[Ord. No. 1366 § 1, 5-18-1987]
The owners or occupants of property shall keep adjacent sidewalks
on public property clean and clear of mud, dirt, snow, ice, filth,
grass and weeds, and all obstructions and dangerous agencies of every
kind and description whatsoever.
[Ord. No. 1366 § 2, 5-18-1987; Ord. No. 2352 § 1, 6-20-2005]
Except as provided below as to public sidewalks in a business district, no person shall place or deposit upon any public sidewalk or any part thereof, within the City, any object or article so as to unreasonably obstruct free and safe passage over the same. However, it shall not be a violation of the provisions of this Section for stores, shops and markets for retail trades and restaurants, cafes and cafeterias in the "B-1" zone district or another business zone district to conduct any activities on public sidewalks in front of their businesses permitted by Subsection (A) of Section 31-25 if all the requirements set forth in that Subsection are complied with for such activities.
[1]
State Law Reference — For similar provisions, see RSMo.
§ 79.410.
Cross Reference — As to permitted activities in business
districts, see § 31-25(A).
[Ord. No. 1366 § 3, 5-18-1987; Ord. No. 1927 § 1, 9-16-1996]
No person shall willfully and unlawfully tear up, destroy, damage, injure or break in any way, any public sidewalk, curbing, street paving, lawn or parking, in or upon or along any public street, avenue, or alley within the City, or cause the same to be done. No person shall remove or cause to be removed an existing public sidewalk without replacing it according to the specifications contained in Section 30-42, unless authorized to do so by the Board of Aldermen, by duly adopted resolution.
[Ord. No. 1366 § 4, 5-18-1987]
It shall be unlawful for any person, firm, or corporation to
deposit upon any street in the City snow from any area off of said
street, except that this prohibition shall not apply to property in
the "B-1" Central Business District where there is a continuous sidewalk
from the front of the building to the curb and street, it shall also
be unlawful for any person to deposit on a public street any snow
removed from a private parking area or from a private driveway, provided,
however, where a street has been bladed and the blade has pushed snow
in front of a private driveway, the owner of the private driveway
shall have the right to remove the snow from in front of his driveway
and to place said snow in the City street adjacent to the curb or
ditch so that his driveway may be opened for use.
[Ord. No. 1366 § 5, 5-18-1987]
All sidewalks hereafter constructed or reconstructed on public
property within the City shall meet the following requirements:
A.
Except as provided below, the sidewalks shall be at least forty-eight
(48) inches in width. An existing sidewalk of thirty-six (36) inches
in width or less may be replaced by one that is thirty-six (36) inches
in width. A new sidewalk which would be a continuation of an existing
sidewalk may be of the same width as the existing sidewalk, provided
it shall not be less than thirty-six (36) inches in width. No sidewalk
shall be reconstructed at a lesser width than originally constructed
except when necessary because of street widening.
B.
In order to enable persons using wheelchairs to travel freely and
without assistance, all curbs hereafter constructed or reconstructed
where the sidewalk meets the street or alley or driveway shall have
a ramp built into it so that the sidewalk and street or alley or driveway
blend to a common level. Such ramp shall be not less than thirty-six
(36) inches wide and shall not have a slope greater than one (1) inch
rise per twelve (12) inches length (eight and three-tenths percent
(8.3%)). Where because of surrounding buildings or other restrictions
it is impossible to conform the slope with this requirement, the ramp
shall contain a slope with as shallow a rise as possible under the
circumstances, not to exceed ten percent (10%). There shall be a gradual
rounding at the bottom of the slope in all ramps. Provided, however,
the Board of Aldermen shall have the authority to permit deviations
from the above specifications in this Subsection where conformance
to such specifications is impractical or physically impossible and
where the method, material and dimension used in lieu thereof does
not create a hazard.
C.
Concrete sidewalks shall be constructed according to plans presented
to the City Administrator or provided directly by the City. The plans
will show line, grade and dimensions in sufficient detail as to be
verifiable by the City Administrator or the City Administrator's
designated representative. Plans shall not be required for minor repairs
or replacement of small sections of existing sidewalk. Unless otherwise
specifically designated, the sidewalks shall have a depth of four
(4) inches except at driveways, where the depth shall be increased
to six (6) inches.
D.
Regarding concrete for sidewalks being built or replaced adjacent
to property where the owner of the property resides, the specifications,
the composition and the installation of the concrete shall be as directed
by the property owner, provided the owner has earlier received approval
of the sidewalk plans as specified in Subsection (C) above and he
complies with depth and width requirements as specified in Subsection
(C) above. The concrete in such cases shall be mixed on the site by
the property owner or by someone under the property owner's personal
supervision. Concrete used in the construction of sidewalks in all
other instances shall meet all the following specifications for composition
and installation:
1.
Sidewalks shall be constructed on a prepared smooth subgrade of at
least six (6) inches thickness and of uniform density, thoroughly
compacted by rolling or tamping.
2.
Forms shall be straight, free of warp, of sufficient strength to
resist springing during construction, and of a height equal to the
full depth of the sidewalk. The forms shall be thoroughly cleaned,
well oiled, securely staked, braced, and held to the required line
and grade before any concrete is deposited.
3.
The concrete shall be deposited between the forms on moistened subgrade
and shall be struck off and compacted to the required thickness. Concrete
may be compacted by internal vibrating equipment, spading, rodding,
or tamping, or as directed by the City Administrator or the City Administrator's
representative.
4.
Dummy joints, spaced approximately at five (5) feet intervals, shall
be provided the full width (and length for wider sidewalks). The joints
may be made by a suitable tooling device, removable strips, or sawing
after the initial set and before shrink cracks appear.
5.
Premolded expansion joint material, one-half (1/2) inch thick, shall
be installed in the sidewalk for its full depth wherever it meets
another sidewalk, driveway, building, curb, lighting standard, fireplug,
or other rigid object, and transversally at a maximum of sixty (60)
feet apart. When the sidewalk fills the space between the curb and
a building or wall, an expansion joint shall be placed between the
sidewalk and the curb and between the sidewalk and the building or
wall.
6.
After the concrete has been brought true to line and grade it shall
be finished to a medium rough finish by use of a stiff broom or other
approved method to produce an even, gritty texture. All edges shall
be rounded with an edging tool.
7.
After the concrete has been finally finished and the free water has
left the surface, the exposed surface shall be sprayed with a transparent
membrane solution (Hunts Process Curing Compound, Cure Crete, or approved
equal). The curing material shall be applied in strict accordance
with the manufacturer's recommendations and as directed by the
City Administrator. If rain falls on the newly coated pavement before
the film has dried sufficiently to resist damage, or if the film is
damaged in any other way, additional curing materials shall be required
to be applied to the affected portions. If hair checking develops
before the membrane can be applied, the concrete shall be initially
cured with wet burlap before the membrane is applied. After the side
forms are removed, the sides shall be sprayed with the curing compound.
8.
The temperature of the concrete shall be between sixty (60) and ninety
(90) degrees Fahrenheit when placed in the forms. Concrete construction
shall be discontinued when the temperature falls below forty (40)
degrees Fahrenheit unless the aggregates or the water are heated to
produce this required temperature. However, the City Administrator
may require that no concrete be poured when, in his opinion, the concrete
might become damaged from freezing due to subsequent falling of the
temperature. The use of an accelerator such as calcium chloride shall
be permitted only with the consent of the City Administrator. When
the concrete is placed during cold weather, there must be means to
protect the concrete. This will be done by applying straw in sufficient
depth to protect the concrete from freezing, or other approved methods.
Such protection shall be continued for at least seven (7) days unless
directed otherwise by the City Administrator. In no case may the concrete
be placed on a frozen subgrade. Concrete injured by frost action shall
be removed and replaced at the installer's expense.
9.
After the concrete has sufficiently set, the forms shall be removed
and the space on each side of the walk shall be backfilled. The earth
shall be compacted and graded in a manner satisfactory to the City
Administrator.
10.
All sidewalks shall be constructed of portland cement concrete, which
shall consist of a mixture of portland cement, fine aggregate, coarse
aggregate, and water combined in the proportion specified below. Admixtures
for the purpose of entraining air, retarding or accelerating the set,
tinting and other purposes may be added as specifically required or
permitted by the City Administrator. Concrete prepared off-site shall
be handled and preserved in its batched proportion during transportation.
Mixing time shall not exceed forty-five (45) minutes and excess water
shall not be added.
11.
All cement shall be Type I or Type I-A portland cement conforming
to ASTM specifications C-150 and C-175. No fly ash is allowed.
12.
Fine aggregate shall consist of clean natural sand of hard, sharp,
durable and uncoated grains. Sand shall be well graded and washed
sand from the Kaw River or equal and shall conform to the following
sieve analysis:
|
Sieve Size
|
Percent Passing
| |
|---|---|---|
|
3/8 inch
|
100
| |
|
No. 4
|
95 — 100
| |
|
No. 20
|
40 — 70
| |
|
No. 50
|
5 — 20
| |
|
No. 100
|
0 — 5
|
|
The amount of deleterious substances in fine aggregate shall
not exceed the following limits:
|
|
Item
|
Maximum % by Weight of Total Sample
| |
|---|---|---|
|
Clay lumps
|
0.25
| |
|
Coal and lignite
|
0.015
| |
|
Material Finer than
| ||
|
No. 200 sieve
|
3.0
| |
|
Other deleterious substances
|
0.10
|
|
All fine aggregate shall be free from injurious amounts of organic
impurities.
|
13.
Coarse aggregate shall consist of either gravel or crushed stone
of sound, durable, and uncoated particles. Gravel shall be washed
clean. If stone is used, the coarse aggregate shall be crushed limestone
producted from the Bethany Falls, or Huntington formations or equal.
Soundness tests shall be furnished if required by the City Administrator.
Aggregate shall be free of all chert. The stone shall be of uniform
quality. The percentage of wear shall not exceed fifty (50) when tested
in accordance with A.A.S.H.O. specification T96-58 (c) (Los Angeles
Abrasion Test). The gradation shall conform to the following limits
based on the Standard Sieve sizes:
|
Sieve Size
|
Percent Passing
| |
|---|---|---|
|
1 1/2 inch
|
100
| |
|
1 inch
|
95 — 100
| |
|
1/2 inch
|
25 — 60
| |
|
No. 4
|
0 — 8
| |
|
No. 10
|
0 — 3
|
|
The percentage of deleterious substances shall not exceed the
following values. The sum of percentage of all deleterious substances,
exclusive of items 5 and 6 shall not exceed six percent (6%):
|
|
Item
|
Percent by Weight of Total Sample
| ||
|---|---|---|---|
|
1.
|
Deleterious rock
|
5
| |
|
2.
|
Shale
|
1
| |
|
3.
|
Chert in limestone
|
1
| |
|
4.
|
Other foreign material
|
0.5
| |
|
5.
|
Material passing No. 200 sieve
|
2
| |
|
6.
|
Thin or elongated pieces
|
5
| |
|
Coarse aggregate must pass soundness test ASTM C88 - 5 cycles
using magnesium sulfate without splitting or losing more than fifteen
(15%) weight. Installer shall arrange and pay for testing if requested
by the City Administrator.
|
15.
The water used for mixing and curing concrete shall be clean and
free from acid, salt, oil, and other organic matter harmful to the
concrete.
16.
Calcium chloride shall conform to A.A.S.H.O. specification M114-57.
Calcium chloride shall be sampled and tested in accordance with A.S.T.M.
specification D345-48, when so required by the City Administrator.
17.
The proportions of the various ingredients for portland cement concrete
shall be: Six (6) sacks of cement to the cubic yard (one sack of cement
equals ninety four (94) pounds). The water content shall not exceed
six (6) U.S. gallons per sack of cement including the surface moisture
in the aggregate.
18.
The City will be notified in advance, so that an inspector may be
on site before and during the time of a pour. Samples shall be furnished
for testing at the owner's expense. Concrete for concrete sidewalks
shall have a slump of two (2) to four (4) inches.
19.
The concrete shall be agitated and mixes until there is a uniform
distribution of the materials and shall be discharged completely before
the mixer is recharged.
20.
In the case of ready-mix concrete, the concrete shall be discharged
within ninety (90) minutes and the time required between start and
completion of discharge shall not exceed one (1) hour. If the length
of time is greater than ninety (90) minutes, the load of concrete
may be rejected by the City. The ready-mix concrete shall be mixed
and delivered in accordance with the requirements set forth in standard
specification for ready-mix concrete A.S.T.M. C-94. Ready-mix concrete
shall be produced by a plant which has been approved by the Missouri
State Highway Department and the City Administrator.
21.
All materials shall be subject to inspection by the City Administrator
or the City Administrator's designated representative at all
times.
[1]
State Law Reference — Board to regulate, see RSMo. § 88.870.
As to wheelchair ramps and deviations, see RSMo. §§ 71.365
and 71.367.
[Ord. No. 1366 § 6, 5-18-1987]
Whenever any driveway is constructed in the City as an entrance
into any lot, building or parcel of ground or across any sidewalk,
that portion of the driveway that crosses or forms a portion of the
sidewalk shall be of cement concrete of a minimum thickness of six
(6) inches after compaction. The slopes of all driveways from the
outer sidewalk line to the curbline shall not exceed one (1) inch
to the foot; across the sidewalk the slope shall be one-fourth (1/4)
inch to the foot; and from the inner sidewalk line to the garage,
carport or parking area, the construction of the driveway shall be
such that no part of an automobile may drag at any point between the
street and the parking area. At the entrance of any driveway into
the street where such street is surfaced or has curb and gutter, the
junction thereof shall be constructed with the driveway sides making
a curb return of not less than a three (3) foot radius and not more
than a ten (10) foot radius or of not less than three (3) foot flare
and not more than ten (10) foot flare. The maximum width of any driveway
at the sidewalk line shall be twenty-five (25) feet. When more entrance
width than twenty-five (25) feet is required, the City Administrator
shall have the authority to allow a greater width upon good cause
shown, provided, that the City Administrator may grant no request
for a wider driveway if such request would result in the driveway
violating any zoning law or other City ordinance. Approved expansion
joint material, either poured or premolded, shall be used as a joint
to separate the driveway concrete from the sidewalk. Likewise, whenever
any sidewalk is constructed from a house, building or other portion
of a property owner's premises, outward toward the street, approved
expansion joint material, either poured or premolded, shall be used
as a joint to separate such sidewalk from the public sidewalk running
along the street, or if no public sidewalk is in place, such joint
material shall be placed at the line where such sidewalk would be
placed if and when constructed.
[Ord. No. 1366 § 7, 5-18-1987]
Whenever any driveway or entrance walk is constructed in the
City that extends into the street beyond the outside sidewalk line,
drainage shall be provided by the installation of a suitable drainage
structure as herein provided. The City Administrator, City Engineer,
or other proper person shall determine the size of opening required,
which shall not at any location be less than an eight (8) inch inside
diameter pipe or its equivalent. It shall be the responsibility of
the owner of the affected property, or the person seeking the permit,
to install the necessary structure, which may be of any approved culvert
material, including but not restricted to, corrugated metal pipe,
steel, or cast iron or cement concrete pipe or a concrete box culvert.
Clay pipe will not be approved unless at least two (2) feet of cover,
after compaction, is available and placed thereover. In the event
corrugated metal pipe or concrete pipe is furnished by the property
owner at the culvert site, the City shall without charge, provide
labor and fill material for the installation of such pipe.
[Ord. No. 1366 § 8, 5-18-1987]
Any person desiring to construct or reconstruct any sidewalk
or driveway on public property shall, before commencing the work,
apply to and obtain from the City Clerk a permit therefore, which
permit shall be in writing, and shall specify a time within which
said work shall be completed; and the sidewalk shall be constructed
or reconstructed out of the material, and in accordance with the plans
and specifications prescribed by the City Code, and constructed under
the supervision of the City Administrator or the City Administrator's
designated representative.
[Ord. No. 1366 § 9, 5-18-1987]
All sidewalks on public property shall be constructed, reconstructed,
or repaired, at the expense of the owners of the lots or tracts of
ground fronting or abutting thereon, and in conformity with the ordinances
of the City regulating the same.
[1]
State Law Reference — For similar provisions, see RSMo.
§ 88.877. As to sidewalk improvements, see RSMo. § 88.710.
[Ord. No. 1366 § 10, 5-18-1987]
Owners of real property lying along and adjacent to any sidewalk
on public property shall keep said sidewalk in good repair at all
times. In case said owners fail to keep said sidewalks in good repair,
the sidewalks may be repaired by the City, as hereinafter provided
by this Article, and the cost of the repairs shall be assessed as
a special assessment against the property lying along and adjacent
to said sidewalks, as hereinafter provided.
[1]
State Law Reference — As to improvements, see RSMo.
§ 88.710. Maintenance by City, see RSMo. § 88.883.
As to owners responsibility, see RSMo. § 88.877.
[Ord. No. 1366 § 11, 5-18-1987]
Any sidewalk which the Board of Aldermen may deem to be in a
dangerous or defective condition, or out of repair, or any sidewalk
which is not located on the established grade and line for sidewalks
on the street on which said sidewalk is located, or any sidewalk which
does not conform to the specifications for sidewalks as provided by
this Article, may be condemned by the Board of Aldermen, by ordinance,
and removed by the City. The cost of condemnation and removal of the
sidewalk shall be paid by the City. This provision shall not apply
to sidewalks located entirely on private property.
[1]
State Law Reference — For similar provisions, see RSMo.
§§ 88.873 and 88.713.
[Ord. No. 1366 § 12, 5-18-1987]
The term "approaches" as herein used, shall be construed and
understood to mean the extension of sidewalks at corner lots from
the property line each way to the street curbline, and being in fact
the connection across the parkway or intervening space between the
corner of the property and the crossing in the street.
[1]
State Law Reference — For similar provisions, see RSMo.
§ 88.867.
[Ord. No. 1366 § 13, 5-18-1987]
The City Engineer or City Administrator shall identify all sidewalks
in the City that abut the front wall of a building, particularly in
the B-1 Central Business District. The City Engineer or City Administrator
then shall contact all owners of said property to inquire whether
the sidewalk is in any way supporting the building or whether the
sidewalk and building are connected in any way that would cause a
structural change in the building if the sidewalk or any part thereof
were removed or repaired. The property owner shall cooperate in this
inquiry. All new sidewalks on public property shall be constructed
to be structurally separate from any building.
[Ord. No. 1366 § 14, 5-18-1987]
A.
The Board of Aldermen, as provided for in Section 88.703 and Section
88.710, RSMo. shall have the power, by ordinance, to authorize the
repair or reconstruction of sidewalks and sidewalk curbing on public
property and to assess the cost thereof, by special tax assessment,
to each lot or piece of ground abutting on such sidewalk or part thereof
in proportion to the front foot thereof, for its part of the cost
of the work authorized by said State laws. Corner lots shall be liable
for the extension of curbs and sidewalks to the curblines each way.
The sidewalk repair or reconstruction shall be paid for with special
tax bills unless the Board of Aldermen specifies, by ordinance, that
payment will be made out of the General Revenue Funds of the City.
Any tax bills issued in payment of such repairs shall constitute a
lien upon the property liable therefor until paid.[2]
[2]
State Law Reference — Similar provisions, see RSMo.
§§ 88.703 and 88.710.
B.
The Board of Aldermen, as provided for in Section 88.703 and Section
88.710, RSMo., shall have the power, by ordinance, to authorize the
building and construction of sidewalks and sidewalk curbing on public
property along any streets of the City and to assess the cost thereof,
by special tax assessment, to each lot or piece of ground abutting
on such sidewalk in proportion to the front thereof, for its part
of the cost of the work authorized by said State laws. Corner lots
shall be liable for the extension of curbs and sidewalks to the curblines
each way. The Board of Aldermen may, by said same ordinance, include
in the special tax assessment for constructing sidewalks on any street
or alley the related cost of bringing to the established grade said
street or alley or part thereof, proposed to be improved.[3]
[3]
State Law Reference — For similar provisions, see RSMo.
§§ 88.703, 88.710 and 88.828.
C.
Before the Board of Aldermen shall make any contract for repairing,
building or constructing sidewalks, an estimate of the cost thereof
and related costs shall be made by the City Engineer of City Administrator
and submitted to the Board of Aldermen, and no contract shall be entered
into for any work or improvement for a price exceeding the estimate.
Further, the Board of Aldermen shall cause plans and specifications
for any project to repair, build or construct sidewalks and sidewalk
curbing and related costs, together with an estimate of the total
cost for the project, including construction, construction contingency
and fees and other expenses and an estimate of the portion of the
total cost to be assessed against each property to be benefitted by
the said project, to be prepared by the City Engineer or the City
Administrator, and filed with the City Clerk, subject to public inspection.
The Board of Aldermen further shall cause notice of said project and
the above described items to be printed in two (2) consecutive issues
of some weekly newspaper printed in Boone County, Missouri. If requested
by three (3) or more City residents, a public hearing shall be held
before the Board of Aldermen, at which time the public may express
their assent or objection to said project.[4]
[4]
State Law Reference — For similar provisions, see RSMo.
§§ 88.812 and 88.824.
D.
The special tax assessments made for constructing and repairing sidewalks
and sidewalk curbing and for the related costs thereof, including
the cost of bringing to the established grade the street or alley
running along the sidewalk being repaired or constructed as provided
for in Subsection (B), shall be known as "special assessments for
improvements" and shall be levied and collected as a special tax,
and a special tax bill shall be issued therefor. The said special
tax bills further may include a reasonable construction contingency
and an amount not to exceed twenty percent (20%) of the total cost
of the project to be used for payment of fees and other expenses.
The total cost of constructing and repairing sidewalks and sidewalk
curbing (and related costs), wherein a special tax bill shall issue
thereof, may be paid in ten (10) annual installments. In such case,
the tax bills shall be payable in annual installments as follows:
One-tenth (1/10) in one (1) year, one-tenth (1/10) in two (2) years,
one-tenth (1/10) in three (3) years, one-tenth (1/10) in four (4)
years, one-tenth (1/10) in five (5) years, one-tenth (1/10) in six
(6) years, one-tenth (1/10) in seven (7) years, one-tenth (1/10) in
eight (8) years, one-tenth (1/10) in nine (9) years and one-tenth
(1/10) in ten (10) years after the date of their issue. Tax bills
shall bear interest not to exceed the rate on ten-year United States
treasury notes as established at the most recent auction, payable
annually, from sixty (60) days after the date of issue until paid,
in addition, there shall be charged a fee on said special tax bill
which is computed as follows:
The fee equals that percentage of the special tax bill, which
when added to the rate of interest stated above will result in a figure
which would be equal to an annual interest rate at the "market rate",
as that term is defined in Section 408.030, RSMo. If any annual installment,
or the interest and fee thereon, is not paid when due, then all remaining
installments shall, at the option of the holder of the special tax
bill, become immediately due and payable. The owner of the property
charged with the payment of the special tax bill, or the owner of
any interest therein, shall have the privilege of paying the whole
of any special tax bill in full at any time, or on any annual installment
payment date of paying in full one (1) or more of the remaining installments
not of maturity date. 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 ending one (1) year after the date of maturity of the
last annual installment, except in case where it becomes necessary
to bring a suit to enforce the lien of any special tax bill, when
the lien of which shall continue until the expiration of the litigation.[5]
[5]
State Law Reference — For similar provisions, see RSMo.
§§ 88.812 and 88.816.
E.
The Board of Aldermen may, by ordinance, issue assessment notes at
the time the Board of Aldermen authorizes special tax assessments
and issues special tax bills therefor. The assessment notes shall
be issued as provided for in Section 88.815, RSMo. No assessment notes
issued shall constitute an indebtedness of the City of Centralia within
the meaning of any constitutional or statutory, limitation or provision.[6]
[6]
State Law Reference — As to authority, see RSMo. § 88.815.
F.
After the Board of Aldermen has entered into a contract for the repair
or reconstruction of sidewalks, or for the building or construction
of sidewalks and sidewalk curbing, the City Engineer or City Administrator
shall compute the cost of said contract and apportion the cost among
the tracts of land chargeable therewith, charging each tract of land
with its proportionate part of the costs, and the City Engineer or
City Administrator shall make a written report to the Board of Aldermen
describing each tract of land chargeable with a part of the cost of
the improvement, and the amount with which it is chargeable. If the
Board of Aldermen, by motion, approves the report, then the City Clerk
shall immediately thereafter issue and deposit the special tax bills
into a special fund, if assessment notes are issued as provided for
in Subsection (E), or if appropriate, shall hold such special tax
bills for delivery to the contractor upon completion of the project
in payment for the work in accordance with the report prepared by
the City Engineer or City Administrator. The special tax bills shall
be prepared in accordance with the provisions of Section 88.822, RSMo.[7]
[7]
State Law Reference — As to authority for tax bills,
etc., see RSMo. § 88.822.
G.
Whenever the Board of Aldermen shall advertise for bids for the construction
of new sidewalks or for the reconstruction of sidewalks in the place
of sidewalks condemned, and shall receive no bids therefor, the Board
of Aldermen may authorize the City of Centralia to proceed to construct
or reconstruct any said sidewalks at the City's own expense.
The City shall keep an accurate account of the amount expended for
labor and material, including grading and filling, opposite each lot
or piece of ground, and the City Engineer or the City Administrator
shall then present the same to the Board of Aldermen for assessment,
and each lot or piece of ground abutting on the sidewalk constructed
or reconstructed shall be liable for the costs thereof, as reported
to the Board of Aldermen by the City Engineer or the City Administrator,
and special tax bills shall be issued for the amount thereof, payable
to the City of Centralia, against each lot or piece of ground for
the amount for which it is liable.[8]
[8]
State Law Reference — As to construction of sidewalks,
see RSMo. § 88.826.
H.
Any error made in issuing any tax bill may be corrected by the City
Clerk, either by interlineations in it or by issuing a new tax bill
in lieu of the erroneous one; but when a tax bill is corrected by
interlineations, the date of making same shall be certified to by
the City Clerk on the margin or back of the bill. In any action brought
on any special tax bill, the court may correct any error in the amount
of the tax bill, and in any case where it is shown that the work done
was not as good as required by the contract, the court may give judgement
for the reasonable value of the work chargeable against the land described
in the tax bill. In all actions to enforce any special tax bill, the
court shall fix and allow a reasonable attorney fee to the plaintiff's
attorney for his services in the prosecution of such action and tax
the same as costs in the proceeding. In all cases where work is done
or improvements made and the cost thereof is assessed as a special
tax, any owner of property upon which such tax is levied may request,
and the Board of Aldermen shall grant, a public hearing to determine
whether such assessment is excessive or is levied at a greater sum
than was stated in the notices required by Subsection (C). The Board
of Aldermen is hereby empowered to adjust or reduce such assessment
which is determined to be excessive or levied at a greater sum than
was stated in the notices. If such adjustments or reductions result
in the collection of special taxes insufficient to pay the costs of
work done or improvements made, the City may pay the difference between
costs accrued and special taxes collected out of general revenue.[9]
[9]
State Law Reference — For similar provisions, see RSMo.
§ 88.814.
I.
The City Clerk and the City Collector shall follow the procedure
outlined in Section 88.818, RSMo. regarding special tax bills issued
as provided for above. The special tax bills shall be assigned, collected,
enforced and foreclosed upon in accordance with the provisions of
Section 88.854, Section 88.856, Section 88.858 and Section 88.861,
RSMo.
[1]
State Law Reference — For authorizing provisions, see
RSMo. §§ 88.854, 88.856, 88.858, 88.861 and 88.818.
[Ord. No. 1366 § 15, 5-18-1987]
A.
The Board of Aldermen, instead of proceeding under the provisions of Section 30-51 above, shall, in the alternative, have the power, by ordinance, to build, rebuild, reconstruct or repair sidewalks on public property and to assess the cost thereof, by special tax assessment, under the provisions of Sections 88.880 through 88.913, RSMo.
B.
The Board of Aldermen shall have the power, by ordinance, to provide for the building of any sidewalk or for the rebuilding and reconstruction of said sidewalk, including grading and filling therefor, and including the removal of any obstructions, and including approaches (as that term is defined in Section 30-49), at corner lots, and including the grading or parking of that portion of the street lying between the property line and the street curbline. The work shall be performed according to contract, and the Board of Aldermen may levy, by said ordinance, a special assessment against each lot or tract along which such work is done, for the cost thereof, as provided in Subsection (E) below. However, no such contract shall be let until the plans and specifications for said work have been adopted by ordinance. No contract shall be let until an advertisement for bids for the doing of said work has been published in at least one (1) issue of a weekly newspaper published in the City of Centralia, and the date for the opening of said bids shall be at least ten (10) days after the date of the first publication of said advertisement for bids. Before the bids are opened, the City Engineer or the City Administrator shall prepare and file an estimate showing the estimated quantities of grading, filling and of the various materials required for the sidewalk in front of each separate lot, tract or parcel of ground, and an estimate of the cost of said work per cubic yard or per square yard, as the case may be, and an estimate of the cost of the removal of any obstruction. No contract shall be let for a price in excess of the said estimate of the cost. After the bids are opened by the Board of Aldermen, the Board of Aldermen shall let the contract for said work to the lowest and best responsible bidder, and in case there are no bids received, or that all bids are rejected for any reason, the Board of Aldermen may readvertise for bids for said work, or may, by ordinance, order and require the City Engineer or the City Administrator to build and construct said sidewalk or do the other work as herein contemplated, according to the specifications adopted therefor, provided that the cost of said work shall not exceed the estimate that the City Engineer or the City Administrator previously filed. The City Engineer or the City Administrator shall keep an accurate account of the cost of the separate items thereof, and the Board of Aldermen shall pay for the labor and material and all other costs of said work out of any funds which the City may have on hand available for such purposes. At the completion of said work (either by contract or by the City of Centralia doing the work), the Board of Aldermen shall, by ordinance, levy the cost of said work as a special assessment against the lot, tract or parcel of ground along with each of said sidewalks or other improvements is made, in the manner provided in Subsection (E).
C.
The Board of Aldermen may, by ordinance, provide for the repairing
or reconstruction of any sidewalk by the City Engineer or the City
Administrator, with the City of Centralia paying the cost thereof
in the same manner as specified in Subsection (B) above. After said
work is performed, the Board of Aldermen may assess and levy the cost
of said repairing or reconstruction as a special assessment, in the
same manner as specified in Subsection (B) above.
D.
The Board of Aldermen may, by ordinance, when deemed necessary or
expedient, divide the City of Centralia or any portion thereof into
sidewalk districts. The Board of Aldermen may adopt plans and specifications
for the building of all sidewalks within said district or districts,
and may advertise for bids and award a contract to the lowest and
best responsible bidder for the building and construction of all sidewalks
which may be ordered built by the Board of Aldermen within said district
for the next ensuing year. Said advertisement for bids shall be published
in at least one (1) issue of a weekly newspaper published in the City
of Centralia. Before any bids are opened or any contract let, the
City Engineer of the City Administrator shall prepare and submit to
the Board of Aldermen an estimate of the cost of said sidewalk, including
approaches, grading and parking, material and like items, which estimate
shall be the price per cubic yard or square yard, as the case may
be, for the finished improvement. No contract shall be let for a price
in excess of said estimate. The cost of all sidewalks, approaches,
parking or other improvement herein contemplated shall be, on their
completion, levied as a special assessment against the lot, tract
or parcel of ground along and in front of which said improvement is
made, as provided in Subsection (E).
E.
The cost of any of the work or improvements contemplated in any of the Subsections in Section 30-52 that are made and done either by contract or by the City Engineer or the City Administrator (except the cost of condemnation and removal of sidewalks, which shall be paid by the City of Centralia) shall be levied as a special assessment against the lot, tract or parcel of ground along and in front of which said improvement is made. The cost of the approaches, as defined in Section 30-49, shall be levied as a special assessment against the corner lots which said approaches abut and connect with. Said assessment shall be levied by ordinance, in which ordinance shall be set out separately the number and title of the ordinance under authority of which the work will be done, a separate description of each lot, tract or parcel of ground assessed, the name of the owner thereof, the number of front feet therein abutting on said improvement, the separate items of cost of said improvement and the total amount thereof; and said assessment ordinance shall further provide for the making out of tax bills by the City Engineer, City Administrator or the City Clerk, in evidence of said assessments, payable to the contractor doing the work, and for the delivery of said tax bills in payment for said work, or if the work was done by the City Engineer or the City Administrator, the tax bills shall be made payable to the City Engineer or the City Administrator, for and to the use of the City of Centralia, and shall be collected the same as other tax bills.
F.
Tax bills shall be issued in accordance with Section 88.893, RSMo.
The tax bills shall be payable to the contractor doing the work, or
to the City Engineer or to the City Administrator, to and for the
City of Centralia, as the case may be. The tax bills shall be due
in thirty (30) days after the date of issue thereof, and shall bear
interest after said thirty (30) days at eight per cent (8%) per annum.
Except for property owned by the State of Missouri or any County or
City, or by the United States, the tax bills shall be a lien against
the property described in said tax bill, second only to the lien of
State, County and City taxes. Said lien shall continue for a period
of three (3) years after the maturity of each tax bill, or until the
final determination of any legal proceeding to collect the same. Any
real estate owned by the State of Missouri or any County or City abutting
on the sidewalk improvement shall be liable for the cost of said improvement
the same as other property, and an assessment shall be made thereon
and tax bills issued in the same manner as tax bills against other
property, and tax bills so issued shall constitute a valid claim,
but not a lien, against said governments. The tax bills shall be certified
as correct under the provisions of Section 88.907, RSMo. The computation
made for said certification shall be performed by the City Engineer
or the City Administrator. The City Clerk shall record all the tax
bills as provided for in Section 88.910, RSMo. Legal proceedings to
enforce collection of tax bills shall be in accordance with Section
88.913, RSMo.
[1]
State Law Reference — For similar provisions, see RSMo.
§§ 88.880 to 88.913.
[Ord. No. 1366 § 16, 5-18-1987]
Under extenuating circumstance, such as unusual street width,
conditions of subgrade, lay or contour of land, development of new
material or methods, or other unforeseeable conditions, the City Administrator
may waive any restrictive construction requirements specified in this
Article, if not required by State law, when such deviation will not
be detrimental to the City.
[Ord. No. 1366 § 17, 5-18-1987]
If any sidewalks on public property are to be constructed, reconstructed
or repaired by City of Centralia employees or by an independent contractor
for the City of Centralia at the request of an adjacent property owner
or by contract with an adjacent property owner, then before such work
shall be commenced, the adjacent property owner shall execute an instrument
releasing the City of Centralia, its officers, employees and agents
from liability for injuries and damages to the property owner and
the property owner's property arising from such construction,
reconstruction or repair.
