HomeMy WebLinkAboutORD.2933.09-04-2001BILL NO. 2001-175
ORDINANCE NO. 9
AN ORDINANCE LEVYING A SPECIAL ASSESSMENT FOR
KENT DRIVE FROM THE EXISTING PAVEMENT IN
WOODLAND HILLS SUBDIVISION TO LEXINGTON
AVENUE, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI, AND AUTHORIZING THE ISSUANCE OF
SPECIAL TAX BILLS THEREFOR
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
ARTICLE 1. That the work of repairing and resurfacing Kent
Drive (a/k/a Kent Street) from the existing pavement in Woodland
Hills Subdivision to Lexington Avenue, with six (6) inches of
Portland Cement concrete, thirty (30) feet wide with upright curbs
and gutters, all as shown on the plans and specifications for said
improvement, in the City of Cape Girardeau, Missouri, authorized by
Ordinance No. 2550 entitled, "AN ORDINANCE REAFFIRMING THE ACTION
OF THE CITY COUNCIL DECLARING IT NECESSARY TO IMPROVE, PROVIDING
FOR THE IMPROVEMENT, DIRECTING THE CITY MANAGER TO ENTER INTO A
CONTRACT TO DO THE WORK, AND PROVIDING FOR THE MANNER OF PAYMENT OF
THE WORK, OF KENT STREET, FROM THE TERMINATION OF EXISTING PAVEMENT
IN WOODLAND HILLS SUBDIVISION TO LEXINGTON AVENUE, APPROXIMATELY
450 FEET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI", is hereby
approved and accepted.
ARTICLE 2. That there be and there hereby is levied a
special assessment against the lots and tracts of land fronting and
abutting on Kent Drive (a/k/a Kent Street) from the existing
pavement in Woodland Hills Subdivision to Lexington Avenue, to pay
the cost of repairing and resurfacing said Kent Drive (a/k/a Kent
Street) the distance improved and assessed as follows:
Randol Farms
Lot 2 of Woodland Place Ninth
Per
$ 46,000.00
Development, Inc.
Subd. in the City of Cape
AGREEMENT TO
P. David Gerlach,
Girardeau, MO as recorded in
GRANT
Pres.
Plat Book 17, Page 9 in the
EASEMENT
2004 Cape LaCroix Rd
land records of Cape Girardeau
KENT DRIVE
Cape Girardeau, MO
County, Missouri.
EXTENSION
15-619-00-17-004
PROJECT
dated June
13, 1997
ARTICLE 3. These Special Tax Bills bear interest at a rate
of four and nine hundred thirteen one thousandths per cent
(4.913%), per annum, and shall become due and payable sixty (60)
days after the date of issue thereof, unless a proper request for
installment payments is filed with the City Clerk within that sixty
(60) day period. Every Special Tax Bill shall be a lien against the
lot or tract or parcel of land described in said Special Tax Bill
for a period of ten (10) years after date of issue, unless sooner
paid, except in the case of Special Tax Bills payable in
installments, the lien of which shall not expire until one (1) year
after the date of maturity of the last annual installment, and
except in any case where it becomes necessary to bring suit to
enforce the lien of any Special Tax Bill, the lien of which shall
continue until the expiration of the litigation.
All Special Tax Bills payable in installments shall be due and
payable in ten (10) annual installments. One tenth (1/10th) of the
amount assessed in these Special Tax Bills shall be payable in the
first year after the date of issuance, plus interest at a rate of
four and nine hundred thirteen one thousandths per cent (4.913%),
payable annually, on the outstanding balance of the tax bill and
one tenth (1/10th) of the tax bill plus interest as specified above
shall be payable on each successive anniversary thereof for nine
(9) years thereafter. If any installment including principal and
interest, is not paid when due, then all of the remaining
installments shall, at the option of the holder of these tax bills,
become immediately due and payable, provided that the owner of the
property shall have the privilege of paying the whole of any tax
bill in full at any time, or on any annual installment payment date
or of paying in full one (1) or more of the remaining installments
not of maturity date. In all actions to enforce any Special Tax
Bill, the Court shall fix and allow a reasonable Attorney fee, not
to exceed ten (10) percent of the amount of said tax bill, to the
plaintiff's attorney for his services in the prosecution of said
action, and shall tax the same as costs in the proceeding.
ARTICLE 4. The Final Report of the City Engineer is attached
hereto, and all the information contained therein is hereby
approved and incorporated herein by reference.
ARTICLE 5. The City Clerk hereby is authorized to make out
and issue tax bills against the lots and tracts of land herein
described for the amounts assessed against them in evidence of such
assessment and payable to the City of Cape Girardeau, Missouri.
The said tax bills shall be signed by the City Clerk under the
corporate seal of the City, and duly filed for record in the Office
of the City Clerk.
ARTICLE 6. This ordinance shall be in full force and effect
ten days after its passage and approval.
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PASSED AND APPROVED THIS DAY OF 20_C)�.
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Richard L. Eggimann, Mayor_ Pro Tem
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