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HomeMy WebLinkAboutOrd.909.08-20-1990 ., � . BILL N0. 90-153 ORDINANCE N0. AN ORDINANCE AMENDING SECTION 23A-13 OF THE CITY CODE RELATING TO STREET IMPROVEMENT PROJECTS AND RIGHT OF REMONSTRANCE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI , AS FOLLOWS : ARTICLE 1 . Section 23A-13 of the Code of Ordinances of the City of Cape Girardeau , Missouri , entitled "Street Improvement Projects; Right of Remonstrance" is hereby repealed in its entirety and a new Section 23A-13 entitled "Street Improvement Projects ; Right of Remonstrance" is hereby enacted in lieu thereof , in words and figures , as follows : Sec . 23A-13 . Street Improvement Projects; Right of , Remonstrance , The City Council shall not impose special assessments in excess of fifty per cent ( 500 ) of the total cost of any street improvement project exceeding twelve hundred (1 , 200 ) feet in length where a valid written protest against the improvement has been filed with the City Clerk within ten ( 10) days after the final publication required by Section 88 . 812 RSMo . In order to be valid , the protest must be signed by a majority of the owners of the abutting lands who reside within the city limits of Cape Girardeau who would be liable for the cost of the improvement , and who shall own a majority of the front feet abutting on the street or part of the street proposed to be improved . ARTICLE 2. If any section , subsection , sentence , clause , phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction , such portiom shall be deemed a separate , distinct and independent provision and such holdinq shall not affect the validity of the remaining portions hereof . ARTICLE 3 . It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau , Missouri , and the sectians of this Code may be renumbered to accomplish such intention . ARTICLE 4 . This ordinance shall be in full force and effect ten days after its passage and approval . • j ; . 4 . � PASSED AND APPROVED THIS �Q� DAY OF , 19 9�j . �c , T -" ��__ i , • �, � � _ ' / .� -� �_��/ �� ���/��•1� Francis E. Rhodes , Mayor ATTEST: Juli A. Dale Dep y City Clerk