HomeMy WebLinkAboutOrd.277.11-20-1985 BILL NO. 85-67 ORDINANCE N0. �� ��
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AN ORDINANCE ESTABLISHING A NEW CHAPTER 23A
OF THE CITY CODE PERTAINING TO PUBLIC
IMPROVEMENTS AND SPECIAL ASSESSMENTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI , AS FOLLOWS:
SECTION 1 . A new Chapter 23A of the Code of Ordinances of
the City of Cape Girardeau, Missouri , is hereby enacted to read
as follows :
ARTICLE I . LAND ACQUISITION AND PUBLIC IMPROVEMENTS
Sec . 23A-1 . Acquisition of Property Interests .
The City shall have full power and authority to acquire
interests in real estate for any public use by gift, devise,
purcriase, lease, dedication or the exercise of the power of
eminent domain by condemnation proceedings .
Sec. 23A-2 . Condemnation Procedure.
.�. Except where otherwise provided by law, the City in
exercising the power of eminent domain shall follow the
procedures set forth in the Missouri Supreme Court Rules .
Sec. 23A-3 . Public Improvements .
Except where otherwise provided by law, the construction of
public improvements may be authorized by resolution of the City
Council .
Sec. 23A-4 . Funding Public Improvements .
Public improvements may be funded by any lawful method or
combination of inethods .
Secs . 23A-5-23A-10 . Reserved .
ARTICLE II . SPECIAL ASSESSMENT PROJECTS
Sec . 23A-11 . Governing Law.
The procedure for levying, collecting and enforcing tl�e
payment of special assessments for public improvements or
special tax bills evidencing such assessments shall be governed
by Sections 88 .811 through 88 .861 of the Missouri Revised
Statutes and by the provisions of this Article .
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Sec. 23A-12 . Advancement of City Funds .
The City Council may provide that the costs of any special
assessment project be advanced from City funds and that the
special tax bills issued thereafter be made payable to the City.
Sec. 23A-13 . Street Improvement Projects -- Right of
Remonstrance .
The City Council shall not impose special assessments in
excess of Ten Dollars ( $10 . 00 ) per front foot in 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 of the
Missouri Revised Statutes . In order to be valid, the protest
must be signed by a majority of the resident owners of the
lands that would be liable for the cost of the improvement who
shall own a majority of the front feet owned by residents of
the City abutting on the street or part of the street proposed
to be improved.
Secs . 23A-14-23A-33 . Reserved.
ARTICLE III . VACATING CITY STREETS, ETC.
� Sec . 23A-34 . Power to Vacate .
The City Council may, by ordinance, vacate any city street
or any interest the City has in any real estate after first
holding a public hearing as provided in this Article and after
finding that such vacation is in the public interest .
Sec. 23A-35 . Public Hearing.
The City Council shall schedule a public hearing to
consider vacating a city street or the city 's interest in any
real estate whenever it receives a petition to vacate signed by
each owner of property abutting the street sought to be vacated
or abutting the property in which the city' s interest is sought
to be vacated. The City Council may, on its own motion,
schedule a hearing to consider vacating any city street or the
city's interest in any real estate. At least ten ( 10 ) days
notice of the time and place of such hearing shall be published
in a newspaper of general circulation in the City. Al1
interested parties shall be afforded the opportunity at the
hearing to speak in favor of or in opposition to the proposed
vacation .
SECTION 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 portion shall be deemed a separate, distinct
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and independent provision and such holding shall not affect the
� validity of the remaining portions hereof .
SECTION 3 . This ordinance shall be in full force and
effect ten days after its passage and approval .
PASSED AND APPROVED THIS ���``: DAY OF ���;-���� .�,.�,!�,� , 1985 .
I� �;r 7f��'' / �� �_ ���rr-�'G'`,..,
Howard C. Tooke, Mayor
ATTEST:
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E�e yn G. L Grand
Deputy C��y Clerk
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