[R.O. 1991 § 525.010; Ord. No. 458 § 7, 10-7-1980]
The Board of Aldermen, upon the petition
of any ten (10) citizens of a nine-square block area of the described
tract of ground of said petition shall have the power to 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. Such contract shall be let to the lowest and
best bidder upon plans and specifications filed therefor by the City
official designated by the Board of Aldermen with the City Clerk,
not less than one (1) week advertisement for bids thereupon being
made in a newspaper published in the City of Vandalia.
[R.O. 1991 § 525.020; CC 1978 § 63.020]
A. Whenever the City shall advertise for bids
for the construction of any new sidewalks of any kind and shall receive
no bids therefor, the City may proceed to construct or reconstruct
any such sidewalks at its own expense, and shall keep an accurate
account of the amount expended for labor and material, including grading
and filling, 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 sidewalk constructed or reconstructed shall
be liable for the cost thereof as reported to the Board of Aldermen
by the officer or committee having charge of the matter, and a special
tax bill or bills shall be issued for the amount thereof. The assessment
hereunder shall be levied by ordinance, in which ordinance there shall
be set out separately:
1.
The number, if any, and title of
the ordinance under authority of which the work is done.
2.
A separate description of each lot,
tract or parcel of ground assessed.
3.
The name of the owner thereof.
4.
The number of front feet therein
abutting on said improvement.
5.
The separate items or cost of said
improvement.
B. Said assessment ordinance shall further
provide for the making out of a special tax bill or bills by the City
Engineer or other person therein designated in evidence of said assessment,
payable to the City or the contractor or to any person for and to
the use of said City as the Board of Aldermen may direct, and shall
be collected as other tax bills.
[R.O. 1991 § 525.030; CC 1978 § 63.030]
A. A separate tax bill shall be issued against
each lot, tract or parcel of ground against which a special assessment
has been made, and shall state therein:
1.
A brief general statement of the
facts authorizing its issue.
2.
The amount for which it is issued.
3.
A description of the land against
which it is issued.
4.
The name of the contractor to whom
it is issued.
5.
The rate of interest which it bears,
and when it begins to bear interest.
6.
That it is a special lien against
the land therein described.
7.
The time that the lien continues.
B. Said tax bill or bills shall be due and
payable in sixty (60) days from the date of issue thereof, and shall
be and become a lien upon the property charged therewith from the
date of issue of such bills, and shall be prima facie evidence of
the liability of the property charged therewith to the extent and
amount therein specified, and if said tax bills be not paid on or
before the sixty (60) days from the date of issue thereof, they shall
bear interest at the rate of eight percent (8%) per annum from such
sixty (60) days from the date of issue. Said special tax bill may
be paid in ten (10) annual installments, as provided in Section 88.816,
RSMo. Said lien shall continue for a period of three (3) years from
and after sixty (60) days from the date of issue of such bills or
until final determination of any legal proceeding to collect the same.
Said tax bills shall be assignable by the City or any other owner
thereof as any other evidence of debt, and the assignee thereof shall
succeed to all the rights and privileges herein given to the original
holder.
[R.O. 1991 § 525.040; CC 1978 § 63.040]
On any suit or proceeding to enforce
collection of any special tax bill issued as herein provided, it shall
be only necessary for the owner thereof to charge in a petition that
such an amount is due from the defendant to the plaintiff for the
building of such sidewalk made by virtue of said ordinances, giving
their title and date of adoption, provided that nothing in this Chapter
shall be construed to prevent any defendant from pleading and proving
in contesting any bill any mistakes or error in the amount thereof
or that the work mentioned was not done in a good and workmanlike
manner, and further if it be pleaded and proved on trial that the
work for which the bill was issued was not done according to the terms
of the contract made by the contractor with the City, then the plaintiff
or plaintiffs shall recover thereon only the actual value of the work
done, with interest at six percent (6%) from date, if of any value;
and if not of any value, the judgment shall be for the defendant.
No suit for the collection of any tax bill shall be defeated or effected
by any irregularity effecting other bills invalid in whole or in part,
and provided further that if at any time it is found there has been
error in the issue of any tax bill or any assessment, or error made
in the mode or manner of making any assessment, the same shall be
corrected and reassessment made, if necessary to correct the mistake,
by the proper officials, and said assessment shall be as binding and
in all respects the same as if no previous assessment had been made
or tax bills issued.
[R.O. 1991 § 525.050; Ord. No. 458 § 7, 10-7-1980; Ord. No. 13-1132 §§ I – –II, 10-10-2013]
A. Any property owner who is placing sidewalks
on a City right-of-way shall first obtain a building permit, obtained
at City Hall and approved by normal building permit procedures. No
construction shall begin until said permit has been approved and the
owner notified.
1.
Residential Specifications.
a.
All sidewalks shall be constructed
of concrete, a minimum of forty-eight (48) inches in width, a minimum
of four (4) inches thick and shall contain reinforcing mesh or other
approved reinforcement. All sidewalks shall also be constructed with
a minimum of two (2) inches of compacted base gravel or other approved
base material.
b.
All sidewalks shall be broom finished,
and meet ADA requirements.
2.
Commercial Specifications.
a.
All sidewalks shall be constructed
of concrete, a minimum of seventy-two (72) inches in width, a minimum
of four (4) inches thick and shall contain reinforcing mesh or other
approved reinforcement. All sidewalks shall also be constructed with
a minimum of two (2) inches of compacted base gravel or other approved
base material.
b.
All sidewalks shall be broom finished,
and meet ADA requirements and match existing sidewalks in the block.