[R.O. 1992 § 505.850; Ord. No. 4459 § 1 9-16-1974]
If the City has caused to be constructed or reconstructed any sewer, boulevard, street, alley, sidewalk, curb and gutter or other local improvements, and to pay the cost of the improvement has levied a special assessment against private property and issued special tax bills pursuant thereto, and the assessment or any part therefor or the special tax bills or any part thereof are adjudged invalid or unenforceable either in whole or in part by the final judgment of any Appellate Court of competent jurisdiction for any reason other than the failure of the contractor who has done the work to fully comply with his/her contract, the City may, by ordinance, make a new assessment or reassessment upon all land benefitted by the improvement, and in so doing, may if necessary, create a new assessment district and define its boundaries.
[1]
State Law Reference: For similar provisions, see § 88.107, RSMo.
[R.O. 1992 § 505.860; Ord. No. 4459 § 2, 9-16-1974]
Before any ordinance making provision for such reassessment or the creation of such assessment district shall be put upon its passage the City Council shall appoint a day upon which it will hear and consider any and all objections to such ordinance and shall give public notice of the time and place and matter thus to be considered which said notice shall be addressed to all persons interested, shall set forth in full the pending ordinance, shall state that at the appointed time and place all landowners within the assessment district defined by said ordinance and all persons interested, may appear before the City Council and be heard upon all matters pertinent to said ordinance, and shall be published once a week for two (2) weeks, the last publication to be at least one (1) week before such day of hearing in some newspaper in general circulation published in the City. After said hearing has been had, said ordinance may be passed, rejected or amended as justice may require.
[1]
State Law Reference: For similar provisions, see § 88.110, RSMo.
[R.O. 1992 § 505.870; Ord. No. 4459, § 3, 9-16-1974]
Such ordinance shall set forth the total amount of such new assessment and shall provide in what manner it shall be apportioned among the various lots and parcels of land included within the assessment district in said ordinance defined, giving due credit to each and every lot and parcel of land entitled thereto for all payments on a previous assessment for the improvement in question that shall appear from the City records to have been made on account of such lot or parcel and for any part of such previous assessment which, though unpaid, is a valid lien against such lot or parcel.
[1]
State Law Reference: For similar provisions, see § 88.113, RSMo.
[R.O. 1992 § 505.880; Ord. No. 4459 § 4, 9-16-1974]
The total amount of such new assessment shall be in such sum as is equitable under all circumstances. It shall in no case exceed that part of the previous assessment that is invalid and is unpaid at the time the ordinance levying the new assessment is introduced and where, because of lack of competitive bidding, or other cause, the value of the improvement, when made, was less than the contract price thereof, then the new assessment shall not exceed the fair value of the improvement in said time less all payments made on the original assessment and the amount of such part of the original assessment as is valid. No lot or parcel of land shall be assessed by said ordinance in a greater amount then the difference between the amount of the benefits it shall have received from the improvement and the credits to which it is entitled under Section 505.720; provided, however, that if through error or misconstruction, the amount of the new assessment should, in any case, be excessive under this provision because of the failure to give a proper credit or credits under Section 505.720, the new assessment shall not thereby be avoided, but any person owning or pecuniarily interested in any property which shall not have received due credit under the aforesaid provision shall be entitled to a proper reduction in an amount, in any proceeding brought to enforce such assessment or tax bill, or in any appropriate proceeding instituted for the purpose by him/her or them in the Circuit Court of the County.
[1]
State Law Reference: For similar provisions, see § 88.117, RSMo.
[R.O. 1992 § 505.890; Ord. No. 4459 § 5, 9-16-1974]
The final passage of any ordinance under the provisions of this Article shall be deemed a conclusive determination that the amount of the assessment therein made is in conformity with Section 505.730 and that each lot or parcel of land within the assessment district by such ordinance defined has been benefitted by the improvement in question in an amount at least equal to the assessment charged against it by such ordinance, plus all credits to which it is entitled under Section 505.720.
[1]
State Law Reference: For similar provisions, see § 88.120, RSMo.
[R.O. 1992 § 505.900; Ord. No. 4459 § 6, 9-16-1974]
As soon as may be after such ordinance has come into effect, special tax bills in favor of the record holder of the original defective bills against the various lots, tracts and parcels of land included within the assessment district in said ordinance defined shall be issued pursuant thereto by the proper officers, and all other appropriate steps to effectuate said ordinance shall be taken in the same manner and with like force and effect as in the case of the original assessment; and such new tax bills shall have the same attributes as the tax bills issued pursuant to original assessments for like improvements.
[1]
State Law Reference: For similar provisions, see § 88.123, RSMo.
[R.O. 1992 § 505.910; Ord. No. 4459 § 7, 9-16-1974]
This Article shall be liberally construed so as to prevent private property that has been in good faith benefitted by local public improvements from escaping payment of its just share of the value thereof; and shall apply to all cases wherein original assessments for local improvements are made. No reassessment shall be made under this Article unless the ordinance authorizing it is passed and becomes effective within two (2) years after the previous assessment has been declared to be avoided, in whole or in part. Parts of previous assessments which are not invalid under the ruling of some Appellate Court of competent jurisdiction are not in any way affected by Sections 505.700 through 505.750.
[1]
State Law Reference: For similar provisions, see § 88.127, RSMo.