[Ord. No. 12.207 §1, 4-6-1981]
The construction, repairing and condemning of sidewalks within
the City of California, Missouri, shall be regulated and controlled
and governed by this Article except as may be otherwise specially
provided by ordinance.
[Ord. No. 12.207 §2, 4-6-1981]
No person shall construct or repair any sidewalk, or reconstruct
or change the guttering or curbing adjacent thereto, without first
obtaining authority to do so from the Board of Aldermen. All work
of constructing or repairing sidewalks, curbing or drain pipes, or
grading or other preparation for same, shall be done under the direction
and supervision of the City.
A.
Whenever
the Board of Aldermen shall determine to have any sidewalk built or
repaired, as contemplated by Section 88.804, RSMo., the Board of Aldermen
shall cause at least ten (10) days' notice, in writing, to be served
on the owner or owners of any such property or lot in the City which
said notice shall require such owner or owners of such property or
lot to begin to build, repair and complete the building and repairing
of any such sidewalk in a reasonable time thereafter; which said notice
shall contain a description of each property or lot as aforesaid,
and a general description of the character of such sidewalk, giving
the length and breadth of such sidewalk and the material of which
all or any part thereof shall be composed; and if, at the expiration
of fifteen (15) days after the service of said notice, if in writing,
or if by publication, at the end of four (4) weeks after such publication,
said owner or owners, as aforesaid, shall not, in good faith, have
commenced to build and repair any such sidewalk as aforesaid, and
complete the same in a reasonable time thereafter in the judgment
of the Board of Aldermen, said Board of Aldermen shall cause such
sidewalk to be built or repaired at the expense of the City, the cost
and expense of which shall constitute a lien on the property or lot
along which such sidewalk may be built or repaired as aforesaid, and
the City may enforce the said lien against such property or lot in
any court of competent jurisdiction, and a bill duly certified by
the Treasurer of the City to be a true and correct statement of the
amount expended or paid by the City for the construction or repair
of such sidewalk shall be prima facie evidence in any court that the
amount therein stated is correct and constitutes a legal lien against
the property or lot along which said sidewalk is constructed or repaired
as aforesaid; provided, the owner or owners of said property or lot
may pay into the treasury of the City the cost and expense of building
or repairing said sidewalk by the City, at any time before the sale
of the said property or lot for such cost and expense.
B.
Notice. If the notice in writing cannot be personally served in the City as provided in Subsection (A), or if the owner or owners are unknown and cannot be personally served, the Board of Aldermen shall cause four (4) weeks' notice to be published in the English language, in some daily or weekly newspaper published in the County in which the property or lot is situated, setting forth all the facts required in the written notice in Subsection (A).
[Ord. No. 12.207 §4, 4-6-1981]
In the event any owner or owners of property notified to construct
a sidewalk as aforesaid fails to do so within the time limit aforesaid,
the Board of Aldermen shall thereupon, by ordinance, order the construction
of such sidewalk or sidewalks and order the City to prepare and submit
to and file with the Board of Aldermen an estimate of the cost thereof
and order the engineer to advertise for bids for the construction
of such sidewalk or sidewalks, such advertisement to be published
in two (2) consecutive issues of some weekly newspaper printed and
published in said City of California, the first (1st) insertion in
such weekly newspaper to be not less than ten (10) days before the
date on which such bids are to be opened by the Board of Aldermen.
[Ord. No. 12.207 §5, 4-6-1981]
The aforesaid notice and advertisement shall state such facts
as to fully inform the bidders concerning the proposed improvements
and the time when the bids will be opened by the Board of Aldermen.
All such bids shall be sealed and filed with the City Clerk and shall
be opened by the Board of Aldermen at the time specified in said notice
or as soon thereafter as can be done. Each bid shall be accompanied
by a certified check in an amount equal to fifteen percent (15%) of
the engineer's estimate of costs, which check shall be made payable
to the City of California, Missouri, and shall be cashed and the proceeds
thereof become the absolute property of said City in the event the
successful bidder should refuse or fail to enter into the hereinafter
mentioned contract and bond within the specified time, and in which
event the Board of Aldermen may order a new advertisement for bids.
The checks of unsuccessful bidders shall be returned to them and the
check of the successful bidder shall be returned to him/her when he/she
enters into the required contract and bond within the required time.
The Board of Aldermen may award the contract for such work to the
lowest and best bidder for same, provided no contract shall be awarded
for any such work or improvements for a price exceeding the City's
estimate of cost of such work. Said award shall be by ordinance. The
Board of Aldermen may, in its discretion, reject any and all bids.
[Ord. No. 12.207 §6, 4-6-1981]
Every person whose bid for public work or improvement mentioned
in this Article is accepted and to whom a contract therefor is awarded
by the City shall, within ten (10) days after such acceptance, enter
into a written contract with said City to do and complete the same
according to plans and specifications and the ordinances of the City
within the time agreed upon and without negligence causing or tending
to cause damage to private property for which the City might be liable,
and providing that in all cases where the work is to be paid for by
special tax the contractor shall accept payment for said work in special
tax bills against the property liable therefor, and that the City
shall not, in any event, be held liable for any sum whatever for the
doing of such work. Said contract shall be signed by the Mayor on
behalf of the City, whose signature shall be attested by the City
Clerk and the Seal of the City, and shall be in duplicate, one (1)
of which shall be held by the City on file in the office of the City
Clerk. The successful bidder, at the time the contract is entered
into, shall execute a bond to the City of California, Missouri, with
good and sufficient sureties, in an amount equal to the estimate of
cost, conditioned for the faithful performance of the contract and
every part thereof and for strict compliance with each and every requirement
and agreement of the contract and further conditioned for the payment
of material, lubricants, oil and gasoline used in or consumed in the
construction of the work to be done and for all labor performed in
such work, whether by subcontractor or otherwise. Such bond shall
be subject to the approval of the Mayor and shall be filed with the
City Clerk.
[Ord. No. 12.207 §7, 4-6-1981]
A.
All
work done under contract and entered into under the provisions of
this Article shall be done and carried on under the supervision and
direction of the City who shall inspect the work as it progresses
and see that same is done in accordance with the specifications, contract
and ordinances governing same. Each part thereof must be approved
by the construction supervisor before that portion of the work next
to follow it is commenced.
B.
On
the completion of any such work in accordance with the specifications,
contract and ordinances of the City, the City shall report the completion
thereof to the Board of Aldermen in writing and shall file with the
Board of Aldermen a written apportionment of the cost of such work,
under said contract, showing the total number of feet of each piece
of abutting property chargeable with special tax therefor, and the
amount of grading and filling done opposite each lot or piece of ground,
and the cost thereof under the contract, and the total amount chargeable
against each lot or piece of ground, and the legal description of
each lot or piece of ground chargeable with special tax and the name
of the owner or owners thereof; provided, that corner lots shall be
charged with the cost of constructing the extension of sidewalks from
the corner of the lot to the curb lines each way.
C.
The
Board of Aldermen, if it finds that said work has been completed according
to specifications, contract and the ordinances of said City, shall
so signify by accepting said work by ordinance. The Board of Aldermen
shall thereupon by ordinance proceed to levy and assess a special
tax against each lot or piece of ground abutting upon said sidewalk
for the part of the total cost of said improvement for which such
lot or piece is liable, in proportion to the front foot thereof, in
the name of the owner or owners of such lot or piece of ground.
The assessments made for constructing and repairing sidewalks
and sidewalk curbing, and for sewers, and for grading, paving, excavating,
macadamizing, curbing and guttering of any street, avenue, alley,
square, or other highway, or part thereof, and repairing the same,
or for any other improvement authorized by Sections 88.497 to 88.663,
and Sections 88.667 to 88.773, and Sections 80.090 to 80.560, and
Sections 88.777 to 88.797, and Sections 88.811 to 88.861, RSMo., shall
be known as "special assessments for improvements", and shall be levied
and collected as a special tax, and a special tax bill shall issue
therefor and be paid in the manner provided by ordinance. The Board
of Aldermen shall cause plans and specifications for all projects,
together with an estimate of the total cost for the projects, including
construction, construction contingency and fees and other expenses,
and an estimate of the portion of the total cost to be assessed against
each property to be benefited by the project, to be prepared by the
city engineer or other proper officer, and filed with the Clerk, subject
to the inspection of the public, and shall cause notice thereof to
be published in some newspaper printed in the County for two (2) consecutive
insertions in a weekly paper, and for seven (7) consecutive insertions
in a daily paper. A public hearing shall be had before the Board of
Aldermen upon the request of three (3) or more citizens of California,
Missouri, at which hearing citizens may express their assent or objection
to such project. These 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, and tax bills may bear interest not to
exceed the rate on ten (10) year United States treasury notes as established
at the most recent auction; all the tax bills shall become due and
payable sixty (60) days after the date of issue thereof, except in
the case of tax bills payable in installments as herein provided;
and, every special tax bill shall be a lien against the lot or tract
or parcel of land described in said special tax bill for a period
of ten (10) years after date of issue, unless sooner paid, except
in the case of special tax bills payable in installments, the lien
of which shall not expire until one (1) year after the date of maturity
of the last installment, and except in any case where it becomes necessary
to bring a suit to enforce the lien of any special tax bill, the lien
of which shall continue until the expiration of the litigation.
Whenever the Board of Aldermen shall advertise for bids for
the construction of any new sidewalk of any kind, or for the construction
of new sidewalks in the place of sidewalks condemned, or whenever
the City shall advertise for bids for paving, macadamizing, guttering,
curbing, or otherwise improving any street, avenue, alley or other
highway or any part thereof, and shall receive no bids therefor, the
City may proceed to construct or reconstruct any sidewalks, or pave,
macadamize, gutter, curb or otherwise improve any street 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, or other street improvement made, shall
be liable for the costs thereof, as reported to the Board of Aldermen
by the officer or committee having charge of the matter, and special
tax bills shall be issued for the amount thereof, payable to the City,
against each lot or piece of ground for the amount for which it is
liable. In making the assessment there may be as many assessments
included in one ordinance as there are lots or pieces of ground reported
as having received resulting benefits from the improvement. The special
tax bills payable to the City shall be as valid in all respects as
other tax bills provided herein, and where any tax bill has been assigned
the City shall not in any event be liable for any cost that may accrue
in any court action brought in the name of the City to the use of
the holder thereof, nor shall the City be liable for the amount of
any tax bill after the same is so assigned.
[Ord. No. 12.207 §9, 4-6-1981]
Whenever the City shall advertise for bids for the construction
of any new sidewalks of any kind, as provided in this Article, or
for the construction of sidewalks in place of sidewalks condemned
by ordinance or resolution, and shall receive no bids therefor, the
City may by ordinance direct the City to construct or reconstruct
said sidewalk at its own expense, and the City shall keep an accurate
account of the amount expended for labor and materials, 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 costs thereof, as reported to the Board of
Aldermen by the City, and the Board of Aldermen shall thereupon levy
and assess a special tax against each lot or piece of ground abutting
on the sidewalk constructed or reconstructed for the amount for which
such lots or pieces of ground are liable and special tax bills shall
be issued therefor, in accordance with the ordinances of the City
and the Statutes of the State of Missouri, said tax bills to be made
payable to the City of California for and to the use of the City.
Such tax bills shall be due thirty (30) days after date of issue and
shall bear interest at the rate of eight percent (8%) per annum from
thirty (30) days after date of issue, and each such tax bill shall
be a lien on the lot or ground described therein for a period of three
(3) years after maturity, or until final determination of any legal
proceedings to collect same. In no event shall the City be liable
for any tax bill or the amount thereof after the same has been assigned.
Such tax bills shall, in an action brought thereon, be prima facie
evidence of the validity of the bills, of the doing of the work and
furnishing of the materials charged for and of the liability of the
property described therein to the charge stated in the bill.
[Ord. No. 12.207 §10, 4-6-1981]
In addition to the powers herein granted, the Board of Aldermen
may, by ordinance or resolution, condemn wooden and defective sidewalks,
and may remove walks so condemned, and may provide for the construction
of new sidewalks in the place of walks so condemned and removed and
as provided elsewhere herein or by State law.
[Ord. No. 12.207 §11, 4-6-1981]
Whenever any person notified to remove a condemned sidewalk
and construct a new sidewalk in the place thereof fails or neglects
to do so within the required time, the Board of Aldermen shall proceed
with the construction of the new walk in all particulars as hereinabove
provided in this Article in reference to the construction of sidewalks
by contract or by the City as the case may be and, in case such walk
is to be constructed by contract, then immediately before the contractor
is ready to commence work, the Street Commissioner shall remove the
condemned sidewalk, and in case no bids are received for the construction
of such walk and same is to be constructed by the City as hereinabove
provided, then immediately before the City is ready to commence work
on such sidewalk construction, the condemned walk shall be removed
by the Street Commissioner, and in either of the two (2) events last
named, the expense of the removal of the condemned walk shall be paid
by the City.
[Ord. No. 12.207 §12, 4-6-1981]
All sidewalks hereafter constructed in the City of California,
both in places where no sidewalks now exist and where sidewalks are
condemned and removed, when not specifically otherwise provided by
ordinance, shall be constructed one (1) foot from the property line
and the grade of same shall be according to the existing grade of
the street along which such sidewalk extends.
The Clerk shall on completion of all special tax bills enter
an abstract thereof in a special book provided for that purpose. Said
abstract shall recite the date of the tax bill, the name of the property
owner and of the person in whose favor it is issued, and a description
of the property subject to the lien, and the street upon which it
abuts, amount of the tax bill, and the character of the improvement
for which it is issued. When any tax bill is assigned, the assignment
shall be noted thereon, and the assignee shall exhibit the same to
the City Clerk, who shall, on the margin of said tax bill, appropriately
note the assignment. The party liable to pay the tax bill may either
pay the owner of the tax bill, or he/she may pay the amount of the
tax bill to the collector of the City, who shall accept the money
and make out duplicate receipts therefor, one of which he/she shall
deliver to the person so paying the tax bill and the other he/she
shall file with the Clerk of the City. And thereupon the Clerk shall
note the filing of the receipt on the margin of the abstract of the
tax bill, and shall mark the latter "canceled", and shall affix his/her
name to the cancellation, with the date thereof. The cancellation
shall have the effect to extinguish all liability or right of action
on the tax bill. The Collector, on the presentation to him/her of
the tax bill by its owner, shall pay to him/her the amount thereof,
taking duplicate receipts therefor, one of which he/she shall file
with the Clerk, who shall note it on the margin of the abstract of
the tax bill, and the other the Collector shall retain. The Collector
shall be liable on his/her bond for said collections, and shall be
paid two percent (2%) thereof for his/her services.
[Ord. No. 12.207 §14, 4-6-1981]
A.
Concrete
sidewalks hereafter constructed shall conform to the following requirements
and specifications:
1.
They shall be four (4) inches in thickness, except when otherwise
specifically provided by ordinance and of the width specifically provided
by ordinance in each case.
2.
All cement used shall be best quality Portland cement and shall be
in first-class condition when used. No bags of same shall be used
which show hardening or other deterioration.
3.
The fine aggregate used shall be of good quality, clean and sharp
and free from dirt and organic matter. It shall be well graded from
coarse (that which passes a one-quarter (¼) inch circular screen)
to fine (that which is retained on a number one hundred (100) mesh
screen).
4.
The coarse aggregate used shall consist of good quality crushed stone
chat or gravel, hard, tough and durable. It shall contain no shale,
slate coal, mud balls, sticks, vegetable or other deleterious matter.
Aggregate containing an excess of soft, thin, elongated or laminated
pieces shall not be used. All coarse aggregate shall be well graded
in size from that passing a one and one-half (1½) inch circular
screen to that size retained on a one-quarter (¼) inch circular
screen. If pit gravel is used, it shall conform to the above specifications
for fine and coarse aggregate and shall, if necessary, be washed to
conform to such specifications. Pit run gravel shall be separated
by screening into coarse and fine aggregate and remixed in the proportions
herein specified.
5.
The water used in the mixing and curing shall be reasonably clean
and shall be free from injurious amounts of oil, acid, alkali, salts
and organic matters and other deleterious substances.
6.
The forms shall be of steel or wood of good and substantial quality
and of such dimensions as first-class workmanship requires in each
case. When built of wood, the lumber shall be of two (2) inch stock.
The forms shall be built and braced in a substantial and unyielding
manner true to line and grade.
7.
The subgrade shall be shaped to conform to grade requirements. It
shall be tamped thoroughly to present a smooth, firm, unyielding stratum.
8.
The concrete for the base course shall consist of one (1) part Portland
cement, two (2) parts of fine aggregate, and five (5) parts of coarse
aggregate. The top of wearing surface shall consist of one (1) part
cement and one (1) part sand, and such top surface shall be of a uniform
thickness of one-half (½) inch and shall be thoroughly smoothed.
9.
The materials for each batch of concrete shall be measured separately
in a definite measure so that uniform proportion by the manufacturer
and containing ninety-four (94) pounds net shall be considered as
one (1) cubic foot. Fine and coarse aggregate shall be measured loose.
10.
Concrete shall be thoroughly mixed in a batch mixer of a standard
size and type so designed as to insure uniform distribution of the
materials throughout the mass. All materials, including water for
each batch of concrete, shall be mixed for a period of at least one
(1) minute. During the period of mixing, the drum shall operate at
a speed of not less than fourteen (14) nor more than twenty (20) revolutions
per minute. The entire contents of the mixer shall be removed from
the drum before materials for the succeeding batch are placed therein.
11.
Bags of cement containing lumps or crusts of hardened material shall
not be used.
12.
Any concrete which has developed initial set or has been mixed more
than thirty (30) minutes shall not be used.
13.
The first (1st) batch of concrete materials shall contain an additional
quantity of sand, cement and water sufficient to coat the inside surface
of the drum without diminishing the mortar content of the mix.
14.
Upon cessation of mixing for any considerable length of time, the
mixer shall be thoroughly cleaned by flushing it out with water.
15.
Mortar or concrete partially set shall not be retempered by mixing
the mortar or concrete with additional material or water.
16.
The amount of water used in mixing shall be an amount which will
produce a mixture containing the minimum amount of water consistent
with required workability. The consistency of concrete mixtures shall
be such that mortar clings to the coarse aggregate, the concrete is
not sufficiently fluid to segregate when transported to place of deposit,
the concrete when dropped directly from the discharge chute of the
mixer shall flatten out at the center of the pile but shall stand
up and not flow at the edges, and the mortar shall show no free water
when removed from the mixer.
17.
The concrete shall be placed within the forms in successive batches
and thoroughly spaded along forms in such manner that edges shall
be left smooth and true to line. Concrete must be transferred from
the mixer and deposited in the forms in such manner as not to cause
separation of the aggregate.
18.
As soon as the concrete is deposited in the forms and before the
concrete is set, the surface shall be roughened by scratching and
the top or wearing surface shall be spread over it to a uniform thickness
of one-half (½) inch and smoothed by floating with a flat trowel
or float.
19.
Except as may be otherwise specifically provided by ordinance, the
concrete shall be laid in sections not less than three (3) feet square.
These sections shall be separated by form boards of a thickness of
one-eighth (⅛) inch and upon removal of separator boards the
joints shall be filled with sand or bituminous filler.
20.
No concrete shall be placed in freezing weather except when adequate
means are employed to heat all the ingredients and to prevent the
concrete from freezing while setting and hardening. No materials containing
frost shall be used. Concrete shall not be placed upon a frozen subgrade.
21.
Upon the completion of any sidewalk, the contractor or the City,
as the case may be, shall remove all form lumber, excess materials,
protective coverings, equipment and any rubbish, refuse or other debris
and leave the work area in neat condition.
