HomeMy WebLinkAboutCommForm.394.12-30-1925 � �
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C01�ISSION FOit�� ORDINANCE N0. �39�. ,�,
AN �RDINAI�TCE D�CLA,RING IT ��EC�:SSARY TO �VIII�EN, �XT�ND �ND AZT�R FOUI�TTAIN
STR�,T F�tOIt� TI-� POINT OF I?Q'rERS�CTIOI? OF THE '��'EST LII�� 0�' SAID STREET
`�4rITH THE NORTH LII� 0�� WAS�INGTON AVENUE TO A POINT ON THE V�'EST LIUE QF
FOUi�]T.r�IN STRE�T 108.5 TEEET NOR'rH C3T+' S�Iv INTERS�C1 I�N, ORDE�ING T�''�T
SAl�,� BE '�'�IDEi:ED, EXTL+'NDED AT�7 .�LTERLD BY TAKING A'�7D CO�jD�Y1I�iG A STRIP
OF GROUND OF F OF 2'HE LOT BFI,ONG I T3G T� J. 0. SEABAUGH A 117J ';J IFE , AI3D LOCAT-
ED l-�T T�-L�; iVC?�TH��i,ST C ORI�R OF WASHIt�TGTOTI AVEI�IUE AND FOtTNT�,IN STREET ,
CREAT ING A BENEFIT DISTRICT , PROVIDING TH�T D��G�S FOI� TI�..� T�F�ING OF
� SAID REAZ �STAT� IlE AS�ESSED AGAI��v;T TH�:; R�AL �ST;A,TE LOC�TED I21 SAiD
B.�I�T�FI`.0 I)ISTRICT , �'ROVIDING HO',l SUCH r'�.S�CSS�,"F,+i�1T5 SI-ir:T,L B.: biAZDE AND PAID
Ai�1'D DIRFCTII�G THE CITY COUI�S�LOR TO ,t-��'PLY BY PETITIGN TO THE CAPE' GIR-
A�SEAU COURT OF C41�3�ON PI�AS OR TI� CIRCUIT COURT OF Cti=�E GIRARI�AU
COU27`.�Y, FOF� THE: CONI�ET�N'ATION OF THE REAL ES^1�T� rE�,U]RED FQR THE S�ID
WID��'NII�iG� EXTFl`TDIi�TG Ai�D xLTERI�TG OI+' �T+'OUNT�'kIl� STRI+�.+"I'.
BE IT ORDtiI�D BY TF� COUNCIL OF THE CI^1Y OF CAPE GIR,'�R7�E�U, �:ISSOUF?I,
AS FOLLO�?5:
SECTICN l. The City Council hereby aeclares that a public neces-
sity exists for widening , extending and altering Fountain Street in ,
the City of C�pe Girardeau, �uissouri , from the point of intersection
of the west line of I{ount�,in Street and the North line of ti�asY�in�ton
Avenue to a point on the west line of Fount�in Street 108.5 feet ��orth
of said intersection , �o as to provi�,e an adequate az�d safe means f or
travel over Founta.in Street and ���lashin�ton Avenue at and ne�,r the inter-
section of said streets. The necessity for said widening, extendir.g
and alterin� of said street at the place designated is , in the opinion
of the Council, ur�ent and presaing and has been �rought about both by
the increased vehicle traffic and by the constaYjtly iracreasir� use of
said street by schooi children passing te and from school, a11 of v�hich
has been occaaioned by tr..e rapid gro�th and developraent of the City.
UECTION 2. It is hereby ordered that Fountain Street between the
point of the intersection of the west line thereof with the north line
of tidashington Avenue, and a point on the west line of Fountain Street
108.5 feet 3�?orth of said intersection, be vaidened, extended and alter-
ed by taking and conde�ning a strip of ground, hereinafter more partic-
ularlJ clescribed, off of trie real estate abuttin� on the west side of
that p�:rt of .�ountain Street herein designated, and it is ordered th�,t
such stri� of real estate be condemned and taken for public use, for
street and sidev�alk purposes , as a part of Fount�,in Street, a public
street in the City of Cape Girardea.u, County of Ca:�e Girardeau and
State of �y�is souxi .
• SECT�ON 3. The council f inds and declares tha,t the property
necessary to be acquired for the widening , extendir�g and altering of
�'ountain Street in the manner herein contemplated is the property of '
J. 0. Seabaugh and v�ife and thc�t it is a part of a larger lot or tract :
of land b.elon�ing to said owners and loc�.ted in Outlot 31 0� the City
of Cape :�irardeau, in the County of Cape Girard.ewu and State of �+�Tissouri ,
said la,rger lot or tr�,ct being more particularly described as follo��s :
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Begin at the northvaest corner of rountain Street �
and :`�`ashington t�venue; thence r�orth alon� the tk'i'est
line of Fount�,in Street , 150 feet ; th.ence erest, par- ;
dllel w ith Vlashir�ton �venue , 100 feet ; tnence south
parallel with ��ountain Street 150 feet to the north ;
line of lt�ashington Avenue ; thence east along the �
north line of �'lashington �.venue 100 feet to the place
of beginning.
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S�CiIGZy 4. Ihe �ouncil hereby orders that thex�e be talcen for public '
use as herein ccntemplated fror�l said above described tract of real es- '
tate a su�'iicient stri� of land to v�i.den, extend and alter lountain S�reet !
so �,s to provide adequate passa�eway for the pu�lic i;o safely travel at `•
the intersec�ion of ��Iashington �venue and �'ountain :�tree� and to �rovide
� sidevr�.lk room for pedestrians at said corner, and said strip or parcel
of land herei�y orc��ered to be tal~er_ fror� the lat Iieretofore descri'oed is
particularly described, �.::, fdlloi,rs, �o vait: �
Begin a� the ��oir�t of �ntersection of the �°rest lir�e �
of' =:'ou���ain atreet anci t l�e nor�h line of r+ashir��ton
avenue; t�lence �aest alon� tlie r�ort�! Iine of �,��>.sYiin�;-
� tan �venue 15 feet; thence in a nortl?easterly direc-
tior_ r�lith an ir_ter�.or angle o�' 8� de;�rees 53 r.inutes �
fro�;� t:ae nortl: line of ���.shin��on �venue 109.5 feet
to tiae west lirie of �'oun�air� �treet; ti�ence south
alon€ the �rest line of �ountain atreet 108.5 fest to .�
the po int of b eginning, {
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S:�CiIGi� 5. r� benefit diutrict is here3ay created and established ��ith- �
in �cY�e City of �:a.pe Gir�,rdeau,i��Ii:;s�uri, the boundaries of wYiich are as
follows:
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�ie�in at the northw�st corner of �n.e intersection of
y'aiantair, �treet and u�r;a.shiYsgtor7. :��enue; thenc� ti�est
alon�; the norti� line of :+:ashington Avenue 100 feet;
tl�ence ��orth p�,rallel �riti� i'ountain atreet 162 feet
to the north line of the all�y run,:ing Last and :'Tes�
bet��een al�;,shington �.verzue and i�iill �treet , thence
vre�t alon� t�ie nortl� line af s�,id alley �o the �outh-
east corner of Lo1: 13 :�op� and apririger's �ubdivision �
of Cu-tlot 31; thence �aorth parallel zrith �oun�air:
�tree� to tile ��o r�r� line of .a'�ill Stre�:t ;t��ienc e ',dest
alon�� t�ie I�?orth lire of ��ill �tree� to the ��,st line
�: o� �,n alley running ilorth and aou�h bettFreen I�:iddle
� St-reet and �'oLintdin �treet; thence north a1on� the �ast
lirle cf s�,id a.11ey to �he sout�i lirle of Ulive Stree�;
thence =�,st alor�� the soutii line of Glive Jtreet to the
�lest line of the alley 'uetvTeen ��'ount�.in �treei and Lor-
iruier �treet; thence �outh alon� �he ti°;Te�=t lir�e of said
�,lley to the nortl� liile of i,he City Ceraet�ry;thence
sovthea�::t�,rardly along the nortYl bound�.ry of the �ity
, �ei��etery to f;�ie �:orthwest corner af said City �er�:etery;
thence south along tn.e t�rest lirle of the City Cen���ery
to the north lir�e of ����.sr�ingtan Avenue produced;thence
vrest along the norti� line of :i�,s'r�ington ti�venue -Uroduced
to the ��oint of beginnirag.
� S�CrI���i1' 6. The lots tracts or - arcels of r
, p eal estate cor�stitv�in�
�11 the _irivdte � ro�erty in said above describe� dis�rict uhall be sev-
er�_11.y assessed witra �aenefits to �ay for the orc��erty ta�.en and conderin-
ed, sriould t���e city be reciuired to �ay an;rthin�; for the tal�ir,g of sai d
� pro���rty above the �enefits derived by same for such taki��g, and �,t'nen
� so a;�sessed, i,he otimei�s of said �arop erty sha.11 pay the assessments thus
levied and rn�.de ti�vith 8;� interest per annum on the ariiount o�' the assess-
rrr�n� fror_•i the date tne sar.ie becoi,�es due, a.nd it is here'ay ordered ��Zat
said a�se�sr�7ents shal� �ecora.e due fifteen days �,f't�;r the re��ort of the
corri��issioners or the verdict of a jury shall be confirmec� by a jud�rnent
oi t'r�e court rencie-red tnei�eof and providin�; tha� t�ie city riave wriu izold
�;Yie yoroperzy so taken and that t'rie city recover the respective amounts
as:�e�sEd again�t said priv�,te prap er�y ir. the a�ove descri'Qed benefi'c dis-
tric-L ir� the n�.nrie�• provided by la�;r. It is furtner ordered tY�at the ben-
efits so assessed against s�id privwte ;_�roperty shd.11 be a first and prior
lien u�on the prope�•�y a�air.st whicn such benefit� are :ssessed.
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SECTION 7. The City Cler�c is hereby ordered and directed to give
notice of the time when the assessY�ients become due and p_�,yable by pub-
lication of two insertions in the newspaper doino the city printing and
published in the city. If the address of any non-resident be known or
furni�hed to th�: City Clerk, it sk�all be his cluty to notify such person
by mwil of' the amount of nis assesament and when s ame is due and that if
same is not, paid that a special execution will be issued and l�vy made
on th� real e�tate char�ed y�vi th the �issessr�ent . It shall be the duty
of each and every person ownino property in the benef it distri ct a�ainst
which such assess:nents are :nade to pay such assessments, whether such
per sons receive actual not ice th�,t same Y�ave been made or not , �,nd a
failure on the part of the City Clerk to oi�e not3.ce as herein prescribed
sh�.11 nat invalidate any assessment �vhicY� m,::y be �.de ag�zinst any par-
ticular tract of real estate in s�id benc:fit district, but said notice
is hereby ordered �iven for the convenience of th� persona vvho o�,�n the
property ag�.in�t v��Yi ich such assessnient s may b e raade .
SLCTION 8. Unless a11 assessznents made as herein proviaed shall
be paid when same are due and pay�ble, a pen�,lty of 1� per month on the
amount of the assessment sh�l.l be added and collected on account of such
non-pa;�ment and said lf penalty shall be ii� addition to the 8; interest
which such assess�ents eh�-�.11 bear. In case suit is necessary for the
collection of such asse�s=='ients there sh;:ll a.lso be ta,xed and collected
as costs of sucn auit an attorney's fee of �10.t70 for each suit , and �uch
fee shall be taxed a.s a part of the costs in the case and be paid to the
attorney bringing such suit.
��CTION 9. Thirty d�ys after tYie �ssessments becorne due and payable
and after judg�=�ent shall have been rendered confinnin;; such assess�nents ,
the City Council of the City of Cape Girardeau, may, if it so chooses,
inforce said jud�ment '�y special e�ecution issued against the lots,
tracts or parcels of real eat�,te ch�.rged �vith the lien thereof . even
thouoh tax bills m�y have been issued therefor . In such case, the
proceedings shall , as far as practicable , confosm to the proceedings
under apeci�l executions in ordinary judgments foreclosing liens on land.
SECTION 10. All assessments , witn interest and penalties , shall
be paid to the City Clerk and be kept by him in a speci�l fund ior the
payment oi t:ie d�:3mages which m�,y be aw�,rded for tne t�:�ing or dramaging
of the lanci aoove descri�ed.
SEC`.L'ION 11 . In case tne judgi:ient in any court �which has jurisdic-
tion of the matter awards to any o�rner for property taken or d�aged shall
be raised by a jury, the city may, if the council so orders, �ay such
addition�:�l amount out of any available funds for th�.t purpose or abai�don
the proceedings , ar�i in case the damages allo�ed any ov�ner of property
ta.ken shall be lov�ered �y a jury, such deduc ti on shal l reduce tne a�:�ount
of benefit�s assessed agai�st the property in the benefit district aboin
definzd, pro ra,ta, a�nd if thethetarr�ountsnot solcollecteddoutSofethe� City
v�hole or in part, it m�.y PaY
Treasury.
SECTION 12. The Cit� may iasue t�x bills or certi�icates tr�ns-
ferring to the lzolders thereof, the benefits , or paxts thereof, �hich
tax bills shall be iseued to the City of Cape Girardeau, and sell same
for not less th�:�.n par, th� proceeds thereof to be applied only to the
use for wh.ich such benefits were levied, and in sucn case the city �hall
only be li�,ble to the holder theraof f or the proper �,pplication of funds
collected on the bills.
Ihe tax bills herein provided for ehall be delivered to the City
Clerk, �vho shall be ch��.rged with th� �,mount theriof�oa�ct�tClerknto pay
the property described in such tax bi11s m�:�y app y
same. If such ownerg pay such tax bi11s, the Clerk sY�all cancel said tax
bills and deliver s�,me to the o�rner of the property a,gaii�st which the
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s�ne were assessed. In case said t�,x bills sh�,ll be paid by any oth�r
person desiring the assignment of same to the person payin� it, the
Cleris shall assign such 'pi11s to such �erson by writin� thereon the
following v�ords :
"I, , �lerk of the City of
Cape Girardeau, �issouri, fox value rec�ived,
k�.ereb;� assi�n the within bills to ,
C I�Y OF CA°.'� G I�:�.:L.��Il�AU,
BY C �'��L."
If such tax bi11� are not paid by the oRner or owners of the prop-
erty against �hich the benefits are assessea, the City Clerk sh��?1, by
adv�rtiseznent , oifer s;�.me fo�� sale, fir.s� giving 10 ci:�,ys' notice of the
tirne , terms and place of sale and they may be offered for sa,le within
30 days after delivery to tY� clerk a,nd be so ld at the ea,st front door
of the Court �iouse of the Cape Giraxdeau Court of Common Pleas , in Cape
Girardeau, ::ii$souri , for cash, but the ovmer of the property sh�,ll have
the pxivi lege of 'ouyin� in such tax bill.s at such sale at par, wi th in-
terest and penalties , if any, and if same �,re sold to any other person,
such t ax bills shall be assi�ned to such purcY�.sers as herein provided
for , and no bills sha11 be sold by the �lerk to any person but the o�vner
of the property described in the bill until saxne ha,ve been first offered
at �ublic sal� as herein provided, and if same are not sold at such public
sale, they may then be sold at priv�te sale far not less th�.n par and the
interest and �enalties, if any, due thereon at the ti�e of sucn sale .
kll tax bi11s issued under the provi�ions of this ordinance shall be
si;;ned by the m��yor and attested by the City Cler�, ;�ith the seE:�1 of the
C ity.
S�CTIC�N 13. �;11 ta,x bills 3ssued under the �rovisian� of tnis
ordinance sh�,ll be in substa,nti�lly the follo�:ring forin: -
"T�X BI�.I, FOR COI,T�CTIOzt 0�' BEI�FTTS.
Ii�' TH�� ���i;aTT"�'R OF �7ID�NIi�TG � �XTEi1DIi1G ��3D ALTi,_�Ii3G �'OUTd7.':iI�'
STRi��T FRG�i TH� POINT OF Ii�1TL+'��ECTI�Iv OF TI� '.'I1.;S1 I,Ii�+ OF FOUtl-
TAIN ST:R��T '��ITH THE NORTH ZI�; OF �VASHIIJGTOI�T AV:ti�`IUE TO A POIi�T
ON T HG �+�;ST L Ii�+ OF �+'0 Ui1T�Ii3 STI3EET 108.5 F�+CT NOR'rH OF SM ID
INTERSECTIOi� II3 7.'FiE CI^iY Or' CA-�'E GI►�RI�riU, ��dISSOU�I.
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C ity oi' Cape Gir;:�rdeau , I�iis sour3 .
, , 192 .
This Tax �ill is is�ued by the �ity �ouncil of the City of
Cape vir�.rdeau, �issouri , on the day of ,
192 , uncler and by virtue of Commission �'orm Ordinance �30.
and is issued for the p�kymeY�t of benefits as a.scertained by a
judgment for d�rnages for tY3e taking of priv�.te property in a
conciemnati�ln c�.se styl�d City of C�.pe Girardeau, I�iissouri , vs . J.
0. Seabau;h and SeabauQh, his �a,rife, which judg-
ment was entered n t e Court of Ca�e Girar-
de:�u County, ?�Ii�souri , on he day of , 1�2�,
a�d by �:�ahich a judgment lien �vas acquired in f�.vor of th� C ty of
CaPe Giraraeau and against the real esta,te hereinafter described to
pay damages for the taking of private property by reason of widen-
ing, extending and altering ��ountain Street from the point of in� er-
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sect ion of the we at line of said street wi th the north 1 ine
of '�Plashington �venue , to a point on the west line of Foun-
tain Street 108.5 feet north of said int ersect ion, in the
City of Cape Girardeau , 1�issouri , and this tax bill is issued
ag�inst real estate lying �vithin the bef�efit district cre�ted
by said -Commissicbn Forin Ordinance No. in s:z id City
and said real estate against which this tax bill is issued
is described as follo�s:
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The arnount for which t,�.is tax bill is is::�ued is
�;� and sa�.�e is p�yable fifteen days after 'the
date hereof, and same bears interest at the rate of eight
pe:r cent per annum frorn date unt.il paic�, and is pay�ble to
the City of Ca;�e Gir�,rdeau, �issouri, �r its assigns , �.nd
is a first lien �,�ain�t the property above described until
paid. If this tax b i11 is not paid within the fiftsen dWys
after tY� date hereof, a penalty of one per cent per month
on the amount of the assessment ior which this tax bill i�
issued, sha,ll be added to said tax bill.
In ca�e this tax r�ill with interest ;ind pen�.lty , if any,
shall not be pai d when due and in case suit is brought f or
tY�e collection of same there shall be taxed and collected
in additi on to the amount of the tax b ill, with interest
and j�enalties, �.n attori�ey's� fee of ;�10.�0 which sum shall
be �ai d to the attorney brin�ging suit on this bi 11.
Zssued at tn.e City of Cape Girardeau, �::issouri , this
day of , 192 , by order of the City
Council.
CITY OT+' CAa.''�' G?RAi' 'iAU, "'�;`ISSOU.k�I .
. BY
� B�,Y OR. "
S�,CTION 15. The City Counselor is hereby ordered and directed
to prepare the petition and. ap�lication on tY� part of the City of Cape
Girardeau for the takino and condemnation of said above described real
estate, and present the sa�e to tize Cape Girardeau Court of Common Pleas,
or to the Judge thereof in vaca,tion, or the Circuit Court of the County
of CaPe Girardeau, or the Judge thereof in vacation , and in ea id petition
he shall set forth the use for which the lands are pro��osed to be taken,
the narne or names of the ovaners of the several lots or parcels of land ,
if knov�n , a,nd if unknown , a correct description of the parcels vahose
owners are unknov�n, amd said petition shall pray for the apa�oint�nent
of tYiree disinterested freeholders of property in the County of Cape
Girardeau, S�t3issouri, to assess the darnages which the o�9ners may sevex�,lly
sustain by reason of the ta�in� of such real estate '�y the City of Cape
Girardeau, and to assess the property benefited by t}tie widenin�; , sx-
tending and alterirb of that gart of idorth Fountain �treet , above des-
cribed, to pay f or the property taken or da�n�,ged, and the City Counselor
i� further directed to ii.le with said petition a certified co�y of this
oz•dinr�nce, �.nd in said peti ti on he shall :nake the knotihn ov�rner or o�vners
of such lots or pwrcel.s of land tasen or clamaged by said widen ino , ex-
tendin�; at�d alterirk; of ivorth Fountain �treet , p�.rties defendant in
said action.
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SECTION 16. Upon the filing of the report of the Commi�sioners
with the Clerk �f the Court by vvYiich they are appointed and when s�,id
re�ort has been approved by the court, the City rlerk shwll secure from
the Clerl� of said court �, certified copy of such re�ort for the use of
the Council, and the Council sh�,ll, thereupon, as soon as m�.y be, con-
sid�r tne same and order tivarrants to be issued to the persons entitled
to the damages assessed, if any, or shall issue warrants to the Clerk
of the court for such persons, or shall follo� such proceedin�s as the
Gouncil shall deterznine , �.nd if the council dete��nines to pay the d��m-
a�es as �ssessed, it shall , by ordinanc�, assess the amount of such d�,m-
a�es , if any, found to be due either in the report of the commissi oners
or which r.�ay be assessed by a jury in a trial �efore the court to the
real estate to be ch�.rged with the benefits.
SECTIQN 17. �ny and all tax bills issued �or the purpose and
under the provisions of this ordinance, shall, in the ha,nds of the
ov�mers, or in the hands of those to rvhom they may be assi�ned, 3e�
prima facie evidence of all recitals therein.
SECTION 18. I�Sone of the tax b i11s , when offex ed f or sale as
provi ded for here in, shall be so lcl f or les$ than par at e ither publ ic
or private sale , wit,hout the consent of the Council as expressed by
�esolution, ana if at such sale there are offers made for less than par
of tlle face of the bills , t�.e City Clerk shall report such offers to
the Council for its action ther�on and 4he Council shall thereupon
either approve the sa,le of same under such offers and order the tax bills
delivered to the purch��ser, or it shall order th�,t sa:ne be held and col-
lected as otherwise herein provided for.
SECTION 19. The City �ngineer is hereby directed to make and
deliver to th:e �vTayor or City Council, a blue print or plat , of the
property hereby ordered condernned, and the tract of which it is a part,
t��ether wi�th a correct description of the lots and parcels of' private
property within the district deeined benefited and �avhich property shwll ,
under this ordi��.nce, b e assessed t o pay compens�.tion as provi ded here-
in� �n d sa i d blue pr int or p lat sh�:,l 1 shocv the pri v$te prope rty to U e
t��,hen and conde:�ned �..�.nd it sh��ll contain the names of the ovrners and
claimants of such lots or p:�rcels co�demned and the names of �,11 the
owners of dny interest therein , or claiin��nts thereto at the tiine oi the
passage of this ardi:�ance.
SECTION 20. This� ordinan�e shall t�l�e effect and shall be in
force frorn �,nd aft�r its passage.
Passed :�nd approved this 30th. day �cem'aer, 1925. �
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ATTEST : _-^`r�' A�AYOR.
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