BILL NO. 3747 ORDINANCE NO. ________

AN ORDINANCE VACATING A PORTION OF WINCHESTER STREET (QUAIL RUN ESTATES – GRISHAM ENTERPRISES)

WHEREAS, a petition has heretofore been filed by Grisham Enterprises to vacate a portion of Winchester Street. Petitioners state that they are the owners of all property adjacent to said portions of the street to be vacated, that said street is not needed for use as such by the public, and that the property rights of others in the adjacent areas are not affected in the vacating of said portions of the street further described in Exhibit A attached.

WHEREAS, the First National Bank has issued a $10,000 commitment (Exhibit B) to the City of West Plains to hold the City of West Plains harmless and to assure the completion of Winchester Street construction under the old standards similar to adjoining streets; and

WHEREAS, Grisham Enterprises did agree to be responsible for the cost of curb/guttering and surfacing of Winchester Street up to the current standards after adjoining streets are brought up to current standards by the City (Exhibit C); and

WHEREAS, a public hearing was held on December 17, 2001 and notice of said hearing was published in the West Plains Quill on November 30, December 5, December 14; and

WHEREAS, the City Council finds that it would be appropriate to vacate this portion Winchester Street.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST PLAINS, MISSOURI AS FOLLOWS:

Section 1: That the property described in EXHIBIT A is hereby vacated.

Section 2: That the letter of commitment from First National Bank for $10,000 guaranteeing completion of construction of Winchester Street within six months from October 30, 2001 (EXHIBIT B) is hereby made a part of this Ordinance.

Section 3: That Grisham Enterprises shall be responsible for all costs to bring Winchester Street up to the current standards immediately after the City upgrades adjoining streets to current standards (EXHIBIT C).

Section 4: That this Ordinance shall be in full force and effect ten days after its date of passage and approval as provided by law.

PASSED AND APPROVED THIS _____ DAY OF ______________, 2001.

CITY OF WEST PLAINS, MISSOURI

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MAYOR JOE PAUL (J. P.) EVANS

ATTEST:

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CITY CLERK CONNIE SHELTON