[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:
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 _______________________.
Done at Bolivar, this the _____ day of _______________________.
Attest: ____________ _________________, City Clerk.
___________________________________, Mayor
[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:
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.
I certify this special tax bill to be correct, this _________ day of ____________________.
Attest: ________________________, City Clerk _________________________, Mayor
______________________________, Director of Public Works
[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.