HomeMy WebLinkAboutCommForm.1710.06-21-1956 r�
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COMNISSIODI r ORNi OR7)ITd�P�CE I�TG . /7/n
�Iv ORDIT��i�C� EXTEI�iDSNG COi•SP�ISSION FORNi
ORDINAl�C�; N0. 95o FOR �1 PERTOD UF THIRTY
YE�RS FRONi xND �,FTER ITS �,�PIR�TIOI�i
WHERE.aS, vhe City of Cape Girardeau and tiie Trustees of
St. Louis-San Francisco Railway Company, appointed in a proceeding
lately pending in the United St�tes District Court for the �astern
District oi T�:issoury ui�der Sec-ci.on 'l7 oi ine �anxruntcy .�c c oi
the Uni-ced States of �r�erica, and u�c. Louis-San rrancisco Railway
Company, a corporation, entered into a contrac�t with the City of
�Cape Girardeau, 7�Iissouri, as st�.ted, expressed and enacted by
Commission Form Ordinance No. 9;0 passed and approved June l,
1942, which contractual ordinance was approved by the United
�-�ates Dis�ric�; Court for the �a.stern Districti oi I�iissouri at
St. Louis , Missouri , and accepted by both the trustees of
said railw�y company and said railway company; and
WHERE�S, both the irustees oi said railwa� company and the
said railway company, since its reorganiza�ion, have fu11y complied
with all of the duties and obligations imposed upon it by said
Ordinance I�Tc . 950; and
WHER��S, �the said railway company, in addition to the
other obligations imposed upon it, has paid to tne City of Cape
Girardeau the annual payments of �,�3600.00, as specified in said
ordinance, since aeptember l, 194�, totaling to da-te �57, 60U.OU,
and will continue to make said annual payments until �eptember
l, 1970, tiien aggregating an additional yN50,400. 00; and
WHERE,�l5, a benefit assessment of �90,000. 00 has been
assessed a�;ainst -the pro�ercj- oi' saici railway company located
in the Nain �Creet Levee Improvement Distric� and it will be
reguired to pay the same proportionate amount of taxes levied
by said district against its property within said district as
o�'ther property owners assessed with benefits in said district
will be req_uired to pay, and, in addition, will be reguired to
expend substantial sums for the relocation of its tracks and
other facilities in order to accomodate the levee now being
constructed; and
WHERE�S, said railway companv will be required to pay in
addi-L-ion to the -caxes or special assess�ents levied by said levee
district, all taxes annually levied against its properiy within
the �ity and County of Cape Girardeau and State of Missouri; and
WH�REAS, the terms of said Urdinance Contract Tdo. 950 and
the obli�ations heretofore performed and to be performed by said
railway cor.�pany thereunder and -c:Ze acceptance by said railway
company of said benefit assessment of �pg0, 000.00 in said NIain
S�reet Levee Improvement l3is�rict are dee��ned to be to the
advantage of ihe Ci�;y of Cape Girardeau; and
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WHERE.I�S, said contractual Ordinance No. 950 will expire in
Fourteen (14) years and the city deems it to be to its advantage
to continue the terms of said cantract for an additional period
of thirty (30) years and Lhe railway company is willing to
accept said extension, I�70W THER�:FORE,
BE TT ORD,�INED BY �i'HE CIlY COUNCIL Or �iHE CITY OF C�P�
GIRi�RD��iU, NiISSOUP�I, �S FOLLOWS :
S�CmION l. ihat the terms and condi��ions of' Comra.ission
Form Ordinance i�lo. 950, passed and approved on June i, 19/�2, be
extended ior an additional period of thirty (30) years from and
after i�s expiration date.
S�;CTICPi 2. This ordinance shall be accepted in zariting
by the railway company within iift,een (15) days from and af'ter
its passage, and when so accepted shall become a binding contract
between the City of Cape Girardeau, T��lissouri, and the railway
company, its successors and assi�;ns .
Passed and a �
pp�oved this /oZ. - day of June, 195b.
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Ci�t Clerk
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��C�P^l�'►PJCr, Or COA�MTSaION PORM ORDIN�NC� N0. 1710
BY ST . I,OUIS--S�PJ �'R�IvCIS�O R.#�ILW;AY COP�iF�i`Ty
WHERE�iS, heretofore, -to--wit, on �;he 12th day oi �une,
1956 there was passed by the �ii;y Council o� the Ci�;y of
Cape Girardeau, State of i-:issouri, �;ommission Forra Ord?nance
TIo. 1110 enti-'tled,
"�aN QRDIN�IVC� EXTENDIIJG COriltiil'SSIOTv FORP��
ORDIN,�,iJC� NQ. 950 FOR .� P�,RIOD OF THIn1Y
YE�i3S FItOi: ,��?D 11L�`i';r��� I`:'S �:XrTi?.t'�'�G��" ,
approved June 12, 1956; and
WHER�2;S, section 2 of sa.id ordinance provides for the
acceptance of said ordinance in writing by the St. #!ouis--San
Francisco Railway Company before the same sh�l1 becorne a
binding contract betwu�n the City of �ape Girardeau, State "
of Niissouri and �he railway company, its successors and assigns ,
IvOW 'I'HEREFORE, pursuant to the aforesaid ordinance
5t. Louis-�an Franc�sco Railwa,y Company has accepted and does
here�t* accept the terms and provisions of said Co`nmission
1'orm Crdinance I�o. 1710 by �ne City of Cape Girardeau, State
of :Y:issouri.
�Tv WI`�'NESS WH�;R�;QF, St. Louis--San Francisco Railway
Company has duly executed this acceptance by its duly authorized
of's"icers on this the � day of June, 1956.
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ti�� S"1' . LOUIS-S�id FR.�NCISCO R.AILia�Y COiLIP:�idY
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1ts ice--Fresident
t�.l��.�.'..�i S rl� i
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Secretar,y
State of Missouri )
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County of Cape Gira.rd��.0 )
I, Verna L. Landis, Ci��r Clerk oi th.� ��iiry o:; Cap� Girard�au, Missouri, do
hereby cerciiy that an ex_�,cuted counterpart of the foregoing Acceptance of Com-
mission Forrr; Grdinance No. 1710 was delivered to me at my office in the City
of Cape Gixardeau, Mi�souri, L-his a � day of June, 1956.
Witness my hand and the seal of the City of Cape Girardeau, Missouri,
this ,�6 day of June, 1956. � �.
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-'.C.�-c,��``� =r..���,�.-.Q._�__�
City Clerk