signature this day of ,
197
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Paul W. Stehr, Mayor c �
ATTEST:
Verna L. Landis, City Clerk
STATE OF MISSOURI )
• ) ss.
COUNITY OF CAPE GIRARDEAU )
On this day of , 1978, before me
appeared PAUL W. STEHR, to me personally known, who, being by me
duly sworn, did say that he is the Mayor of the City of Cape
Girardeau, Missouri, a Municipal Corporation of the State of
Missouri, and that the seal affixed to the foregoing instrument
is the seal of said City and that the said instrument was signed
and sealed in behalf of said City by authority of its City Council
and acknowledged said instrument to be the free act and deed of
said City.
IN TESTIMONY WHEREOF, I have hereunto set my hand and
affixed my official seal, at my office in Cape Girardeau, Missouri,
the day and year first above written.
Delores G. Needham, Notary Public
My Commission Expires:
October 8, 1980
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