[R.O. 2009 § 510.010; R.O. 2007
§ 510.010; Ord. No. 25 § 1,
NA; Ord. No. 2391A, 5-14-2003]
Except as provided below, all sidewalks
in the City shall be constructed and maintained at the expense of
the owners of the lots of property in front of which the same shall
have been or may by ordinance be required to be constructed, paved
or curbed. Notwithstanding the preceding provisions, the City may
elect to construct sidewalks from time to time at its expense and
all sidewalks so constructed by the City after June 1, 2003, shall
be maintained at the expense of the City; provided, however, that
the City shall have no obligation to remove snow or ice from any such
sidewalk.
[R.O. 2009 § 510.015; R.O. 2007
§ 510.015; Ord. No. 25 § 2,
NA; Ord. No. 2659, 10-12-2006]
Whenever the Board of Aldermen shall
deem it necessary to build any sidewalk along any street, avenue or
alley in this City or in front of any lot or property abutting thereon,
or when there shall be a petition presented to them, signed by at
least ten (10) citizens of this City, requesting the construction
of a sidewalk along any street, avenue or alley in this City or in
front of or along the side of any lot or property abutting thereon,
the Board of Aldermen shall by resolution declare such construction
necessary and shall cause an estimate of the cost thereof to be made
by the Director of Public Works or City Administrator. Immediately
after passing such resolution, each person or persons owning property
abutting said street, avenue or alley or part thereof affected by
such resolutions shall be notified to build a sidewalk as required
by the provisions of this Chapter.
[R.O. 2009 § 510.020; R.O. 2007
§ 510.020; Ord. No. 25 § 3, NA]
Such notice shall be signed by the
Mayor or person exercising the duties of Mayor and served by the Chief
of Police, acting Chief of Police or any Policeman of this City or
by any person appointed by the Mayor or person exercising the duties
of Mayor. Such notice may be served by delivering a copy thereof to
the owner or occupant of such property or lot or by leaving a copy
thereof at his/her usual place of abode, with a member of the family
over the age of fifteen (15) years and may be in the following form:
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Notice to build sidewalk. The City
of Bolivar to _________________________. You are hereby notified to
construct a _________________ class sidewalk in front of or along
side Lot _____, Block _____, on _____________________ Street, as provided
by Ordinance No. _____, approved the _____ day of _______________________.
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Done at Bolivar, this the _____ day
of _______________________.
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Attest: ____________ _________________,
City Clerk.
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___________________________________,
Mayor
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[R.O. 2009 § 510.025; R.O. 2007
§ 510.025; Ord. No. 25 § 4, NA]
In case any owner of property or
of any lot along any street, avenue or alley or part thereof affected
by the aforesaid resolution is unknown or if known is a non-resident
of Polk County or cannot be found within this City, such notice shall
be served upon his/her agent or by posting a copy thereof in some
conspicuous place on said property or lot.
[R.O. 2009 § 510.030; R.O. 2007
§ 510.030; Ord. No. 25 § 5, NA]
After the service of such notice,
all persons who shall elect to build such sidewalks themselves shall
immediately notify the Director of Public Works of their intention
to so do; and all such work done by the owners of property shall be
done under the supervision and control of the Director of Public Works
or other person having charge of the work on behalf of the City and
must be completed within thirty (30) days after service of such notice.
[R.O. 2009 § 510.035; R.O. 2007
§ 510.035; Ord. No. 25 § 6, NA]
If after the expiration of thirty (30) days after such service of notice any such sidewalks shall not have been built as required by Section 510.080 of this Chapter, then the Board of Aldermen shall have power to make contracts for the construction of the same, including grading therefor, with or without curbing; such contract shall be let to the lowest and best bidder upon plans and specifications filed therefor, with the City Clerk, by the engineer, Director of Public Works or Committee on Sidewalks, not less than one (1) week's advertisement for bids thereupon being made in some newspaper published in the City. This thirty-day period maybe extended to ninety (90) days by the City for good reason.
[R.O. 2009 § 510.040; R.O. 2007
§ 510.040; Ord. No. 25 § 7, NA]
Whenever the Board of Aldermen shall
have notice of any defective sidewalk in this City, they shall by
resolution condemn the same and order it removed and a new sidewalk
constructed in the place thereof and cause a copy of such resolution
to be served on the owner of the lot or property abutting the sidewalk
so condemned; said resolution may be served in the same manner as
provided for the serving of notices to build sidewalks.
[R.O. 2009 § 510.045; R.O. 2007
§ 510.045; Ord. No. 25 § 8, NA]
Sidewalks so condemned shall be removed and new sidewalks of the class required by Section 510.080 of this Chapter shall be constructed in place thereof within thirty (30) days after the service of the resolution provided for in the preceding Section.
[R.O. 2009 § 510.050; R.O. 2007
§ 510.050; Ord. No. 25 § 9, NA]
If at the expiration of said time said sidewalks shall not have been removed and new sidewalks built in place thereof, the Board of Aldermen shall have power to make contracts to have the same removed and new sidewalks constructed in place thereof; and the same proceedings shall be had as provided in Section 510.060 of this Chapter.
[R.O. 2009 § 510.055; R.O. 2007
§ 510.055; Ord. No. 25 § 10, NA]
Whenever any person or persons shall
contract to construct new sidewalks as provided under the provisions
of this Section or to remove sidewalks condemned and to reconstruct
new sidewalks in place thereof, said person or persons shall be paid
in special tax bills issued against the abutting property liable therefor;
such tax bills shall bear interest after thirty (30) days from date
of issue at the rate of eight percent (8%) per annum and shall be
a lien upon such property until paid and may be in the following form:
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Mayor's Office, Bolivar, Missouri,
_______________, _______________ to DR. To amount chargeable to Lot
______, Block _______, in _______________ on _______________ Street,
due for laying a _______________ class sidewalk on the _______________
side of _______________ Street in front of or along side said lot,
as provided by Ordinance No. _______________, approved _______________.
I hereby certify that the work of constructing said _______________
class sidewalk is completed and in accordance with the provisions
of Ordinance No. __________ of the City of Bolivar, Missouri, approved
the ______ day of _______________. That when said work was done I
computed the cost thereof and made out this special tax bill in favor
of _____________________, the contractor and against the above described
lot or parcel of land, which fronts on and adjoins that side of the
said street or avenue where such sidewalk was laid and against the
said ___________________, who________ the owner thereof.
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I certify this special tax bill to
be correct, this _________ day of ____________________.
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Attest: ________________________,
City Clerk _________________________, Mayor
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______________________________, Director
of Public Works
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[R.O. 2009 § 510.060; R.O. 2007
§ 510.060; Ord. No. 25 § 11,
NA; Ord. No. 2659, 10-12-2006]
Whenever the City shall advertise for bids for the construction of any new sidewalks of any kind or for the removal and reconstruction of new sidewalks in the place of sidewalks condemned and shall receive no bids therefor, the City may proceed to construct or remove and reconstruct any such sidewalks at its own expense and shall keep an accurate account of the amount expended for labor and material, including filing and grading, opposite each lot or piece of ground and present the same to the Board of Aldermen for assessment and each lot or piece of ground abutting on the sidewalks constructed shall be liable for the costs thereof, as reported to the Board of Aldermen by the Director of Public Works or City Administrator, and special tax bills shall be issued for the amount thereof and may be in same form as those mentioned in Section 510.055 of this Chapter.
[R.O. 2009 § 510.065; R.O. 2007
§ 510.065; Ord. No. 25 § 12,
NA; Ord. No. 2659, 10-12-2006]
Whenever the Director of Public Works
shall discover or be informed that any sidewalk or portion thereof
is out of repair, he/she shall immediately repair the same or cause
it to be done and keep an accurate account of the cost thereof and
each lot or piece of ground abutting on such sidewalk, street, avenue
or alley or part thereof shall be liable for its part of the cost
of such work, made along or in front of such lots or piece of ground,
as reported to the Board of Aldermen and special tax bills shall be
issued against said lot or piece of ground as provided in the preceding
Section of this Chapter.
[R.O. 2009 § 510.070; R.O. 2007
§ 510.070; Ord. No. 25 § 13, NA]
All such special tax bills issued
shall bear interest after thirty (30) days from the date of issue
at the rate of eight percent (8%) per annum and shall be assignable
and transferable and shall be a lien upon all the property described
herein and shall be prima facie evidence of the regularity of the
proceedings for such special assessment and of the furnishing of the
materials as charged for and of the liability of the property to be
charged as stated in such special tax bill.
