Loading...
HomeMy WebLinkAboutCommForm.77.06-09-1920 �,., _,�».r,...�.�=�a.�. �, _.,,�. ._ . _ �..___ ._..�,�--..--����-��- �..�. . . - .�-:�. , � � � i-- -} � � � ; � ; . e � COA�VIISSION FO�M ORDINAIdCE N0. `Yr � ' AN ORDINANCE PROVIDING FOR Th'E ESTABLISHiNG, OPENII6G, �YIDENING AND EXTENDING OF HENDERSOl� AVENUE FROM THE NORTH LINE U� INDEPENDENCE � STEEET TO THE SOUTH ZINE OT THEMIS STREE'�, g ` DiSTANCE OF APPROXIIVI�.TELY ti40 FEET, IN THE CITY � AND COUNTY OF CAPE GIRARDEAU, �IIISSOURI; SO THAT HENDERSOI� AVENUE �tILL BE OF A UNIFOR�+I r�IIDTH, SIXTY �'EET-- BY TAKING AND CONDE�NING CERTgIN PARCEZS u� GROUND 0�'�NEI� BY CONRAD �rOGEZS9NG ESTATE, OF �RIH�CH HENRY T�OGEI,SANG IS EXECUTOR; ALSO PARCEI,S BELONGING TO BERTHA VOGT, EZIZABETH � KRUEGER HIT'�, AND SEI,MA HIRSCH EACH FUZLY DESCRIBED � IN THI$ �RDIIdANCE, AIVTD BEARING PARCEZ NUMBERS ONE, TWO, THREE AND FOUR RESPECTIVEZY AS SH09VN ON TAE ` BLUE PRIN T FI LED AEREWI TH, AND B��ARING THE PARCEI, ; �- NUMBERS AS INDICATED TFiEREOI�; AND TO CAUSE THE � � DAMAGES TO BE ASSESSED TO THE PERSONS Q�tNING RF.aA.L ESTATE A1VD CHARGED AGAINST REAL ESTATE IN THE BENEFIT DISTRIC� DRSCRIBED IN THIS ORDINANCE, ° AND IIPON PIHICH ASSESSr.tIENTS SHALL BE LE'�IED TQ PAY SUCH DAMAGES, V�HEREAS, I� appearst a pubiie necessity exists in ' the esta�blisning, opening, widening and egtencting � � ot Henderson Avenue �rom Independence street to � '�Yiemis street, a dis�dnee o� ' � prozimately 640 feet so that Henderson gvenue will be o� unitorm � � width o� sixtiy �eet, ' �-�r��... 91fHHEREAS, It ap�er�rs �that the o��icers and City Gounei 1 9 ot tne City o� Cs.pe Girardeau, Mis�rnzri, and the �laimants ;�f the propertg necessary to be taken i eannot agree on tne amou�t �6o be paid, theretore BE IT ORDAINED BY '�HE CITY COUNCIL OF '�HE CITY t�F C9PE GIRARDEAII, MISSOIIRI, AS �'ULZOG7S; SECTiON 1. The City eouncii of the City o� C�pe Girardesu, Missouri ; hereby, on its motion, escr��oiishes, opens, widens an d extends Henderson ': Avenue, because o� publie neeessity, from the nor�tn iine o� Independence � street to tne soutn iine of �i�hemis s�;reet, a distance o� approximateiy 640 f'eet by �;aking and candemning a strip o�' grouncl ot uni�orm width of 44 feet o�f o� tne west side ot t he prca�ert�,- a�vrted by tne Conrad Jogel- sang estate, o� w��ich Henry Vogelsang is e�ecutor, under i,he iKill, Ber�a Vogt, Elizab���th. Krueger Hitt and Selma Hirsch each r'uliy described in Section No . 2 0� this ordinanee; so thati Hender�on Avenue, when thus es- tabl.ished, opened, widened and extended sha�l ae a siree�; ai uni�orm width oz 60 feet �'rom �ne north line o� Independenee s�reet �o the gaui� line o� ihemis s creet; the propez•ty �o oe taxen �nd condemnerl is privd�e property and is to be taxen ior public use, and. as d �art o� Henderson � Avenue to be used for pubiie traf�ie and �or street purposes. � SECTION 2. That it is necessary for the est�.blishing,opening, �; wictening and ext;en�.ing o� Henderson Avenue as above set out to condemn � and �,ake private property, �ne same being tae privatie property oi' the foilowing persons or es�ates and dd���"iDea in �rords and figures as tollow� to-wit� PROPERTY OWNED BY THE CON'_�tAD 'OGELS�NG ESTATF--FiENRY VOGEZSANG EXECUTOR-- OF �ND IN THE COUN`ijY uF CAPE GIRARDEA.tJ, AND �TATE UF �t�ISSOUF� DESCR IBED AS FOI,T OVdS; , . � � � �=, � ,���., .�.,,.,. ._..,.,�... .�.,� _... ... . ,,.., .��..._.a,, �,, _ .�. _ _ — . ..,. . . ,:�:._ _ , , . , � F� V �- �� � � ;; A strip at' land to be condemned off tne west side oz`tihe �oilo�€ing described property; . A fraction or pvrtion o� Lot No.72 in Range '�D", in cne new limits in tne City of Cz�pe Gi�rdeau; said frr�c�ion or portion o� F,ot No;72 is descrined as �'oliows: Beginning at �ne northwest corner of said �ot No.7�; thence run east �orty-�our and two tnirds (42-�2�3) �eet; tY�enc� soath one �iundredsiaty-three (163) feet, more or 1ess; tnenee we�� forty � four and two �nirde (44-2/3} feet� -thence north one hundred sixty-thr�{� (1�3) �eet, more or .Less, to �n� neg�nn�ng pc�int. � The pr�perty now aetually occupied under the above deseription is fi�ty (50) �ee� in wiath. Said s�trip is to be eondemned is de��ribed as �'oiiowa; s Beginning aL tine northwe�t corner o� t �ae a bove ciescribec3 prnper�cy; ��ien�e run east s,long the north .�ine o� said propertyj forty-four (44} feet, more or less, to the new east iine o� Henderson Avenue as �iown on the accompanying plat; thence south along s�ici ne� east line, one hundred sixty-tnl�ee (lb3 j feet, m�re ur les$, tio �he sou�th line oY sai d property; tnence west along tne south iine or said property, t'orty-iaur (�4) feet, more, or less to the west line o�' said property; tinence north along the west line or said p rope rty, one huna�red sixty-tnree (le3 feei, more ar less, to the pYace oY beginning. Saici stri� is shown on tne aceomp�nying plat �s parcel No.l. �here wili remain of ch.e original property �s descri bed in t he � deed a pa reel �ixty-seven hundredths (0.67 ) f�e�, w��°� o:�° less, in wid�Fi in andeast a�d west direetion by a length aiong Hender�an Avenue of one � hundred gixty-three (163) �eet more or less. 0� the p roperty now actually occupied there will remain a pa rcel ; six (6 ) feet in width in as east and west direction by a len�;ht atong He�derson Avenue o� one Hundred sixty-three (1�3) �eet, more or less. Saicl remaining parcel is snown on the aecompanying p��t as Pareel ; No.8. PROPERTY OWNED BY BERT�iA VOGT, OF AND IN THE COUNTY OF GAPE GIRARDEAII AND STA�'E 0�' MTSSOURI, DESCRIBED AS FOI,LOWS: a A strip of iand to be candemnes off tne west sicie of tne following described pr�perty; All that part of Suodi�rision No.7 0� Outlot No .10 in t heCi ty of Cap e Girardeau, Missou ri, deseribed as foliows; Begin one hundred sixty three (163) �eet south o� the northwest eorner ot Subdivislon No.7; �heaaee east one nundred forty-four (144) feet to sn a lley 12 feet wide; thenee south wi th said alley, six i,y-�ive (65) �ee t; thence �est one nundred forty �our (1�4) feet; thence north sixty-tive (65y feet to the place o� begin- ning. Said strip is described as follot�s; � Beginning at the northwest corner of the a bove deseribed property; thence run east aiong tne north line o�' said prop�rty, fb rty-four (44) feet to tne new east iine of Hend�son Aven�� as snown on the accompanying p1ati; tnenee soutE� a1ong said ne�,� east iine , sixtiy-five (b5j Yeet to the south line of said p roperty; thenee west along the �axth l�n� oP said property, forty-tour (44) �eet to the wes � 1.ine or sai d property; thenee north alon� the west line of said property, �ixty-five �'eet (ti5) to the place ot` beginning. Said strip is shown on the �ccompanyin� plat as Paroel No.2. There vr i11 remain o�' the original property a pa�°eel of s igty-five r. (65) fee-c in width along Henderson Avenue by a deptt� oY one hundre� �:100) �eet. S�id remaining parcel is shown on �he aac��npanyin� plat as Parcel NO/ ?. PROPERTY OWNED BY EZIZABETH KRUEGER HI�T, OF AND IN THE GOUNTY R' OF CAPE GIRARDEAU AND S TATE OF M�SSOURI, DESCRIBED AS FOLLOI�fS : � � 2 �,�.,,,�.,� ,� , -���.:...T ,,._.� . .., . ..�._ . . - � f' � � � � ► � �e, . . �;rg:a,as ':�ir�. „� . r;�:*s ,u�;��7,� t.� .. �r,.,��r�s,`�_":;�m, �._.�+�:�`�;3�.ia��.a"4 sG�:�<.� ��;���ai`%�..r ;y..�:��2 , "n, w, � A strip of land to be condemned off the west side of the i'�S�lo�i�g described property: A part of Subdivision No. 8 of Outlot No. ZO in tne City o� Cape Girardeau, Missouri, described as follows; Run �'rom the southwest c�rner of Subdivision No. 8 of Outlot No. 10 ss �.aid down on plat oY au tlots of the City of Cape Girardean, one hundred �ifty (150) �'eet no�th �r a beginning corner; Now begin and run east one hundre�. �crrty-fbur (144) feet to an alley� thenae north two hundred fifty (�50) feet; thence weat one hundred �orty-�our (144) �eet; thence sau th two hundred fi �ty (250) . Peet to tne �beginnin� corner. Said strip is described as follows; � Be�inning at the northwest eorner of the above deseribed propertp thenee run east along the no rth line o� s-�.id property, �o r�y-�our (44) �eet to the new east line of Henderson Avenue aa shown on the acaompdnying plat; thenoe soutt� along said new east line, two hundred � �ty (250} �eet to the �outh line o� said proper�y; thenee west along the sou th line o� said property, forty-�our (44) fee� to �he west line of' sai d property thenee north along the wegt line ot sdid property, two hundred fi�'ty ; (250 ) feet to the place o� beginning. S�,id s-trip is shown on tne aecomp- anying plat as Parcel l�o. 3; � There �rill remain of the origi�l propert,y a pareel o� two hundred fi�ty (Z50) feet in width along Henderson Avenue by a depth o� one hun- dred (100} feet. Sa:id remaining parcel is shoa�n on the aacomp�nying plat as Farcel No. 6. PROPERTY '.:�WNED BY SELMA HIRSCH, OF A,�D IN TFiE COUNTY OF CAPE ; � GIRARDEAU A1VD STATE OF MISSOURI , DESCRIBED AS FOZL097S: a_ � � strip o� land to be eondemn.ed off the west side oi �t he following deseribed p roperty; All of the south part of Lot No. 75, Subdivision No. 2, Rarige "C� in the City of Cape Girardeau, Missoari, the same bein� �orty-three (43 � feet by one hundred thirty-four anci one nalf (I34-1/2) feet. A1so Lot No. 96, Subdivieion No. I,, Range �C" in the City ot Cap e Girardeau, Misg- ouri one hundred seven and one half (10�1/2) feet by one hundred thiriy four and one hal� (134-1/2} feet. Said strip is described as follows; Beginning at the northwest corner of the a�aove described property; thence run east slong� the north line of said prop�rty, ��rty-Your (44) �eet to the new east line e� Henderson Avenue as shown on the accompany- ' ing plat; thenee aouth along s��.d new east line, c}ne hundred fi �ty and five tenths (150.5 ) feet to the south line o�' said property; ther�ce west glong tne so�th line of said p roperty,forty��onr (44 ) �eet to the ��st line of said property; tnence north along tne west line of said proper�ty�; one atLndred fi�ty and �ive ten�th� (150.5) t�E�X3����t����� , ,� XX� to the place o�' beginning. Satd strip is shown on the aecompanp- ing plat as parcel No. 4. There will remain of the original prope rty a pareel one hundred fifty and five tenths (150.5 ) feet in width along Henderson ATr=nue b;� a depth (aocordin� to the Deed) oi ninety and five tenths (90,5 ) feet. gctually, the depth o� the remaining parcel fror� the ne�:�= east i�.ne o� Henderson Avenue to the line ot� tihe twelve-foot al ley between Henderson Ave�ue and Hanover street will be one hundred (100) �eet. S6�id rem�#n- ing parcel is shown on the accomp�nying plat a9 pareel No . 5. ,�: _ - � ; , , F�� ' ' . , : � ,. — ,:�� .,,; . .��.?��� .. > �. .- .... ,7. �. . ,. , , ; �::,� ;;. �.�c ��.....p^,. �.....n,a+, �m,_F. .�-.w�..� .v.^m•: «.�......-. .n... .. ". � Y 3.� . . . . - . . . ' , . . " �' . . .. �. . . . .. .. aT� �� � � r � �t � - ..�,- � :f �. -7+Lx�F'�'r'��'-'?�'. 5. ,..... .., ..,. �.,,. .,...,�r.:`5.:#Y�� .r �`;_. . � , `�'+�c";+'�Yer.: .. .�. �'. �.-3„ - . 4f�.� �:a�5.�.� u:�eni w.1++.a.i."�k.�.'c��. :'3 ;7 �1 SECTION' 3. That all �riv�te property�{exciu��ve of public streets, al�.eys and publiG �,rc�Fertywhich is own�d bythe munic'�pality and sucr Frc�}eruy �s is taken and c�r�.e�n�d and taken h�reir), embraced vrithin the follow- izig described lir�e� or limits, in tY�eCity of Oap� Girarc�eau, hiissoi�.ri, to-:;i�s Beginn3ng at the corr�er of Painter Avenue and Pferriwether Stre�� thenc� rur. east ar. and alon� �he nort�; 1in.e of l��erriwether Street to the corr:er �f A�err�rc�ether ar;d Harover Streets;:kna thence nor�h on and alor_g the �rest line of �:�anaver ;treet to Themis StreEt; then�v west on '�l��r.iis :�tre:;� t� �r�� mi 1�;�; thc�naQ ncrth in ar.d along the alley tc F:�rmc�ny Stre�;t; thena� continue north up sa�d aa_ley to its intarsEction with arz all�y exter_dir�g ira a northwesterly direction f'rom this point, �cr�ci fc�Ilow �rzm�c to Hc�ndersarl Avenue; th��;ce�rc�st or� arid alor:g the r�r�rth Iirie of the J. Will Fieres praperty(beir�� parce1=�75) to F�irzt�r �v�nu�• thenus south on and along the east Iine of said Pa,inter Avenue to � N�rriwether Stre�et tYze placE of be�inring; comprising the several parcels of land represented on �he blue print filed herexitr and ma�.e a part of this descript�an as parcels #!S to #91, both ina�L«iv�r; the same id deemed ancl hereby deci�x°ecl to be bene.fitted by the establishing�iopenir�g, x widening and �xtendi.n� of Hender�on Avenue, �s i� set out in Sectiorx �,, abo�►�, and said land embrAoed within thE li.mits and bounded and desari.�ed in this sectian is hereby declared the Benefit Distri�'�., and the several lots, blocks, tracts and parcels of private pro�erty corz�ainEd within the afore��ic1 limits af said Benefit District (save such as is excvpted), sY:.all be severally assessed xith benefifi�s to pay for the proper'Ly taken and a�nd�mned and judgment sha12 �e rendered thereon accarding to law against the property in said Benefit District above described. Such assessments of benefits shall be against the tracts and parc�ls o : of Iaxld in said Benefit District ar�d be paid by the parties a�ainst whose `' propErty the same �,ay be assesse�, with R°� inter�st per ariri�:�n from trie dats ? the assess�ez�t �iecomes due on the amount of the assessment, within fifteen days aPter the verc�.ict of the comrrissioners or a �ur�� �hal� be confi rr.�er� or• judgm�rit :�Y�sll r.a�rc� t�een r�;rjd�r�c3 th�re5ar� �,Yi�� t�e Cit� riave �nd ho?.cl the praperty .,o to be takeri ard that t�ie City recover the res��ctive amounts a�sessed a�sinst privats preperty in the above describ�d Benefit distr�ict in tr�e II�anner Frovided by law and the benefits so assessed as afore ; said sha11 be a fi�st and priar lien uporl the propErty a�a�nst whfcY: tt°e � benefit is assessed. It shall �e t,he duty of each and evEry person o�xr�ing property in the Benefit Distriut to pay the amour�t assessed against his praperty ta the City Clerk wfthin fiftEen days aft�r the assessment '�ecomes due an8 payable, and the City Clerk shall give notice of the time when the assess- u�ent becames due and payable by publication of two ins�r�fans .in the news-F�,�er aoin� the City prir�tir_�, and published in the City. If the address of any non-resident be kr.ovvri or furnisr,ed to the Gity C1erk, it shall be his duty to notif� such persen. by mail af the m��axic amount of ; his assessmerzt, rri.en due, and that if rot paid, a special executior a vri11 be issued and levy �:ade on tr.e lat, piece or paroel of �round charged with the assessment. The failure ta �ive the above notice shall � nat inva3.iaate any assessment, or tax bill, but is to be given si�ply for the coravenience of the person who owes the assessment. SECTIOId 4. PENALTY .iOR FAIZURE �R 1VEGZECT TU PAY �SSESSMENT. I� any person ��c owing any assessment $hali fail or neglee� to pay the same to the City Clerk or the legal holder oi' any of' the tax bills when due and payable, as required herein, said assessment shal"1 be sub�ect to a penalty of l� per month on the amount o� the assessment for the non-payment in addition to the 8� interest per annum. The amoun�t oY assessment and Lne penalty of l�, per month on un- " paid assessments and intieresc snall be eolZected by su��c. I� the assessmenti and pena�t�r o� 1% per month on unpaid asses�- ments shall not have been paid. and� ca�e su� i, is br�ught for t he coll- ection or tne unpaid tax bill or assessmant with tne interest a�nd pena� �ie�, �there shall be taxed and colieeted as cos�ts an attorney�s fee of' five dollars in each suit; wnicn �'ee snall b � i;axed and be paid to �tne a��orney bringing sui�t. ��� �, . ...A m__-<:�-�-, � �..�.,._.,. , .. .. �. .v.�..-- �� � : _ .. . � _ . , � -: ..:: �� .. �,, � . � _ ... .k..,,. .: :;;� � �` ' "'� ,^ +L . F �hirty days after the assessments become due arrd �he verdiat of the commissioners or a �ury s�all ue conYirmed and judgement � ahall be rendered thereon, such �udgerr►�mt may, ii' �he City t}ouncil of the City af Ct�pe Girardeau, r�lssouri, choose, �co enfor�,eed by speeial egecution against tne 1ot, tract or parcel o� lana charged wu th the lein the�eof, even tihougri tax oills snal� have been issued there�or and ir s�id tax bills are in tae nands of cne �ity Clerk. �he pro- , eeeding under speeial exeemtion shall, as �ar as pratieable, conform to tn� proceedings under special exeeution and ordin�ry judgmemts forec.losing l:�ens on land. SECTION 5. All as�sessmen�ts witn interest arTd penalty snall be paid to �cne Gi ty Clerk, and ae kep�t in a speeial �und z'or t ne paym�nt ;: o� damages sustained. S�C�i+luN 6. In ease oi` judgment in any court be awarded �o a�g ' owne� ��or proper�y tagen or damagea snail be raised by a �ury, tihe city may, ii' �cne counci1 so �rders, pay sucn addi�;iunal am�,unt out of any available �unds for inat parpose� and in esae damages allo�►ed a�y owner sh�,"11 oe lowered, such deduc�ions sha11 rec�uce �ne amount o� benef3,�a asses�ed �gains�c the p roper�ty in the Di�trict above de�ined pro-rata; ' a�d i�' the Ci�y fails to collect any assessments, in �iaole or in part i� may psy the amount not so colleeted out o� the City Treasury. SECTIQN 7. The City may issue tax bil�s or certi�icatea trans- °" ferring to the holder tnereoP the benefit� or parts thereo�, whieh bills shall be issued to �the City of Cape Girardea�r,,and sell the same for not le�s th�,n par, tne p roceeds being applied to the use of pay- ing damage� assessed to any property by reason of tt�e establishing, opening, �iclening and extenaing of Henderson Avenue from Independende street to �hemis Street as t�erein provided, and the City shall or_�y be liable �o t;t�e holder thereof �or the proper ap�lication oi �t�e funds eollected on t�e bills. The tax bills herein provided �or shall be delivered to t�ne � City Clerk and he shall be eharged with the amount thereo�, ac�d the owner o±' the property deseribed in the tax bi11s may apply to the Clerk and pay the same. Whereupon the said bill shallbe cancelled and ' delivered to the owner of the property; but i1' SBiC� b�11S shall be paid by any person desiring the assic.nment of said bill to the person paying it, the Clerk shall assign the same to such person by writing thereon the foliowing �vords. r'I, City Clerk o� the �' Ci y o ape rar ea�, Missouri, far v�lue received, hereby �ssign the with- in tag bi11 to this day af . City of Cape Girardeau, By y ler : I� said tax bilis are not paid by tne owner or awners o�' the property against nv hich the benefits are assessed, the City Clerk shall, by advertisement offer them for saie, �irs� giving ten day�c* notice of the time, terms and place o� sa1e, and they may be ofYered flor sal. e �` within thirty days after delivery to �he Clerk and be sold at the ��- east �ront door o� the Court House o�� tne Cape Girardeau Cau rt of Common �Pleas in Cape Girardesu, Missou ri, for eash, bu� the owner of the property sn�.11 have the privilege o� buying in the said tax bills at sueh sale at par �rith in�erest and penalty, if any, and i�' sold to any o ther persons they shall be assigned to them as herein provided �or ax�d no bills shall be sold b� tne Clerk to any person but the owner of the ������ty deseribed in zhe bili 1�nti1 they ha?�e baen �irst of'�ered a,t � :�,,,.. ;,�;� _, __. _ . _ . � . . : ., - � � � � ����� . ,, '� � r � �` � � , .: ,�,'�'f�"SYi!'�t,.�.��.� ,:e ...,. "�k' ."�a;�.Na.".a°yi�i-�., -;^W � ,� , , ' � ... �.�"�.4sri"',� '�rt.•'„�; ��r���'v,;-'� �.'2�' .: �?�;.� _ .,..•rz�.:... „ . �a�. �:.: ,..,., .�'- _ �..,�::a.�v "�`n�.:�'.�' �'�-.�:�._�� . -�-�., ..,�:�>. w.v,�'�. -% � � sale as herein provided for, after w hiei� they may be sold at private sale far not iess than par ancl tne intere�t, and A11 tax bilis issued under the Penalty dt�e therean. be signed by the Msyor and attes�ed byrthe�City��ierk~witnithe�s a�all of the City� e 1 SECTION 8. The tax bil.ls issued under tne provisions o� ti�hi� °rdinanoe ehall be �ubsta�tially in the following �orm; TAx BI�I, �'OR COZL�CTIQl6 OI�' BEI4T�'FITS IhT THE �dAT'�F� pF ESTABI,ISHING, OPENING, WIDEIdING �t AND E�TEPdDI1VG 0�' HENDERSON AVENUE F?O�VI THE �TORTH LINE OF INDEP�,'NDENCE STREET TO THE SOUTH LIPTE 0�' THEMIS S�REET g DIS TANCE OF APPROXI?VIATEZY 640 FEET, IN THE CIT� OF :.; CAPE GIRARDEAU, MISSOURI, " � �p. � This tax bill is issued by the City �auneil of the ' City o� Cape Girardeau, Missouri, on the da o� under and by virtue of Commission Form Ord�nance �0 19 �' �he amnunt of benefite as as�ertained and assessed by'—"'i- 'ne Commissi nerg � hereinai'ore ap�ointed by the Honoralbe � oourt Ga e Girardeau Count Judge of the filed�in phe ' y� �ig�our , as appears �rom the repor ; Court on tne day o� �y � �d � whicn report o t e commissioners wesTulyapproved�'y"� s�d �. Cour t on the day o� ly and a �udgment lien wa� ac- quired in fa�ror o t e City`o��ape �i��ardesu and against the real estate herein after mentioned to pay damaged by reason o� tu�:_he es- tabiishing, opening, widening ana extending ot' Henaerson Avenue from the nor�h line o� Independenee street to tne south line vf Themis street m, distanee oP approximately 640 feet, in the City o� Gape Gir- ardesu, Missouri, as �ollows to-wit; That the amount �'or which tne tax �a�ill i� issued is � �nd is payable fifteen days after the date of ,�t;ssuanee of' tnis tax � bill and bears interest at the rate 8� per annum fram date until pa�d and i� payable to tne City o� Cape Girardeau, Missouri, or its assigns and is a �irst lien against tne said property untii p�id. I� �[�i s tax bill is not paid within �ifteen days a�'�er the date thereof, a penalty of 1� per month on the amoun�C of the assessmen�t or the amount o� thi� � tax bill shall be added to the face value oi this tiax bill, �„ If this tax bill, interest and penalty, i� any, shall not have �� been paid, and in case suit is brought for the coliection o� thi� tag bill with interest and penalties, there shall be taxe� r�nd �ollected in addition, as eo$ts an a ttorneyts fee o� five �oliars in eaeh suit which Pee shall be paid �o the a�torney bringing suit, }! Issued at �he City of Cap e Girardeau, Missouri this day o� lg _ . . � � or. " � k � Attest; � � � y er . �• �; �" SECTION 9. The Cit Counsellor is hereby directed to p repare the application and petiti n on the par� o�' the city o�' Cape Girardeau, �r�the same to tne Cape Girardeau Court af Common Pleas or tN�e �b �� ..,.._ ,,,m .�___..- -� .., . �.....�..q. .. ,,.. _ � � � � � � � �` ' , .+ Judge thereof in vae«tion, or to the Cireut Court o�' t tie aau nt� of Cape Girardeau, or the Judge ���reof in vacatinn, which p�tition shall set forth the use for which trie lands gre taken; the names oz° cne S owners of the several lots or parcels o� :Land, i�' known, and it' unknown ' a corract desoription or the parcels wtiose owner is unknawn, and pray- ing the appointment of three disinteres�;ed Commissioners, f'ree-holdera � of progerty in the County o� Cape Girardesu, il�i.ssouri, to assess t�e d&mages which the owners may severally sustain by reason or tne taking of suen real estate by tne City of Cape Girardeau, and �o assess �he property benefitted by the es�canlisning, open�ng, widening and extenc�,�l ing ot' Hender��.on Avenue �rom the north line n-� Independenee to tne south iine ot Themis street, to pay Lhere�or, dnd fiie with the pe�iti on a certified eopy of this ordinanee, and to which petition the known ovrners a�.' such lo�cs or parcels of land dama�ed by tne establishing, opening, widening and exten�ing o� Fienderson Avenue snall be made parties de�endant. ;;i SECTION 10. Upon the �'iling of the report of the Commissioners with the Clerk of the Court by whieh they are ap�ninted and we�en said report has been approved by tne Court, a �ertified copy of such report sha11 be seeured by the City Clerk from tne Clerk of' said Caz rt, �or the use o� the Council, and �;ne Council snall th��,eupon consider t he same, and in ciue time order warrants to be issued to the persons entitled to the damage� assessed, i� aay, or a warrant to tne Clerk of the Court �or such persons or shall foliow suoh proceedings as �cae Council shail determine, anct if it determines tio pay the dam�►ges a� assessed., it shall, by ordinance, assess tne amounts to tne re�l es- tate as charged with tne benefits in the r�port ot the Commissiuner$ i or assessed oy a jury in a triai in tr�e Court, � �` �; SECTION 11. Any and all tag bills issa�ed �or the purpose and ° under the provisiuns o� this Ordinanee, snall, in the nands di the o�ners or those to whom it is assi�ned, be prima �aeie evidence o� a 11 � rec��ais tinerein. SECTION 12. None o� tine tax b111S wnen o��ered for saLe as ' pro�rided tor under Seet��n 7 ot' tnis Ordinance sna11 be sold �'ar 1e ss � tnan par �t either pubiic sale or priva�e sale without tne consent of ' the Couneii or expressed by resolution, and i� a�c such sal.e amy offers are reeeived for less than par o� che face oY the bills, �he City Clerk shall report suoh o�fer to tne Couneil �'or i ts action thereon and the Cou:�cil shall either aparove the sale and order tnem delivered to the purch�ser or order tnem held ana colleated. SECTION 13. The City Engineer is her�ay aireeted to make �d deiiver to �he Mayor or the Cit�r Couneil, a blue grint o� plat and ; a�so written co rrect desc�•iption or che several lots and pa rcels of � private propert�r witt�in the dis crict deemed bene�itted and. to be ' �� assessed to pay c�npensation as provided in this ordinance �nd sli of ' tne private property to b tr�ken an� condemneci, cc,ntaining the names � o� the owners �nd claimants ot` such lots or p�reels o� propert� and the names of aJ.l owners oY` any interest therein or cl�zima� ts or� such in�eres i, or e� �ate a� �he time ot' �he p�ss�ge ot� thi� ordinanee. �LCTION 14. This Ordinance snail ta�ke e�'tect �rom anci a�ter its p�ssage sncl approv�l. -, ���CTION 15, �11 prdir�az�ce� or• �,���ts o� Ordinanees i� confliot _ with thi� -o�dinanee are hereb4r r��ealed. s - Passed af�d approved thi:s�c}ay o� �Tune, 192p. s !/��"`�L./ �ttest; a�or. � ' �Ey"Z'1 e rT;—`�"