[CC 1984 §10.010; Ord. No. 267, 7-17-1984; Ord. No.
363 §10.010, 5-16-1989; Ord. No. 527A §10.010, 10-5-1998]
The Board may provide for the financing for constructing and
repairing of sidewalks and sidewalk curbing and for sewers and for
grading, paving, excavating, macadamizing (shoot and chip), curbing
and guttering of any street, avenue, alley or road within the City
limits and repairing the same or for erecting or maintaining gas works,
electric light works, light works of any other kind or name, lampposts,
electric light poles or other apparatus to light the streets and for
erecting and maintaining waterworks for the City or any other improvements
now or hereafter set forth in Sections 88.667 to 88.797, 88.090 to
88.560, and 88.811 to 88.861, RSMo., through the utilization of special
assessments in the manner set forth in this Article.
[CC 1984 §10.020; Ord. No. 267, 7-17-1984; Ord. No.
363 §10.020, 5-16-1989]
Any property benefitted by the project on which the Board has
authorized new or updating of existing improvements in accordance
with this Article shall be liable for a special tax to pay the costs
of such improvements. The tax shall be levied on each property owner
in accordance with the linear feet of said property abutting on the
street, avenue, alley or other road. This special tax shall be known
as a "special assessment" against the real property.
[CC 1984 §10.030; Ord. No. 267, 7-17-1984; Ord. No.
363 §10.030, 5-16-1989]
If the Board shall consider any new or updating of existing
improvements to be necessary and in the best interest of the City,
they shall pass a resolution declaring the new or updating of improvements
to be necessary. The resolution shall be published in some newspaper
published in the City for seven (7) consecutive insertions in a daily
paper or two (2) consecutive insertions in a weekly paper.
When the Board of Alderpersons shall deem it necessary to pave,
macadamize, gutter, curb (when such is set out in the street beyond
the sidewalk) or otherwise improve any street, avenue, alley or other
highway, or any part thereof, within the limits of the City for which
a special tax is to be levied as herein provided, the Board of Alderpersons
shall, by resolution, declare the work or improvements necessary to
be done, and cause the resolutions to be published in some newspaper
published in the City for seven (7) consecutive insertions in a daily
paper or two (2) consecutive insertions in a weekly paper. If a majority
of the owners of the property liable to taxation therefor, residing
in the City at the date of the passage of such resolution, shall not,
within ten (10) days from the date of the last insertion of the resolution,
file with the City Clerk their protest against, then the Board of
Alderpersons may cause the improvements to be made, and to contract
therefor, and to levy the tax as herein provided. The findings of
the Board that a majority of such owners have not filed protest shall
be conclusive and final. No publication shall be necessary for the
making of any sidewalks, but upon the petition of any ten (10) citizens
of the City the Board of Alderpersons may make contracts for the construction
of sidewalks, including grading therefor, with or without curbing,
along any street, avenue or other public highway, or any part thereof
whatever. The contract shall be let to the lowest and best bidder,
upon plans and specifications filed therefor by the City Engineer
or other officer designated by the Board of Alderpersons, with the
City Clerk, not less than one (1) week's advertisement for bids thereupon
being made in some newspaper published in the City. When upon proper
advertisement no bid is received, the Board of Alderpersons may proceed
as provided in Section 88.826, RSMo.
[CC 1984 §10.050; Ord. No. 267, 7-17-1984; Ord. No.
363 §10.050, 5-16-1989]
The Board shall order the City Engineer or other officer designated
by the Board to prepare the plans and specifications for such new
or updating of existing improvement project. An estimate shall also
be prepared of the cost of the project. The plans, specifications
and cost estimate shall be filed with the City Clerk and shall be
subject to public inspection. Notice that the plans, specifications
and cost estimates are on file with the City Clerk and shall be published
for two (2) consecutive weeks in a weekly newspaper of general circulation
in the City.
[CC 1984 §10.060; Ord. No. 267, 7-17-1984; Ord. No.
363 §10.060, 5-16-1989]
Upon the request of three (3) or more citizens of the City,
a public hearing must be held before the Board regarding the feasibility
and desirability of any project to be financed by special assessment.
At the hearing, citizens may express their approval or objection to
the project. The Board is under no obligation to alter or discontinue
the project after such public hearing.
[CC 1984 §10.070; Ord. No. 267, 7-17-1984]
The City shall advertise for bids upon the plans and specifications
filed with the City Clerk for at least one (1) week in a newspaper
of general circulation in the City. The Board shall let the contract
for the improvement project to the lower and best bidder, provided
that no contract shall be entered into for any work or improvement
at a price exceeding the cost estimate filed with the City Clerk.
[CC 1984 §10.080; Ord. No. 267, 7-17-1984]
If no bids are received or no bids are received which are equal
to or lower than the cost estimate filed with the City Clerk, the
City may perform the work at its own expense. The City shall keep
an accurate record of the amount expended for labor and material for
the part of the project abutting each piece of real property and shall
present that accounting to the Board for the issuance of special assessments.
[CC 1984 §10.090; Ord. No. 267, 7-17-1984; Ord. No.
363 §10.090, 5-16-1989]
The City shall then issue special tax bills to the owners of
the real property benefited by the project. The special tax bill shall
be issued in favor of the contractor performing the work or in favor
of the City if the work is performed by the City. The 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. The special tax
bill shall be due sixty (60) days after the date of its issue. If
not paid within that time, the tax bill shall accrue interest at the
rate of ten (10) year United States Treasury notes as established
at the most recent auction from the date on which such bill is due
until the date of payment. Every special tax bill shall become a lien
against the property described in the special tax bill for a period
of ten (10) years after the date of its issuance, unless the bill
is paid prior to that time.
[CC 1984 §10.100; Ord. No. 267, 7-17-1984]
Any error made in issuing any tax bill may be corrected by the
City Clerk either by interlineation or by issuing a new tax bill in
lieu of the erroneous one. Any change by interlineation shall be certified
to by the Clerk on the margin or back of the tax bill.
[CC 1984 §10.110; Ord. No. 267, 7-17-1984; Ord. No.
363 §10.110, 5-16-1989]
The property owner liable for a special tax bill may be allowed
to pay his/her special tax bill or bills in ten (10) annual installments.
The taxpayer may then be allowed to pay the special tax bill or bills
by making annual payments of one-tenth (1/10th) of the total amount
of the special tax bill or bills plus interest on the outstanding
balance of the tax bill or bills at the rate of ten (10) year United
States Treasury notes as established at the most recent auction from
the date on which such bill is due until the date of payment. The
property owner shall have the right to pay the entire outstanding
balance of the tax bill in full at any time or to pay on any installment
payment date one (1) or more of the remaining installments not yet
due and owing. If any annual installment or the interest thereon is
not paid when due, then all of the remaining installments shall become
immediately due and payable at the option of the holder of the tax
bill.
[CC 1984 §10.120; Ord. No. 267, 7-17-1984]
The City Clerk is responsible for keeping a record of all special
tax bills in the form of an abstract for each tax bill. The abstract
shall include the date of the special tax bill, the name of the property
owner liable for the special assessment, the name of the person or
entity in whose favor the tax bill was issued, the legal description
of the property subject to the lien, the street on which the property
is located, the amount of the tax bill, the type of improvement financed
by the special tax bill and the name of the new owner of the tax bill
if the tax bill is assigned.
[CC 1984 §10.130; Ord. No. 267, 7-17-1984]
Property owner may either pay the owner of the tax bill directly
or may pay the amount of the tax bill to the City Collector. If paid
to the City Collector, the Collector shall make duplicate receipts,
with one (1) copy going to the person paying the tax bill and the
other to be filed with the City Clerk. When a tax bill is completely
paid, the City Clerk shall note the filing of the receipt on the margin
of the abstract of the tax bill and shall mark the abstract cancelled,
signing and dating the cancellation. The cancellation shall have the
effect of extinguishing all liability or right of action on the tax
bill.
[CC 1984 §§10.140 — 10.170; Ord. No. 267, 7-17-1984]
A.
Authorization Of Limited Street Improvements. The Board
may authorize by ordinance any sprinkling, oiling, repair, surfacing
or resurfacing of any street, avenue, alley or other road within the
City in all cases where the cost of the work does not exceed two dollars
($2.00) per linear front foot per year upon the property abutting
upon the street, avenue, alley or other road.
B.
Payment For Improvements. The cost of the improvements shall
be provided for by a special assessment against the adjoining property
where the work is done in the proportion that the front footage of
each lot bordering on the street, avenue, alley or other road bears
to the total amount of front footage of all the property chargeable
with the special assessment. The Board may if it so desires specify
that payment for the improvements may be made out of the General Revenue
Fund or other fund in whole or in part.
C.
Performance Of Work. The City may perform the work described
in this Section with its own crews or may contract for the work to
be performed.
D.
Special Tax Bills. Special tax bills shall be issued to the property owners of all property liable for its special assessment under this Section. The special tax bill shall become a lien on the property and shall be prima facie evidence of the liability of the property charged in the bill to the extent and amount therein specified. The special tax bill may be collected from the owner of the land by the municipality or contractor in any court of competent jurisdiction with interest on that bill at the rate of eighteen percent (18%) per annum in the event that Section 510.110 is not applicable or there is default in the payment of any special tax bill. Other provisions for the issuance, collection and recording of special tax bills under this Section shall be the same as set forth in Sections 510.110 through 510.150 of this Article.
