[R.O. 1992 § 505.120; R.O. of 1942
§ 509; CC 1970 § 23-14]
A.
The City Council may enact ordinances:
1.
To grade, pave (the word "pave" as
herein used meaning to improve with all kinds of street paving, including
macadamizing), gutter, curb and otherwise improve streets and alleys,
and parts of the same within this City.
2.
To reconstruct and repair any paving,
grading, guttering and curbing.
3.
To make and repair sidewalks, bridges,
culverts and crosswalks, and to condemn and destroy any sidewalks
deemed unfit for use, and to replace the same with a new one of the
same or different material.
4.
To exercise exclusive control over
the streets and alleys, and to establish and re-establish grades thereon.
5.
To create, open and improve any public
square, street, avenue or alley or other highway, old or new, and
also to vacate and discontinue the same whenever deemed necessary
or expedient; provided, that all damages sustained by the citizens
of the City or the owners of the property therein, shall be ascertained
as prescribed in this Code or other ordinances relating to the condemnation
of private property for public use; and provided, further, that whenever
any public square, street, avenue or alley, or other highway, shall
be vacated, they shall revert to the owners of the adjacent lots in
proportion as it was taken from them; and still further provided,
that when the grade of any street or alley shall have been once established
by ordinance, it shall not be lawful to change such grade without
making compensation to all persons owning real estate on such street
or square, avenue, alley or other highway, who may be damaged by such
change or grade, to determine and govern in all respects with reference
to benefits and damages as is provided by law.
[R.O. 1992 § 505.130; Ord. No. 7230, 6-15-1992]
The City Council shall have power
within the City, by ordinance, in all cases where the cost does not
exceed two dollars ($2.00) per front foot per annum upon the property
abutting upon any street, avenue, alley or public place to be improved
as in this Section provided, to cause the streets, avenues, alleys
and public places of the City, or any part thereof, to be sprinkled,
oiled, repaired, surfaced and resurfaced, and the cost thereof to
be provided for and defrayed by a special tax to be assessed in favor
of the City or contractor on the adjoining property fronting or bordering
on the streets, avenues, alleys and public places where such sprinkling,
oiling, repairing, surfacing and resurfacing is proposed to be done,
in proportion that the linear feet of each lot fronting or bordering
on the street, avenue, alley and public place so to be sprinkled,
oiled, repaired, surfaced and resurfaced bears to the total number
of linear feet of all the property chargeable with the special tax
aforesaid in the territory embraced by the contract under which said
sprinkling, oiling, repairing, surfacing and resurfacing is to be
done. The above work may be done by said City and an accurate account
of the cost thereof kept by said City or may be contracted for annually
by the City Council at such time and under such terms as shall be
provided by ordinance, and the City shall be divided into convenient
sprinkling, oiling, repairing, surfacing and resurfacing districts
for the above purpose, and each district shall be let separately.
The special tax bill spoken of shall be and become a lien on the property
charged therewith from and after the commencing of such sprinkling,
oiling, repairing, surfacing and resurfacing of such streets, avenues,
alleys or public places under the provisions of an ordinance providing
therefor, and shall be prima facie evidence of the liability of the
property charged therewith to the extent and amount therein specified
and may be collected of and from the owner of the land in the name
of and by the City of Washington or contractor as any other claim
in any court of competent jurisdiction, and tax bills may bear interest
not to exceed the rate on ten-year United States Treasury Notes as
established at the most recent auction, and they shall be issued and
collected in the manner provided by ordinance; provided, that in no
case shall the provisions of this Section apply where the cost of
such improvement shall exceed two dollars ($2.00) per front foot per
annum upon the property abutting upon any street, avenue, alley or
public place; provided further, that the cost of sprinkling, oiling,
repairing, surfacing and resurfacing of any street, avenue, alley
or public place, or any part thereof may be paid out of the General
Revenue Fund of the City or other funds which the City may have for
such purposes if the City Council desires, in which case the proceedings
of the City for such improvements shall specify that payment will
be made out of the General Revenue Fund or other funds in whole or
in part.
[1]
State Law Reference: For similar provisions,
see § 88.811 et seq., RSMo.
[R.O. 1992 § 505.140; R.O. of 1942
§ 510; CC 1970 § 23-15]
Cost of bridges, culverts and footwalks
across streets and alleys may be paid for by the City out of the General
Revenue Funds or other funds which the City may have for such purpose
if the Council so desires, but all such improvements shall be paid
for with special tax bills unless the proceedings of the City for
the same specify that payment will be made out of the General Revenue
Funds or other funds which the City may have for such purpose.
[R.O. 1992 § 505.150; R.O. of 1942
§ 511; CC 1970 § 23-19; Ord. No.
7230, 6-15-1992]
Any of the street improvements mentioned
in this Article may be paid for by the City out of the General Revenue
Funds or other funds which the City may have for such purpose if the
Council so desires; but all such improvements shall be paid for with
special tax bills unless the proceedings of the City for the same
specify that payment will be made out of the General Revenue Funds
or other funds which the City may have for such purpose.
[R.O. 1992 § 505.160; R.O. of 1942
§ 512; CC 1970 § 23-20]
Whenever the Council shall by ordinance
so order, the cost of grading any street, avenue or alley within this
City shall be charged against the lots and tracts of land fronting
or abutting on the street or alley, or part of same, so improved,
and on the improvement in proportion to the number of fronting or
abutting feet. The Council shall have the power to order by ordinance
the grading of all or part of any street or alley; but when the sidewalk
part of any street, that is, the part between the curbline and street
line, is graded exclusive of the other parts of the same, the cost
of grading shall be charged against the lots and tracts of land fronting
or abutting on the side of the street so improved in proportion to
the number of fronting or abutting feet.
[R.O. 1992 § 505.170; R.O. of 1942
§ 513; CC 1970 § 23-21; Ord. No.
7230, 6-15-1992]
The cost of making curbing and sidewalks
shall be charged against the lots and tracts of land fronting or abutting
on the improvement 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 curblines of intersecting
streets, and curbing and extending the curbing back to the street
line at intersecting streets and alleys. The costs of repairing sidewalks
and curbing shall be charged against the particular lot or tract of
land fronting or abutting on the part repaired.
[R.O. 1992 § 505.180; R.O. of 1942
§ 514: CC 1970 § 23-22]
The cost of paving, guttering and
otherwise improving any alley and the roadway part of any street,
that is, the part between curblines, including street intersections,
shall be charged against the lots and tracts of land fronting or abutting
on the street or alleys so improved along the distances improved in
proportion to the number of fronting or abutting feet.
[R.O. 1992 § 505.190; R.O. of 1942
§ 515; CC 1970 § 23-23]
When the paving or guttering on any
street or alley is only repaired ("repaired" as here used shall not
include an improvement where the entire surface 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 center
line of one cross or intersecting street to the center line 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 upon that section in proportion to the number of fronting
or abutting feet.
[R.O. 1992 § 505.200; R.O. of 1942
§ 516; CC 1970 § 23-24]
When the Council shall deem it necessary
to pave, macadamize, gutter, curb, grade or otherwise improve the
roadway of any street, avenue or alley, within the City, for the costs
of which a special tax is to be levied against the abutting property,
and before any such improvements shall be ordered, the Council shall
by resolution declare such work or improvement necessary to be done
and cause such resolution to be published in some newspaper published
in 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 resident owners of the property liable to taxation therefor,
at the date of the passage of such resolution, who shall own a majority
of the front feet, owned by residents of the City abutting on the
street, avenue or alley proposed to be improved, shall not within
ten (10) days after the date of the publication of the resolution,
file with the City Clerk their written protest against such improvement,
then the Council shall have power to cause a contract for the work
to be let to the lowest and best bidder on plans and specifications
filed therefor, and to be filed, with the City Clerk by the City Engineer,
or by some other competent person appointed by the Mayor and Council
for that purpose.
[R.O. 1992 § 505.210; Ord. No. 4240 § 1, 8-20-1973]
When the improvement authorized in Section 505.130 is for the roadway of any street or avenue for a distance not more than one thousand two hundred (1,200) feet in length so as to connect at both ends with paving, macadamizing, guttering, curbing, grading, or other improvement either on the same street or avenue or other streets or avenues, the Council shall declare such work to be necessary to be done and shall cause the same proceedings to be had as provided in Section 505.130, except that no protest may be filed. The resolution passed and published shall state the fact that anyone desiring to do so may appear before the Council at a time stated therein and be heard on the question of the necessity of the work sought to be done, and if anyone does so appear, he/she shall be heard, and the Council shall by resolution state the result of such hearing to be a reaffirmance of the necessity for the doing of the work or the contrary, as the Council may then decide. If no one appears or if the Council reaffirms the necessity of the doing of such work and improvement, then it shall proceed with such work and improvement in the manner provided in this Article for such work and improvement when no sufficient protest against such improvement is filed within the time limited therefor.
[1]
State Law Reference: Authority, § 88.523,
RSMo.
[R.O. 1992 § 505.220; R.O. of 1942
§ 517; CC 1970 § 23-25]
When the Council shall, by ordinance,
find and declare that a majority of the resident owners of the property
liable to taxation therefor, who shall also own a majority of the
front feet owned by residents of the City abutting on the street or
alley proposed to be improved, have not filed with the City Clerk
a protest against such improvement, such finding and declaration shall
be conclusive after the execution of the contract for the improvement,
and no special tax bill shall be held invalid for the reason that
a protest sufficiently signed was filed with the City Clerk.
[R.O. 1992 § 505.230; Ord. No. 4638 § 1, 11-3-1975; Ord. No. 7230, 6-15-1992]
The City Council shall cause plans
and specifications for all projects for construction and repairing
sidewalks and sidewalk curbing and guttering of any street, alley,
square or other highway or part thereof and repairing the same or
any other improvements whereby special tax bills shall be levied to
pay the cost thereof, together with an estimate of the cost thereof,
and an estimate of the portion of the total cost to be assessed against
each property to be benefitted by the project to be prepared by the
City Engineer or other proper officer and filed with the City Clerk
subject to inspection of the public and shall cause notice thereof
to be published in some weekly newspaper printed in the City for two
(2) consecutive insertions. A public hearing shall be had before the
City Council upon the request of three (3) or more citizens of the
City of Washington at which hearing citizens may express their assent
or objection to such project.
[R.O. 1992 § 505.240; R.O. of 1942
§ 518; CC 1970 § 23-26; Ord. No.
05-9737 § 1, 2-22-2005]
Before the Council shall make any
contract for building bridges, sidewalks and culverts, or for paving,
macadamizing, curbing, guttering or grading any street, avenue, alley
or highway within this City, an estimate of the costs thereof shall
be made by the City Engineer or other competent person appointed by
the Mayor and Council for that purpose, and submitted to the Council
and no contract shall be entered into for any such work or improvement
for a price exceeding such estimate when such work or improvement
is intended to be paid for by special assessments; provided, that
no such estimate shall be required for the making of any local or
special repairs.
[R.O. 1992 § 505.250; R.O. of 1942,
§ 519; Ord. No. 4233 §§ 1-2, 8-20-1973; Ord. No. 01-9013 § 1, 6-4-2001]
Whenever the Council shall deem it
necessary to pave, macadamize, curb, gutter, grade, or otherwise improve
any street, avenue or alley or any part thereof within the City and
to contract for such work, the Council shall, by resolution, instruct
the City Engineer, or other competent person appointed by the Mayor
and Council for that purpose, to give public notice that bids will
be received by the Council. Such notice shall be published by two
(2) consecutive insertions in a weekly paper or seven (7) consecutive
insertions in a daily paper in some newspaper published in the City.
Such notice shall specify that sealed proposals for construction or
doing of public work will be received by the Council, the time and
place at which the plans and specifications for the work may be seen,
the hour and place of opening bids, and the time up to which bids
will be received. Each bid shall be plainly written and signed by
the bidder, and the language used shall be without ambiguity as to
intent, purpose and meaning thereof. No bid shall be considered unless
accompanied by a certified check or cashier's check, made payable
to the order of the City, equal in amount to five percent (5%) of
the amount bid for such work. It shall be expressly stipulated in
the notice that the check accompanying each bid shall become the property
of the City in case the contract for such work be awarded to the bidder
and he/she should fail, neglect, or refuse within ten (10) days from
the award of the work to enter into the written contract and give
the bond required of him/her. Each bid and the check accompanying
the same shall be placed in a sealed envelope, and on or across the
envelope shall be written the words "Proposal for Public Work." Bids
so received shall be opened by the City Clerk at the time specified
in the notice and specified by the Council as aforesaid.
[R.O. 1992 § 505.260; R.O. of 1942
§ 520; CC 1970 § 23-28; Ord. No.
05-9737 § 2, 2-22-2005]
The contract for the work so advertised,
as specified in the preceding Section, shall be awarded by the Council,
by ordinance or resolution, to the lowest and best bidder who shall
comply with the provisions and requirements of the preceding Sections,
provided that the amount bid does not exceed the estimated costs of
such work as ascertained and determined by the City Engineer, or some
other competent person appointed by the Mayor and Council for that
purpose when such work or improvement is intended to be paid for by
special assessments; and provided, further, that the Council shall
be authorized to reject all bids, if in their judgment the best interests
of the City shall require such action. If in any case all of the bids
received shall be rejected, or no bids are presented, the Council
may by resolution instruct the City Engineer, or such other competent
person appointed by the Mayor and Council for that purpose, to again
advertise for bids as in the first instance. As soon as the award
has been made the Council shall order the checks of all unsuccessful
bidders to be returned to the proper persons, but the check of the
successful bidder shall only be returned to him/her if he/she complies
with the provisions of the next two (2) succeeding Sections of this
Article.
[R.O. 1992 § 505.270; R.O. of 1942
§ 521; CC 1970 § 23-29]
Within ten (10) days from the time
of the award of the work, as specified in the preceding Section, the
Mayor shall, for and on behalf of the City, enter into a written contract
with the successful bidder, signed by him/her and the contractor.
The contract shall specify that the same is entered into subject to
all existing provisions of this Code or other ordinances of the City
pertaining to the work awarded and subject to the plans and specifications
for such work on file in the office of the City Clerk, and which shall
all be considered a part and parcel of such contract; that all questions
arising as to the proper performance of the work in accordance with
the plans and specifications therefor shall be decided by the City
Engineer, or by such other competent persons appointed by the Mayor
and Council to supervise and superintend the work in the place of
such engineer; that in the case of improper construction the City
reserves the right at any time to suspend, relet or order an entire
reconstruction of the work; that for failure on the part of the contractor
to perform the work within the time agreed upon in the contract, or
in the manner as specified in the contract, the City reserves the
right at any time to suspend, relet or order an entire reconstruction
of the work awarded and to declare the contract forfeited; but that
such suspension, reletting or reconstruction or forfeiture shall not
affect the right of the City to recover all damages and penalties
accruing or due it by reason of such contractor's non-compliance with
his/her contract. The City Council may also, for sufficient cause,
by resolution or ordinance, extend the time for completing the work
awarded and contracted for. The contract shall be executed in duplicate
and one (1) copy held by the contractor and the other by the City,
and the copy held by the City, after being properly executed, shall
be deposited and filed in the office of the City Clerk, who shall
safely and securely keep the same in his/her office.
[R.O. 1992 § 505.280; R.O. of 1942
§ 552; Ord. No. 4236, §§ 1-2, 8-20-1973]
At the time the contract is entered
into, and within ten (10) days from the time any public work, as specified
in the preceding Section, has been awarded, the contractor therefor
shall execute to the City a good and sufficient bond for one hundred
percent (100%) of the work awarded him/her unless the contractor and
the Council agree to a lesser amount, with at least two (2) good and
sufficient sureties, conditioned for the faithful performance of his/her
contract for the work awarded him/her and therein specified, and for
a strict compliance with the ordinances of the City applicable to
such work, and that such contractor will furthermore keep the City
harmless on account of damage or injury done to persons or property
by such contractor, his/her servants or employees, in the execution
of the work. Such bond shall be approved by the Mayor, and with his/her
approval endorsed thereon, shall be filed in the office of the City
Clerk and safely kept and preserved.
[R.O. 1992 § 505.290; R.O. of 1942
§ 523; CC 1970 § 23-31]
Every contract and bond to be executed
under the provisions of this Article shall be drawn by the City Attorney,
or the form thereof shall be submitted to him/her for approval.
[R.O. 1992 § 505.300; R.O. of 1942
§ 524; CC 1970 § 23-32]
All material shall be carefully inspected
by the City Engineer, or the person appointed by the Mayor and Council
to supervise the work, after it is brought on the line of work, and
all material which in quality and dimensions does not conform to the
specifications for such work shall be rejected, and such rejected
material shall be immediately removed from the line of the work by
the contractor, and at his/her expense.
[R.O. 1992 § 505.310; R.O. of 1942
§ 525; CC 1970 § 23-33; Ord. No.
7230, 6-15-1992]
The contractor shall follow all guidelines
for signage and barricading according to the current edition of the
Manual on Uniform Traffic Control Devices. For any injury resulting
by reason of the failure of such contractor to observe this provision,
he/she shall be liable on his/her bond. Any person who, without authority,
shall remove any such light or barricade shall be deemed guilty of
an ordinance violation.
[R.O. 1992 § 505.320; R.O. of 1942
§ 526; CC 1970 § 23-34]
Any person who shall make any contract
with the City for work herein mentioned and who agrees to be paid
from special assessments for the work done by him/her, shall have
no claim or lien upon or against the City in any event or contingency;
no work, the payment of which is to be made by special assessments,
shall be awarded to any contractor who will not so agree.
[R.O. 1992 § 505.330; R.O. of 1942
§ 527; CC 1970 § 23-35; Ord. No.
05-9737 § 3, 2-22-2005]
No change shall be made in the plans
or specifications of any work contracted to be done, or in the materials
to be furnished, or in the manner of executing the work, unless the
Council shall by a change order, authorize such change and the same
be agreed to by the contractor, in writing, or which change shall
exceed the original estimate of costs for such work when such work
or improvement is intended to be paid for by special assessments.
[R.O. 1992 § 505.340; R.O. of 1942
§ 528; CC 1970 § 23-36]
A.
As soon as any contract work for the improvement
of any street, avenue or alley, or part thereof, which is to be paid
for by special assessments, is completed, and the work accepted by
the Council, the City Engineer, or other competent person appointed
by the Mayor and Council for that purpose, shall ascertain and submit
to the Council in a written report the following information:
1.
The character of the work, and whether
or not it has been completed in accordance with the contract. If answered
in the affirmative, then:
2.
The total costs of improvement in
each block, or section of improved street, avenue or alley, or part
thereof separately, a block or section being the distance of such
improved street, avenue or alley improved under the contract, from
the center of one cross or intersecting street to the center of the
next cross or intersecting street.
3.
The particular block or section of
street, avenue or alley or part thereof improved under the contract.
4.
The aggregate number of running front
feet contained in aggregate lots or tracts of land chargeable with
the costs of such improvement, fronting or abutting on the street,
avenue or alley, or part thereof, improved under the contract in each
block or section separately.
5.
A correct description of each separate
lot or tract of land chargeable with the cost of such improvement
fronting or abutting on the street, avenue or alley, or part thereof,
improved; the name of the owner or owners of each such separate lot
or tract of land, if known; the number of running front feet contained
in each such separate lots or tracts of land; the proportionate cost
price per running foot of the total cost of improvement in such block
or section; the amount of the costs with which each separate lot or
tract of land is chargeable.
[R.O. 1992 § 505.350; R.O. of 1942
§ 529; CC 1970 § 23-37]
On the completion of any improvement
in accordance with the contract for the same, the City Engineer, or
other official in charge of the improvement, shall submit his/her
report to the Council, as specified in the preceding Section, and
the Council shall, upon being satisfied that the report is correct,
accept and approve the report, which acceptance and approval may be
made by a motion duly adopted.
[R.O. 1992 § 505.360; R.O. of 1942
§ 530; CC 1970 § 23-38]
If the Council accepts the work and
approves the report, 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 Clerk and under the corporate Seal
of the City. Each bill shall be issued in numerical order and 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 number of front feet in the same
which front or abut on the improvement, the aggregate number of front
feet in the block or section improved under the contract, the cost
per running foot of such improvement, to whom it is issued, the name
of the owner of the tract of land improved, if known, 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 the lien continues.
[R.O. 1992 § 505.370; Ord. No. 7230, 6-15-1992]
The assessments made for constructing
and repairing sidewalks and sidewalk curbing, and for sewers, and
for grading, paving, excavating, macadamizing, curbing and guttering
of any street, avenue, alley, square, or other highway, or part thereof,
and repairing the same, or for any other improvement authorized by
Sections 88.497 to 88.663, RSMo., and Sections 88.667 to 88.773, RSMo.,
and Sections 80.090 to 80.560, RSMo., and Sections 88.777 to 88.797,
RSMo., and Sections 88.811 to 88.861, RSMo., shall be known as "special
assessments for improvements," and shall be levied and collected as
a special tax, and a special tax bill shall issue therefor and be
paid in the manner provided by ordinance. The City Council shall cause
plans and specifications for all projects, together with an estimate
of the total cost for the projects, 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 project, to be prepared by the City Engineer or other proper
officer, and filed with the Clerk of the City, subject to the inspection
of the public, and shall cause notice thereof to be published in some
newspaper printed in the County for two (2) consecutive insertions
in a weekly paper, and for seven (7) consecutive insertions in a daily
paper. A public hearing shall be had before the City Council upon
the request of three (3) or more citizens of the City, at which hearing
citizens may express their assent or objection to such project. These
special tax bills may include a reasonable construction contingency
and an amount not to exceed twenty percent (20%) of the total cost
of the improvement to be used for payment of fees and other expenses,
and tax bills may bear interest not to exceed the rate on ten-year
United States Treasury Notes as established at the most recent auction;
all the tax bills shall become due and payable sixty (60) days after
the date of issue thereof, except in the case of tax bills payable
in installments as herein provided; and 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 of ten (10) years after date of
issue, unless sooner paid, except in the case of special tax bills
payable in installments, the lien of which shall not expire until
one (1) year after the date of maturity of the last installment, and
except in any case where it becomes necessary to bring a suit to enforce
the lien of any special tax bill, the lien of which shall continue
until the expiration of the litigation.
[R.O. 1992 § 505.380; R.O. of 1942
§ 532; CC 1970 § 23-40]
All tax bills herein authorized shall
be assignable and the owner or the holder of any such tax bills may
enforce the collection thereof by an action in any court having jurisdiction
thereof and in all actions thereof. Such tax bill shall be prima facie
evidence of its own validity of the facts authorizing its issue, and
that it is a special lien on the land described therein. In any case
where it becomes necessary to bring suit to enforce the lien of any
tax bill herein authorized, the lien of such tax bill shall continue
until the expiration of the litigation.
[R.O. 1992 § 505.390; R.O. of 1942
§ 593; Ord. No. 3072 § 2, 12-7-1964; CC 1970 § 23-41; Ord. No. 7230, 6-15-1992]
The total cost for any improvement
wherein a special tax bill shall issue therefor, may be paid in ten
(10) annual installments; provided, that the owner of the property
described in the special tax bill shall have filed a written request
with the Clerk within thirty (30) days after the letting of the contract
for the improvement or before completion of the work that his/her
tax bill shall be made payable in installments. In such case, the
tax bill 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;
One-tenth (1/10) in ten (10) years
after the date of their issue;
and the tax bill 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, unless the Council shall
provide a different rate of interest not to exceed in any event eight
percent (8%) per annum; and shall provide that if any annual installment,
or the interest thereon, is not paid when due, then all of the remaining
installments shall, at the option of the holder of the tax bill, become
immediately due and payable; provided, that the owner of property
charged with the payment of the tax bill, or the owner of any interest
therein, shall have the privilege of paying the whole of any tax bill
in full at any time, or on any annual installment payment date of
paying if full one (1) or more of the remaining installments not of
maturity date.
[R.O. 1992 § 505.400; R.O. of 1942
§ 534; CC 1970 § 23-42; Ord. No.
7230, 6-15-1992]
All lands owned by any County or
City and all other public lands, cemeteries and railroad rights-of-way
fronting or abutting on an improvement shall be liable for their proportionate
part of the cost of such improvement, and tax bills shall be issued
against such property as against other property, and any County or
City that shall own any such property shall, out of the General Revenue
Funds, or other funds, pay any such tax bill, and in any case where
any County, City or railroad company shall fail to pay such tax bills
the owner or holder of the same may sue such County, City or railroad
company on such tax bill and be entitled to recover a general judgment
against such County or railroad company.
[R.O. 1992 § 505.410; R.O. of 1942
§ 535; Ord. No. 4237 § 2, 8-20-1973]
Whenever the Council shall deem it necessary to make any local or special repairs of any curbing, guttering, or paving of any street or alley, the Council by ordinance may order such work to be done by the City under supervision of the City Engineer or Street Committee. The officer having charges of such work shall, when such work is finished, compute the cost of the improvement in accordance with Section 505.080 and 505.100 of this Article and submit a written report, similar in form and substance to that described in Section 505.250, to the Council. If the Council accepts the work and approves the report by a motion duly adopted, then the City Clerk shall immediately thereafter issue pursuant to Section 505.280 special tax bills in accordance with the report, signed by the Clerk and containing the corporate Seal of the City, and in favor of the City, which shall constitute a lien upon the property against which they are issued, and the same shall be collected by suit thereon in the name of the City in its own behalf in any court of competent jurisdiction.
[R.O. 1992 § 505.420; R.O. of 1942
§ 536: CC 1970 § 23-44]
The assessments made for the work
mentioned in this Article 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 and be paid in manner
as is or may be by ordinance provided.
[R.O. 1992 § 505.430; R.O. of 1942
§ 537; CC 1970 § 23-45]
Any error that may be made in issuing any tax bill may be corrected by the City Clerk who issued it or his/her successor in office, 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 the same shall be certified to by the Clerk on the margin or back of the bill. In any action brought on any such tax bill the court shall have power to correct any error in the amount of the tax bill, and in any case where it may be shown that the work done was not as good as required by the contract, the court may give judgment for the reasonable value of the work chargeable against the land described in the tax bill. The City Clerk shall keep a record of all tax bills issued by the City in a special book provided for that purpose, which record shall show the date and amount of each tax bill, the name of the property owner (if known), the rate of interest it bears, and 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 street or alley improved and the kind of improvement. When any tax bill is assigned, such assignment shall be noted thereon, and the assignee shall exhibit the same to the City Clerk, who shall on the margin of the tax bill appropriately note such assignment. The party liable to any such tax bill may either pay the owner of such tax bill or he/she may pay the amount of the tax bill to the City Collector, who shall accept the money and make out duplicate receipts therefor, one (1) of which he/she shall deliver to the person so paying the tax bill and the other he/she shall file with the City Clerk; and thereupon such Clerk shall note the filing of the receipt on the margin of the abstract of the tax bill, and shall mark the latter canceled and shall affix his/her name to such cancellation, with the date thereof. Such cancellation shall have the effect to extinguish all liability or right of action of such tax bill. The Collector, on the presentation to him/her of such tax bill by its owner, shall pay to him/her the amount thereof, take his/her duplicate receipt therefor, one (1) of which he/she shall file with the City Clerk, who shall note it on the margin of abstract of the tax bill, and the other the Collector shall retain. The Collector shall be liable on his/her bond for the collection. All tax bills issued under the provisions of Section 505.320 shall be delivered to the City Collector, who shall collect the same without delay.
[R.O. 1992 § 505.440; Ord. No. 4637 § 1, 11-3-1975]
A.
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 City Council shall grant, a public hearing to determine whether such assessment is excessive or is levied at a greater sum than was stated in the notice required by Section 505.140.
B.
The City Council 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 notice. If such
adjustment or reduction results in the collection of special taxes
insufficient to pay the cost of work done or improvements made, the
City may pay the difference between cost accrued and special taxes
collected out of the general revenue.
[R.O. 1992 § 505.450; R.O. of 1942
§ 538; Ord. No. 4460 § 1, 9-16-1974]
The Council shall have the power to limit the cost to be assessed as a special tax against the abutting property for street improvement as provided in this Article. If the Council shall, in the resolution provided for in Section 505.110 declare that the cost of the proposed work, not to exceed an amount per front foot to be stated in the resolution, shall be charged to the abutting property and limited to such amount, and the balance, if any, shall be charged to the City, then any cost in excess to such stated amount shall be borne by the general revenue, and only that part of the cost limited to such stated amount per foot shall be charged against the abutting property. In proceeding under this Section the Council may let the work by contract, as provided by this Article, or have the same done by the City Engineer under such supervision as it may direct by ordinance. In either case the whole cost shall be paid out of the general revenue, and special tax bills shall then be assessed by ordinance against the abutting property for its part of the cost when the work is completed, and special tax bills issued therefor, made payable to the City, signed by the Mayor and attested by the City Clerk with the Seal of the City affixed. The special tax bills, when due and after demand of payment, may be sued upon for non-payment whenever the Council shall so order. The tax bills shall be delivered and charged by the City Clerk to the City Collector for collection. All of the provisions of this Article relating to the assessment, issue, rate of interest, lien, abstracting, collection releasing and cancellation of special tax bills for improvements mentioned in this Article, so far as applicable and not inconsistent with the provisions of this Section, shall apply to tax bills issued in pursuance of this Section.
[R.O. 1992 § 505.460; R.O. of 1942
§ 539; CC 1970 § 23-47]
Whenever the Mayor and City Council
shall order any street, avenue or alley to be prepared for improvement
such portion of the same found to be above the grade shall be excavated
and those below the grade shall be filled up. The grading of the street,
avenue or alley for the distance of each block shall be fully completed
before any macadam or other materials of improvement shall be placed
thereon.
[R.O. 1992 § 505.470; R.O. of 1942
§ 540; CC 1970 § 23-48]
All City work to be performed under
the provisions of this Article, when not otherwise provided under
the provisions of this Article, shall be carried on under the supervision
of the City Engineer.
