[CC 1989 §7-51]
For the purposes of this Article, the word "pave" shall mean to improve with all kinds of street paving materials,
including macadamizing.
[CC 1989 §7-52]
The City Council shall have full power and authority to order
and require the improvement of streets, curbs, gutters and sidewalks
under the following conditions and in the manner herein provided:
to grade, pave, gutter, curb and otherwise improve streets and parts
thereof; and to reconstruct and repair any paving, grading, guttering
and curbing; and to make and repair sidewalks, bridges, culverts and
crosswalks; and to condemn and destroy any sidewalk deemed unfit for
use and replace it with a new one of the same or different material;
and to exercise exclusive control over streets and establish and re-establish
grades thereon.
[CC 1989 §7-53]
Whenever the City Council shall order the improvement of any
street by grading, paving or otherwise, or the construction of curb
and gutter, or sidewalks, the City Engineer shall submit plans and
specifications by which such work shall be done; and these plans shall
show the manner of construction, and the specifications shall set
forth the kind of materials to be used and the manner of combining
and laying or placing such materials on the street. Specifications
for street paving shall be prepared for each separate piece of work
and specify the kind of material to be used on that particular street.
[CC 1989 §7-54]
A.
The
cost of bridges, culverts and footwalks across streets and alleys
shall be paid for out of the general revenue funds of the City.
B.
The
cost of grading streets and alleys shall be charged against the lots
and tracts of land fronting or abutting on the street or alley, or
part thereof, so improved and on the improvement in proportion to
the number of fronting or abutting feet. The City shall have the power
to grade all or any part of any street or alley but when the sidewalk
part of any street, that is, the part between the curb line and street
line, is graded exclusive of the other parts thereof, the cost of
the grading shall be charged against the lots and tracts of land fronting
or abutting on the side of the street so improved and on the improvement
in proportion to the number of fronting or abutting feet.
C.
The
cost of making combined curb and gutter and sidewalks shall be charged
against the lots and tract of land fronting or abutting on the improvements
in proportion to the fronting or abutting feet, except that in making
sidewalks, corner lots shall be charged with the cost of extending
the sidewalk to the curb lines of intersecting streets, and in making
combined curb and gutter, corner lots shall be charged with the cost
of extending the same to the curb lines of intersecting streets and
curving and extending the curb and gutter back to the street line
of intersecting streets and alleys.
D.
The
cost of repairing sidewalks and curbing shall be charged against the
particular lot or tract of land fronting or abutting on the part repaired.
E.
The
cost of paving, guttering and otherwise improving any alley and the
roadway of any street, that is, the part between curb lines, including
street intersections, shall be charged against the lots and tracts
of land fronting or abutting on the street or alley so improved along
the distances improved in proportion to the number of fronting or
abutting feet. When the paving or guttering on any street or alley
is only repaired (repaired, as herein used, shall not include an improvement
where the entire surface of a paving is renewed, but such renewal
shall be considered as paving), the cost of such repairing shall be
charged in the following manner: the street or alley shall be divided
into sections, a section being the distance from the centerline of
one cross or intersecting street to the centerline of the next cross
or intersecting street, and the cost of repairing each section shall
be charged against the lots and tracts of land fronting or abutting
on that section in proportion to the number of fronting or abutting
feet.
[CC 1989 §7-55]
Any street improvement may be paid for by the City out of the
General Revenue Fund if the City Council so provides; but all such
improvements shall be paid for with special tax bills unless the proceedings
of the City Council by which such improvements are ordered shall specify
that payment will be made out of the General Revenue Fund. The charges
made against lands for all such improvements shall be known as special
assessments or taxes for improvements and shall be charged and assessed
by issuing special tax bills against the lands chargeable with the
cost of the improvements; each special tax bill so issued shall be
a special lien on the land against which it is issued.
[CC 1989 §7-56]
On the completion of any improvement, in accordance with the
contract therefor, the City Engineer or other official in charge of
the improvement shall compute the cost thereof, and charging each
tract of land with its proportionate part of the cost, as herein required,
and shall make a written report to the City Council that the improvement
has been completed in accordance with the contract therefor, which
report shall also contain a description of each tract of land chargeable
with a part of the cost of the improvement and the amount with which
it is chargeable. If the City Council accepts the work and approves
said report, which acceptance and approval may be made by a motion
duly adopted, then the City Clerk shall immediately thereafter issue
and deliver to the contractor who did the work special tax bills in
payment for the work in accordance with the engineer's report, which
tax bills shall be signed by the City Clerk and under the corporate
Seal of the City. Each tax bill shall in substance contain a brief
general statement of the facts authorizing its issue, the amount for
which it is issued, a description of the land against which it is
issued, the name of the contractor to whom it is issued, the rate
of interest which it bears and when it begins to bear interest, and
shall state that it is a special lien against the land therein described,
and give the time that the lien continues. It need not give the name
of the owner of the land against which it is issued.
[CC 1989 §7-57]
Special tax bills issued pursuant to the preceding Section shall
bear no interest for thirty (30) days after date of issuance, but
after the expiration of thirty (30) days they shall bear interest
at the rate on a ten (10) year U.S. treasury note, unless the City
Council shall by ordinance fix a different rate of interest at less
than the rate on a ten (10) year U.S. treasury note, and every special
tax bill shall be a lien against the land described therein for ten
(10) years after its date unless sooner paid, excepting tax bills
payable in installments as herein specified, the lien of which shall
not expire until one (1) year after the date of the maturity of the
last installment. The cost of grading, paving, curbing, guttering
and making sidewalks may be paid for in ten (10) annual installments
payable respectively in one (1), two (2), three (3), four (4), five
(5), six (6), seven (7), eight (8), nine (9), and ten (10) years after
the date of the special tax bill, each installment to be one-tenth
(1/10) of the original amount of the tax bill together with all of
the then accrued interest, provided that the owner of any tract of
land chargeable with part of the cost of any improvement shall, prior
to the acceptance of the work by the City, notify the City Clerk in
writing that he/she so desires to pay the tax bill to be issued against
his/her property. In such case the special tax bill shall be so payable
and shall provide that if any installment is not paid when due, the
remaining unpaid installment shall at the option of the holder of
the tax bill become immediately due. The owner of the land against
which any such installment tax bill is issued shall have the privilege
of paying all of such tax bill at any installment paying date.
[CC 1989 §7-58]
The City Clerk shall keep a record of all tax bills issued by
the City in a special book provided for that purpose which shall show
the date and amount of each tax bill, the rate of interest it bears,
a description of the land against which it was issued, the name of
the party to whom it was issued, the street or part of the street
or alley improved, and the kind of improvement. When any tax bill
has been paid and is presented to the City Clerk marked paid, he/she
shall note on the record the satisfaction of the tax bill.
[CC 1989 §7-59]
Before the City Council shall be authorized to grade or pave
any alley or to grade, pave or gutter the roadway of any street when
the improvement is to be paid with special tax bills, it shall, by
resolution, declare that it deems such improvement necessary to be
made and shall cause such resolution to be published in some newspaper
printed and published in the City if available and, if not, then one
of general circulation within the City for two (2) consecutive insertions
in a weekly paper, or seven (7) consecutive insertions in a daily
paper, and if a majority of the owners of lands that would be liable
for the costs of the improvement, at the date of the passage of the
resolution, or if a majority of the owners of front feet abutting
on the street or part of street proposed to be improved shall not
within ten (10) days after the date of the last publication file with
the City Clerk their protest against such improvement, then the City
Council shall have the power to cause the improvement to be made;
and if the City Council shall find and declare by ordinance that no
such majority have so filed such protest, such finding and declaration
shall be conclusive after the execution of the contract for making
the improvement, and thereafter no special tax bill shall be held
invalid for the reason that a protest sufficiently signed is filed
with the Clerk.
[CC 1989 §7-60]
The City Council shall have full power to make all provisions
deemed necessary for the making of contracts by the City for the doing
of all work necessary in making the improvements specified in this
Article, but all such contracts shall be let to the lowest and best
bidder, upon advertisement for bids, published in the manner provided
in Section 88.520, RSMo.; but before the City shall make any contract
for any of such improvements, excepting repairs, an estimate of the
cost thereof shall be made by the City Engineer, and in case there
be no City Engineer, such estimate shall be made by some other person
designated by the City Council. Such estimate shall be filed with
the City Clerk and no contract shall be made for a price exceeding
such estimate. The City Council shall have the power to require any
contractor doing work to guarantee that an improvement will last for
a specified term of years and during such term will be kept in repair
and to require the contractor to give to the City approved bonds for
the faithful performance of any obligation.
[CC 1989 §7-61]
The City Council shall have the power to repair any sidewalk,
curbing, guttering or paving without letting any contract for such
work but can have such work done in such manner as may be provided
for by the City Council by ordinance. When such work is done by the
City, not through a contractor, the tax bills shall be issued to the
City and the City shall have the same power to collect such tax bills
as other owners of tax bills.
