The city may make public improvements authorized by law and by Articles
I and
II of this charter. The power to make public improvements may be exercised by the city outside the city limits for the benefit of the city and its inhabitants.
Public improvements may be paid for, in whole or in part, out
of: (1) general funds, (2) proceeds from the sale of bonds, (3) special
assessments which may be evidenced by special tax bills charged and
assessed against property benefited by the improvement, or (4) the
revolving public improvement fund herein authorized. All ordinances
and contracts for public improvements shall specify the method of
payment for the improvements. In case payment is to be made in whole
or in part to the contractor by special tax bills or other evidences
of assessments upon real property, the city shall in no event be liable
for the part to be so paid.
When work is to be done by contract, except work or repairs
requiring prompt attention, the city shall advertise for bids therefor
upon such notice as may be prescribed by ordinance. Any or all bids
may be rejected. Except for such right of rejection, the city manager
shall let the contract to the lowest responsible bidder, and shall
cause the contract to be formally executed by the contractor and by
the city manager on behalf of the city. Such contract, before it becomes
binding and effective, shall be confirmed by an ordinance of the board
of aldermen. Work may be done by the city's own departments and employees
when no satisfactory bid is received therefor, or when deemed advisable
by the city manager.
All proceedings to make any public improvements, except work
or repairs requiring prompt attention and ordinary maintenance work,
shall be initiated by the adoption of a resolution by the board of
aldermen declaring the necessity of such improvement, and stating
the nature thereof and the method of payment therefor. When payment
is to be made by special tax bills or other evidences of assessments
upon real property, or out of the revolving public improvement fund,
as herein provided, the resolution shall state the proposed method
of making assessments to pay therefor. The resolution shall also state
the estimate of the probable cost of such improvements, but any error
or inaccuracy in such estimate as compared with the actual cost of
the work shall not affect the validity of the proceedings, or of any
assessments made, or of special tax bills issued to pay for such work.
Upon the adoption of a resolution with respect to any public
improvements which are to be paid for in whole or in part by special
assessments upon real estate, the board of aldermen shall fix a date
for a public hearing to be held not less than ten nor more than thirty
days thereafter, at which persons interested in such improvements
may be heard. The board of aldermen shall cause a copy of its resolution,
together with notice of the date of public hearing, to be published
in two consecutive issues of any newspaper printed or published in
the city. If no newspaper be printed or published in the city, such
copy and notice may be published in any daily newspaper of general
circulation in the city. After such hearing, the board of aldermen
may determine that it is or is not in the public interest that such
improvements or any part thereof be made.
The city manager shall cause plans and specifications for the
proposed improvements to be prepared and submitted to the board for
approval. Such plans and specifications insofar as practicable shall
not limit the materials to be used to those of any particular producer
or manufacturer, but shall be arranged insofar as practicable to permit
materials and processes to enter into competition.
Whenever any portion of the cost of improvements is to be met
by special tax bills or assessments, the ordinance shall specify the
portion thereof and set forth the boundaries of the district within
which property is to be so assessed. Special assessments may be made
and collected by the city as other taxes on real estate, or special
tax bills may be issued to the contractor. Any such tax bills may
be purchased by the city from the contractor out of any funds available
for such purpose.
The cost of any public improvement to be paid for in whole or
in part by assessments on property specially benefitted may include
the direct cost, the damages occasioned, a reasonable charge for administrative
expenses, and any other items which may reasonably be attributed to
the public improvement. The amount to be assessed against all property
specially benefitted shall be apportioned among the individual parcels
in proportion to their respective benefits in the manner designated
by the board of aldermen.
Upon the completion of any public improvements the payment for
which is to be made by special tax bills, the board of aldermen shall
by ordinance direct the issuance of said tax bills. When said ordinance
is approved, the tax bills authorized thereby shall become a lien
upon the property charged therewith, which lien shall continue for
six years from the date of issue unless sooner paid, and unless suit
be brought to collect the same within that time, in which case the
lien shall continue until the final determination of the proceedings
to collect. There shall be no priority among special tax bills issued
under this charter, regardless of the date of such bills. They shall
be payable to the party entitled thereto either at the office of the
director of finance or at some bank or trust company in the City of
St. Louis or in St. Louis County, Missouri, at the option of the party
so entitled. They shall be promptly registered in the office of the
director of finance and delivered to the person entitled. All tax
bills herein authorized shall be assignable and they shall be prima
facie evidence of what they contain and of their own validity, and
no mere informality or clerical mistake in any of the proceedings
shall be a defense. Such tax bills shall mature at such times and
bear such rate of interest as may be prescribed by the ordinance directing
the issuance thereof, and at the request of the property owner, made
to the director of finance prior to the issuance of the bills, may
be made payable in annual installments, not exceeding five.
If any such special tax bill or special assessment shall fail
to be valid in whole or in part, or if for any cause, mistake, or
inadvertence the amount assessed shall not be sufficient to pay the
cost of such improvements, the board of aldermen shall be authorized
to cause such assessment to be reassessed and to enforce or authorize
the enforcement of its collection.
Upon recommendation of the city manager, the board of aldermen
may make further provision by general ordinance, not inconsistent
herewith, for special assessments, the issuance of special tax bills,
the collection thereof, and all matters incidental thereto.
There is hereby created a fund to be known as the revolving
public improvement fund. Said fund may be maintained from the following
sources:
(1) Appropriations from the general funds when available.
(2) The proceeds from bond issues, as provided in this charter.
(3) Collections of special assessments or special tax bills and any interest
thereon, levied or issued for public improvements previously paid
for out of the revolving public improvement fund.
(4) The proceeds from the sale of special tax bills.
(5) Any other source permitted by law or ordinance.
Whenever the board of aldermen shall authorize the cost of any
public improvements to be paid out of the revolving public improvement
fund, any special assessment and interest thereon that may be levied
and collected on account of such improvements, or the proceeds from
the collection of any such tax bills and interest thereon, shall be
credited to and paid into said fund.
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