Today's Feature Elk Street Drainage Improvement
Approved.
The Elk Street drainage and
street improvement project was approved by the
Carthage City Council during Tuesday evening's
meeting.
In a 9 - 0 vote (with Council
Member Art Dunaway and Mayor Kenneth Johnson
absent) the Council voted to allow the City to
enter into contract with Southard Construction
for $92,323.
(See the Thursday, January 7th
issue of the Mornin' Mail for more details.)
The project was originally
budgeted at $35,000. Council Member Jackie Boyer
said the project increased in cost as the scope
widened. She said the increase is necessary
because it is "more economical to do all of
the phases of the project at this time."
Council Member Charlie Bastin
questioned the need for this expense and the
problem with it being over budgeting.
"I think the budget
supersedes a lot of the things that we are able
to do," said Bastin.
Council Member Tricia Brewer
explained this was a necessary expense for the
city.
"Charlie, if we don't pass
this bill, Mrs. (Lucille) Culley's house might
not be here with the next storm," said
Brewer.
"Lucille Culley's house
has literally almost floated away during the last
five years," Brewer explained to the Mornin'
Mail. "She has had a boat in her yard, she
has had water up to the top of her basement. Not
just a foot deep, but almost to the bottom of her
house, it has been really severe."
Brewer said the water drainage
problem was not limited to Culley's property. It
also affected Lester McCall's property and
several businesses in this area, including the
Faith Lutheran Church, Mercantile Bank, and Tony
William's State Farm Agency.
Brewer says that Mercantile
Bank and Faith Lutheran Church are providing the
City with financial assistance for above the
budget costs.
"This is a very
significant accomplishment for the City
Council," Brewer said. "I only wish
Lester McCall was here to see the vote."
Brewer explained that McCall died within the past
two months.
In other business, Council
members approved in a 8-1 vote to approve Council
Bill 99-01 which authorizes Mayor Johnson to
execute a contract between the City and American
Commercial Property. This is for the purchase of
9.3 acres of land for $850,000 in the Myers Park
Subdivision Development.
According to the terms of the
contract, an earnest money deposit of $5,000 is
due with the approval of the contract. Americom
now has 120 days to inspect the property, with
the closing occurring within 15 days at the end
of the inspection period.
Americom can extend the closing
date for three additional 30 day periods by
making a nonrefundable $10,000 deposit for each
extension. The balance of the purchase price
would be due upon closing.
Bastin raised objections to the
City entering into this land contract.
"I've been really
struggling with this issue," explained
Bastin. "First of all, it is a matter of
conscience, I guess mine works overtime, but I
can't get around clause number 10 in the
contract."
Paragraph number 10 states:
"Risk Of Loss: The property shall be held at
risk of Seller until legal title has passed and
possession has been given to Buyer."
"I can't help but think of
a scenario, in which case, the litigants to the
airport lawsuit should be successful, then the
city could be conceivably sued if we can't
deliver the property, or if the proper title
can't be delivered to the buyer.
"So as a matter of
conscious, I'd like to vote yes, but I think I'll
have to vote no."
Bastin also reminded Council
Members that Edna Myers' original bequest to
Carthage stipulated that the land be used for
either a park or an airport.
"Out of respect, and honor
and tribute, I think we still owe that to Mrs.
Edna Myers," said Bastin. "Maybe this
is old fashioned, and this was 60 or 70 years
ago, but I'm going to have to hold up to those
principles and vote no."
City Attorney David Mouton
informed Bastin that the wording found in
Paragraph 10, in his opinion is in regards a risk
of loss of the buildings on the property before
final purchase is completed due to natural
disasters.
Council Member Donna Harlan
said that while she agreed with Bastin, the City
is moving forward to secure purchase of land for
a new airport.
City Administrator Tom Short,
reported that initial property surveys for the
airport land acquisition has been completed by
Tri-State Engineering, and that a search is
currently underway for an appraiser.
The City is working on the land
acquisition project in conjunction with Bucher,
Willis and Ratliff Corporation out of Kansas
City, Missouri.
Property Transactions
Robert H. Knell, Jr. and Kathy
J. Knell, husband and wife sold the property
commonly known as: 1112 Hawthorne, Carthage, MO
64836 to Michael D. Stone and Lari L. Stone,
husband and wife.
The transaction was handled by
Carolyn Cole with Donal M. Myers Realty and Linda
Baily with Realty Executives.
Jesse T. Jeffries and Vera Mae
Jeffries, Co-Trustees of the Jesse and Vera
Jeffries Family Trust UTA June 14, 1994 sold the
property commonly known as 9628 Geranium Rd.,
Carthage, MO 64836 to Robin L. Darrow and Lynne
M. Darrow, husband and wife.
The transaction was handled by
Pete Randall with Donal M. Myers Realty and Kent
Neil with Re/Max Carthage.
Don LeRoy Bowen sold the
property at 215 West 9th, Carthage, MO 64836 to
Mitch L. Tusinger, Jack L. Tusinger, and
Charolett Tusinger.
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