The City may make such public improvements as are authorized by Section 3.06 of this Charter and by law. The power to make public improvements may be exercised within or without the City limits for the benefit of the City and its inhabitants.
All proceedings to make any public improvements except emergency
work or repairs requiring prompt attention, ordinary maintenance work,
work to be paid for out of the general fund of the City for which
specific provision was made in the budget, or work to be paid out
of the proceeds of any bond issue authorized by the vote of the people,
shall be initiated by the adoption of a resolution by the Council
declaring the necessity of such improvement, specifying the general
character and extent thereof, the material to be used therein in the
case of street improvements, the probable total cost, and method of
payment thereof. If a special benefit district is to be created, the
resolution shall set forth the proposed boundaries.
Upon the adoption of such resolution, the Council shall proceed to hold a public hearing if the improvement, other than emergency work or ordinary maintenance, is to be paid for in whole or in part out of the general funds of the City and specific provision therefor was not made in the budget, or the improvement is to be paid for in whole or in part by special bills which do not fall within the exceptions hereinafter set out in Section 10.06. Such public hearing shall be held not less than twenty (20) nor more than forty (40) days after the adoption of the resolution.
The Council shall cause a copy of such resolution, together
with notice of the date of the public hearing to be published for
two (2) consecutive issues in a newspaper of general circulation in
the City, the first (1st) of which shall be published at least fifteen
(15) days prior to the hearing. In addition, if the costs of such
public improvement are to be paid for in whole or in part by special
tax bills or other evidences of assessment upon real property, the
Council shall cause a copy of such resolution and notice to be mailed
to the last known place of abode of the owners of all property, according
to City records, against which it is proposed to assess benefits for
the payment in whole or in part of the cost and expense of such work
or improvement.
If the Council, after such public hearing, determines that it
is in the public interest that such improvement or any part thereof
be made, it shall by ordinance authorize such improvement, specify
the method of payment therefor, and if any portion of the cost of
the improvement is to be paid by special tax bills or assessments,
the portion to be so paid, the boundaries of the district within which
property is to be so assessed and the basis on which assessments will
be made.
If at least forty percent (40%) of the resident owners of property
who shall also own at least forty percent (40%) of the total front
feet owned by residents of the City abutting on the proposed improvement
or part thereof or included in a proposed special benefit district,
and which property would be liable for the cost of the improvement,
shall at least three (3) days prior to the public hearing file in
writing with the City Clerk their protest against such improvement,
the Council shall then authorize such improvement, only on the affirmative
vote of at least three-fourths (3/4) of the members.
The provisions of this Article relating to hearings and the
filing of protests shall not be applicable where the cost of the improvement
of any street or avenue to be paid for by special tax bills shall
not exceed the amount which cities of the third (3rd) class are now
or may hereafter be authorized by law to levy per front foot annually
upon the property abutting upon any street or avenue to be improved.
In such cases the Council shall cause a copy of the resolution declaring
the necessity for the improvement of the street or avenue, together
with notice of the date and time of the meeting at which the ordinance
authorizing such improvement will be finally acted upon, to be mailed
at least ten (10) days prior to the meeting to the last known place
of abode of the owners of all property, according to the City records,
against which assessments will be made.
Before the passage of any ordinance authorizing a public improvement,
the Mayor shall cause the City Engineer to prepare or have prepared,
plans and specifications for the proposed improvements and the said
plans and specifications shall become a part of the authorizing ordinance.
When public improvement work, except emergency work or repairs
requiring prompt attention, is to be done by contract, the Mayor shall
advertise for bids in the manner and upon such notice as may be prescribed
by ordinance. The Mayor may reject any and all bids and re-advertise
the work. On receipt of the bids, the Mayor, unless he exercise the
right of rejection, shall let the contract to the lowest responsible
bidder and shall cause the contract to be formally executed by himself
on behalf of the City and by the contractor. Such contract shall be
confirmed by ordinance before it becomes binding and effective. The
contractor shall be required to give bond for the faithful performance
of the contract and for the payment of all labor done and materials
used in the improvement.
Public improvements may be paid for in whole or in part out
of:
1.
The general funds of the City,
2.
The revolving public improvement fund herein authorized,
3.
The proceeds of bonds, and
4.
Special assessments on benefited property that may be evidenced by
special tax bills issued to the contractor.
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In case payment is to be made in whole or in part to the contractor
by special tax bills, the City shall in no event be liable for the
payment of such bills. Any such tax bills may be purchased by the
City from the contractor out of any funds available for such purpose.
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The Council, upon the completion of any public work to be paid
for by special tax bills, shall, by ordinance, direct the issuance
of such bills. The tax bills so authorized shall thereupon become
a lien upon the property charged therewith, which lien shall continue
for six (6) years from the date of issue, unless sooner paid or unless
suit be brought to collect the same within that time, in which case
the lien shall continue until the final termination of the proceedings
to collect.
There shall be no priority among special tax bills issued under
the Charter, regardless of the date of such bills. They shall be payable
to the party entitled thereto either at the office of the budget officer
or at some bank or trust company in Saint Louis City or County, at
the option of the party so entitled. They shall promptly be registered
in the office of the budget officer and delivered to the person entitled.
Special tax bills shall be prima facie evidence of what they
contain and of their own validity, and no mere informality or clerical
mistake in any of the proceedings shall be a defense. Such tax bills
shall mature at such times and bear such rate of interest as may be
prescribed by ordinance directing the issuance thereof, and at the
request of the property owner, made in writing to the budget officer,
at least thirty (30) days prior to the issuance of the bills, may
be made payable in annual installments, not exceeding five (5). On
default in the payment of any installment, the whole amount of the
special tax bill shall at the election of the holder, become due and
payable. All special tax bills authorized in this Article shall be
assignable.
All property, whether publicly or privately owned, within the
boundaries of any benefit district established by the Council, shall
be liable for special assessments made or special tax bills issued
against the property. Should any property deemed benefited by any
public improvement be exempt from assessment by virtue of any provision
of law, the proportionate share of the cost of the improvement which
would have been assessed against such property, shall be paid out
of City funds.
If any such special tax bill or special assessment fails to
be valid in whole or in part, or if for any cause, mistake, or inadvertence
the amount assessed shall not be sufficient to pay the cost of such
improvements, the Council shall have authority to cause such assessment
to be reassessed.
When any public improvements to be paid for in whole or in part
by special assessment are completed, the Mayor shall cause to be computed
the entire cost and expense thereof, including any cost or expense
incurred by the City. The Council shall levy and assess such cost
and expense, or the part to be paid by special assessment as a special
tax in accordance with the requirements of this Article.
The Council may make further provisions by general ordinance,
not inconsistent herewith, for special assessments, the issuance of
special tax bills, the manner and basis of assessment, the collection
thereof, and all matters incidental thereto.
There is hereby created a fund to be known as the "Revolving
Public Improvement Fund." Such fund may be established and
maintained from the following sources:
1.
Appropriation from the general revenue funds.
2.
Proceeds from bond issues as provided in this Charter.
3.
Collection of special tax bills or special assessments, and any interest
thereon levied or issued for public improvements previously paid for
out of said revolving improvement fund.
4.
The proceeds from the sale of special tax bills.
5.
Any other source permitted by law or by ordinance.
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Whenever the Council shall authorize the cost of any public
improvements or purchase of tax bills issued for any public improvement
to be paid out of the revolving public improvement fund, any special
assessment and the interest thereon that may be levied and collected
on account of such improvement, or the proceeds from the collection
of any such tax bills and interest shall be credited to and paid into
said fund.
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