HomeMy WebLinkAboutCityMgrForm.837.10-03-1973 . , ' . . .
CITY MANAGER FORM ORDINANCE NO.�
AN ORDINANCE APPROVING THE FORM OF AN AGREEMENT BETWEETI THE CITY
OF CAPE GIRARDEAU, MISSOURI AND BERNARD J. HALTER AND LILLIAN M.
HALTER, AND SLOAN A. WATKINS .AND IDA W. WATKINS, FOR PURPOSES OF
GR.ADING AND GRAVELING AN ALLEY OFF PERRY AVENUE AT PROPERTY OWNERS
EXPENSE, IN THE CITY OF CAPE GIRARDEAU, MIS50URI, WITH AUTHORITY
FOR THE MAYOR TO EXECUTE
WHEREAS, Bernard J. Halter and Lillian M. Halter, his wife,
and Sloan A. Watkins and Ida W. Watkins , his wife, have petitioned
the City of Cape Girardeau to allow them to grade and gravel one
hundred nine and seven-tenths (109 . 7) feet of an alley entering off
Perry Avenue between 1012 and 1022 Perry Avenue, at their own
expense; and,
WHEREA5, the City has no objection to the grading and
graveling of the alley for the use of the Property Owners , provided
the Property Owners maintain the alleyway and agree to indemnify
the City and meet other conditions; and,
WHEREAS, the Property Owners and the City desire to enter
into an Agreement for the grading and graveling of said alley;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF CAPE GIRARDEAU, MZSSOURI, AS FOLLOWS:
SECTION l. That the Agreement between the City of Cape Gir-
r
ardeau and Bernard J. Halter and Lillian M. Halter, his wife, and
Sloan A. Watkins and Ida W. Watkins , his wife, a copy of which is
attached hereto marked "Exhibit A" , is approved in form.
5ECTION 2. That the Mayor of the City of Cape Girardeau is
hereby authorized and directed to execute the Agreement between
the City of Cape Girardeau and Bernard J. Halter and Lillian M.
Halter, his wife, and Sloan A. Watkins and Ida W, Watkins , his wife,
attached hereto marked "Exhibit A", for and on behalf of the City
of Cape Girardeau, Missouri .
SECTION 3 . This ordinance shall be in full force and effect
ten days from and after its passage and approval.
PAS5ED A1VD APPROVED THIS 3� DAY OF �,��, , 1973.
:,� � ��--e--�:�..,
ATT ST: �. � MAYOR
< <
� '���'�r . . . . 4 ,,.:�
CITY CLERK i,` � �:
� R ` �,;t
k '
AGREEM�NT
This Agreement made and ente ed into this day of
, 1973 , by and b tween the City of Cape Girardeau,
Missouri, a municipal corporation, h reinafter referred to as
"City" , and Bernard J. iialter and Li lian M. Halter, his wife, and
Sloan A. Watkins and Ida [�l. Watkins , his wife, hereinafter
collectively referred to as "Propert O�aners"° ; �
ZaITNESSETH:
T,�HER�A5, the Property �v�m�rs have p�titioned the City of
Cape Girardzau to allow them to grad and c�ravel one hundred nine
and seven-tenths (109 . 7) feet of an lley entering off Perry Avenue
between 1012 and 1022 Perry Avenue , t their own expense; and,
WHEREAS, the City h�s no obj �tion to the grading and graveling
of the alley �or the use of the Prop rt_y Owners, provided the Property
Owners maintain the alleyway and agr e to indemnify the City and
meet other conditions;
N0�7, THEREFOR�, In considera ion of the mutual covenanta
and conditions contained herein, the parties hereto agree as follows:
1. The City ot Cape Girarde u herwith grants authority to
the Property Owners �o open, grade a d aravel one hundred nine and
seven-tenths (109 . 7) feet of an all y entering east off of Perry
Avenue between 1012 and 1022 Perry A enue, the opened part of said
alley being ak�utted by and adjoining Lot 10 , Block 9 , Monticello
First Addition to the City of Cape G' rardeau on the North and Lots 11
and 12 , Block 9 , AZonticello First Ad ition to the City of Cape
Girardeau on the �outh .
2. Property Owners will com 1y with a11 City Ordinances
relating to curb cuts and constructi n, etc. in street right-of-way,
except that the grade of said alley hall not be established by
the City.
3 . Property Own�rs shall op n, grade , gravel and maintain
• and repair said alley at their own e pense and at no expense to the
City of Cape Girardeau.
EXHIBIT ~A„
� ti� '
4. Property O��aners shall at empt to prevent all rock , debris ,
gravel, or other matter from being w shed or otherwise carried from
the alley onto the Perr_y Avenue ri�h -of-way, including the sidewalk,
any parku�ays, or the paved �ortion o Perry Avenue and shall
immediately remove any such matter f om the Perry Avenue right-of-way .
5. Property Owners agree to repair any damage which might
be sustained by the sidewalk in the rea due to repeated� traffic
f low across the sidewalk into the al ey .
6. The City reserves to its lf the riaizt to construct ,
operate, maintain, or reconstruct an utilities in the alley
right-of-�aay, including the granting of the ri_g�zt to construct,
operate or maintain any such utiliti s to a �rivate utility company.
7. Property Owners aaree an understand that the City
retains the right to revoke this �qr ement upon thirty (30) days
writ�en notice and cl.ose the alley a d Property Ouaners agree that the
City will not be liable to them for amages of any kind for said
closing or limiting the use of the a ley.
8 . The Pro�erty Owners furt er agree to indemnify and hold
harmless the City of Cape Girardeau or an1% damages , claims , claims of �
damage or expenses which may arise a a result of the repairs ,
maintenance, or use , or the omission to make repairs or maintenance
or propeily use the alley riqht-of-w y, or the failure to comply
with the terms of this Agreement.
9 : The Property Owners agre between themselves that the
original cost of the openin,�, gradin and grav�ling of the alley
shall be divided between Bernard J. alter and Lillian M. Halter,
his wife, and Sloan A. i��Tatkins and I a tn�. Watkins , his wife, each
Property Owner paying an equal share Property Owners further agree
and understand that the cost of main aining said alley way from and
after its initial opening, gradinq a d graveling shall be borne by
Bernard J. Halter and Lillian M. Hal er, his wife.
• 10 . This Agreement shall be inding upon the heirs , executors,
administrators, successors anc� assig s of the parties hereto .
, _2_
�
IN WITNESS WHEREOF, the part' es hereto have set their hands
the day and year first above written.
CITY OF CAP� GIRARDEAU, P�IISSOURI
Bv
Ma��or
ATTEST: 1
City Clerk
Be nard J . Halter
Li lian 2��i. Halter
Sl an A. Glatkins
Ir� W. Trdatkins
STATE OF MISSOURI )
) ss . �
COUNTY OF CAPE GIRARD�AU )
On this day of , 1973, before me appeared
HOWARD C. TOOKE, to me personally ]cn wn, who, being by me duly
sworn, did say tha� he is the Mayor f the City of Cape Girardeau,
a municipal corporation of the State of T�Iissouri, and that the seal
affixed to the foregoing instrument s the seal of said City and that
the said instrument w�as sianed and s aled in behalf of said City by
authority of its City Council and ac nowledged said instrument to be
the free act and deed o� sair� C�ty.
IN TESTIP�IONY T�1HER�OF, I have hereunto set my hand and affixed
my official seal, at my office in Ca e Girardeau, Missouri, the day
and year first above written.
Del res G. Snider, Notary Public
My Commission Expires: _
October 8, 1976.
�-3-
� � ' y �
STATE OF MISSOURI )
) ss .
COUNTY OF CAPE GIRARDEAU )
On this day of , 1973, before me
personally appeared �ERNARD J. HALTLP. and LILLIAi�d M. HALTER, his wife,
to me known to be the persons described in and who executed the
foregoing instrument, and acknowledged that they executed the same
as their free act and deed,
IN TESTID�ONY WHEREOF, I have hereunto set my hand and
affixed my official seal at my office in said County and State
the day and year first �.bove written.
Notary Public
My Commission Expires:
STAT� OF MISSOURI )
) ss .
COUiQTY OF CAPE GIt�ARDEAU )
On this day of , 1973, before me
personally appeared SLOAN 1�. Tr�ATKIid5 and IDA W. TnTATKIN5, his wife,
to me known to be the persons described in and who executed the
foregoinc,r instrument, and acknou�ledged that they executed the same
as their free act and deed:. •
IIQ TESTIMONY WHERrOF, I have hereunto set my h.and and
affixed my offiCial seal at my office in �;aid County and State
the day and year first above written.
Notary Public
My Commission �xpireso
�-4-