City of Salisbury, MO
Chariton County
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Table of Contents
Table of Contents
[CC 1996 § 505.010; Ord. No. 19 § 337]
Pavements or sidewalks hereafter constructed in front or alongside of any house, office, or shop on any street shall be made of such material and dimensions as the Board of Aldermen of this City shall direct, and not less than four (4) nor more than ten (10) feet wide unless a case of necessity demands.
[CC 1996 § 505.020; Ord. No. 19 § 338]
All sidewalks now built and in use in this City and those hereafter built shall be kept in good repair by the owner or owners of the property wherever they may be situated; should such owner be a non-resident of this City, then his/her agent shall be required to keep such sidewalks in good and perfect repair, but no tenant shall be required to expend more than the rent for the term of which he/she occupied the house.
[CC 1996 § 505.030; Ord. No. 19 § 339]
When a petition shall be presented to the Board of Aldermen signed by a majority of the property owners residing in the block on which said walk is to be built, asking that a sidewalk be built on that side of said street, and the property owned by said petitioners on said street shall constitute the largest number of feet from the beginning to the terminus of said walk proposed to be built, said Board of Aldermen may order each and every person, resident or non-resident, owning property on said side of such street, or the known tenant or agent of such person to build and construct a sidewalk in front or alongside of such property, and to prescribe the material out of which said walk shall be built and the dimensions thereof, and if any one (1) of said property owners or agents shall, for the period of fifteen (15) days after being required so to do by a written notice by the City, fail or refuse to construct by ordinance such sidewalk, the Board shall cause the same to be constructed at the expense of such owner or owners.
[CC 1996 § 505.040; Ord. No. 19 § 340]
Whenever the Board of Aldermen shall be satisfied that there is need of a sidewalk at any given point along any street or alley of this City, they may order the same without petition as in Section 510.030, and every person, resident or non-resident, owning property alongside the street or alley or their known agent shall, upon fifteen (15) days' notice by the Chief of Police, as in Section 510.030, construct such walk in accordance with the ordinance of the Board of Aldermen of this City.
[CC 1996 § 505.050; Ord. No. 19 § 341]
Whenever the Board of Aldermen of this City shall be satisfied that a sidewalk or any pavement now constructed is out of repair or does not conform to the requirements and necessities of the City and public, they may require the owner in front or alongside of whose property said walk may exist or his/her known agent to repair, widen and otherwise construct such sidewalk and make the same conform to the necessities of the case as the Board may determine. Should such owner or agent fail or refuse to repair such sidewalk or pavement as herein provided for the period of fifteen (15) days after being notified so to do by the City Street Commissioner, the said Board shall order the same to be done at the owner's expense.
[CC 1996 § 505.060; Ord. No. 19 § 342]
The Street Commissioner shall notify non-resident owners of lots who have no known resident agent of the order of the Board of Aldermen relating to the construction, repairing or rebuilding of any sidewalk or pavement as provided in this Chapter by a publication in some newspaper published in Chariton County for two (2) consecutive weeks, the publisher's fee to be taxed as other costs against said owner. If said non-resident owner, after being notified as herein required, shall fail or refuse to comply with the order of said Board of Aldermen for the period of twenty (20) days from the last publication, then said Board shall cause its order to be carried into effect at the expense of said non-resident owner.
[CC 1996 § 505.070; Ord. No. 19 § 343]
When it shall become necessary for the Board of Aldermen to order any sidewalk or pavement to be constructed or repaired as provided in this Chapter at the expense of the owner in front or alongside of whose property such improvement may be made, they shall immediately, on completion of said work, levy a special tax on such owner sufficient to pay all costs and expenses of such improvements and ten percent (10%) for the use of the City. If the owner of said property shall fail to pay said tax for the period of ten (10) days after the demand made by the City Collector, the City Attorney may collect the same by suit before any court having jurisdiction, and no property shall be exempt from seizure and sale upon a judgment so obtained.
[CC 1996 § 505.080; Ord. No. 19 § 344]
The notices required by this Chapter shall be served by the Chief of Police or by a legally authorized deputy, either personally on the person to be notified under this Chapter or by leaving a copy of the same at the usual place of abode of such person with some member of his or her family over the age of fifteen (15) years.
[CC 1996 § 505.090; Ord. No. 19 § 345]
It shall be the duty of the Chief of Police or his/her deputy to make due return to the Mayor of the manner in which he/she has served such notice, which return the Clerk shall place on file.
[CC 1996 § 505.100; Ord. No. 19 § 346]
It shall hereafter be unlawful for any person or persons to erect or cause to be erected in front, rear or alongside of any business, house or shop located within the fire limits of this City as fixed by ordinance, any wood awning, shed, porch, portico or veranda constructed of wood columns, wood joists or wood covering.
[CC 1996 § 505.110; Ord. No. 19 § 347]
A. 
All sidewalks hereafter built, rebuilt, constructed or reconstructed in the City of Salisbury, Missouri, shall be of the material and in accordance with the following specifications:
1. 
All sidewalks in the residence portion of the City shall be laid one (1) foot from the line of the property, and sidewalks so constructed in the business portion of the City shall be laid or extend from the line of the property and abut thereon.
2. 
The cement shall be first-class Portland cement or a reputable brand which shall meet the requirements of the specifications of Portland cement from the American Society for Testing Materials, the sand shall be clean and coarse and shall pass a number four (4) screen, and not more than twenty percent (20%) shall pass a number fifty (50) mesh, and shall be free from sticks, organic matter and other impurities. The stone shall be crushed from clean mesh or clean "mill tailings," or clean gravel not larger than the rock above-specified, all to be approved by the City Engineer or Mayor. The water shall be reasonably clean, free from oil, acids and strong alkalies.
3. 
The subgrade shall be not less than eleven (11) inches below the surface of the walk and shall have a slope parallel to the surface of the walk. All soft and spongy places shall be dug out and all depressions filled with suitable filling material, which shall be thoroughly compacted by flooding if necessary, and tamping in layers not exceeding six (6) inches in thickness. When, to bring the walk to a grade, a fill exceeding one (1) foot in thickness is required, it shall be in all manner satisfactory to the City Engineer or Mayor. The top of all fills shall extend beyond the walk on each side at least one (1) foot, and the side shall have a slope of not less than one (1) to two (2) as shown on the plans. The subbase shall consist of cinders, tailing, or other suitable material. The material shall be evenly spread upon the subgrade, shall extend at least two (2) inches beyond the edges of the walk and shall be rammed to a surface at least four (4) inches below the final grade of the walk. While compacting the subbase, the material shall be kept thoroughly wet and shall be in that condition when the concrete is deposited. When wooden forms are used, they shall be free from warp and not less than one and three-quarter (1 3/4) inches thick nor less than four (4) inches wide. All mortar and dirt shall be removed from forms that have been used and all forms shall be thoroughly wetted before any material is deposited against them. The form shall be well staked to the line and grade given by the City Engineer and their upper edges shall conform with the finished surface of the walk, which shall have sufficient rise from the curb to provide proper drainage, but this rise shall not exceed one quarter (1/4) of an inch per foot, except where such rise parallels the length of the walk or where necessary to fit crosswalks at street corners. At each slab division, cross forms shall be put in or said joints made with suitable tools in the full width of the walk and at right angles to the side form. Cross forms shall be so spaced that no slabs contain more than twenty-five (25) square feet or have any dimensions greater than five (5) feet. A metal strip one-half (1/2) inch thick shall take the place of the cross forms at least once in every fifty (50) lineal feet of walk. When the walk has become sufficiently hard, this parting strip shall be removed and the joints filled with suitable material prior to opening the walk to traffic. Similar joints shall be provided when new walks abut curbing or other cement or stone walk, the concrete for the base shall have the proportions of one (1) part Portland cement, two (2) parts of sand and five (5) parts crushed stone or gravel. When mill tailings are used, the concrete shall have the proportions of one (1) part Portland cement to seven (7) parts of tailing. A sack of cement weighing ninety-four (94) pounds shall be considered to have a volume of one (1) cubic foot. The sand shall be evenly spread. After thoroughly mixing the dry materials to a uniform color, they shall be formed into a crater or trench and practically all water required shall be added at one (1) time and the mass turned into a homogeneous mortar of even consistency. Additional water required shall be in the form of a spray. To this mortar shall be added the required amount of stone or gravel previously drenched and the whole shall then be mixed until all of the aggregate is thoroughly coated with mortar. Where tailings are used, the cement and tailing shall be thoroughly mixed dry until no streaks of cement are visible. Water shall then be added as previously described in sufficient quantities to render, when thoroughly mixed, a concrete equivalent to that above. Water may be added during the process of mixing, but the concrete shall be turned to least once immediately after its addition. The cement and tailings shall be turned at least three (3) times dry and three (3) times wet.
4. 
Machine mixing will be acceptable when a concrete equivalent in quality to that specified above is obtained. The mixing of the concrete shall be thorough and satisfactory to the Engineer or Mayor.
5. 
Re-tempering will not be permitted; that is concrete that has begun to set or harden shall in no case be remixed and used.
6. 
In business districts, the base shall be at least four (4) inches in thickness and the top surface at least one (1) inch below the finished surface of the walk.
7. 
In residence districts, the base shall be at least three (3) inches in thickness and the top surface at least one (1) inch below the finished surface of the walk, except where driveways cross the walk, at which places the base shall be at least five (5) inches in thickness and the surface at least one and one-fourth (1 1/4) inches below the finished surface of the walk.
8. 
The concrete shall be deposited before it shows any tendency to harden, but in all cases it shall be deposited within forty (40) minutes after being mixed. The concrete shall be spread evenly and tamped until water flushes to the top. After the concrete has been thoroughly rammed against the cross forms, they shall be removed and the material for the next slab deposited so as to preserve the joint. Care should be taken to maintain rectangular slabs of uniform size.
9. 
Workmen should not be permitted to walk upon freshly laid concrete, and where dust or sand gets on the base, it shall be carefully removed before the wearing course is applied.
10. 
The mortar shall be mixed in a watertight box in the proportion of one (1) part of Portland cement to two (2) parts of sand. It shall be mixed thoroughly dry and then wet, and shall be of such consistency that it will not require tamping, but will be readily floated with a straight edge.
11. 
The wearing course shall have a thickness of at least one (1) inch, except where the walk is crossed by a driveway, the wearing course shall be at least one and one-fourth (1 1/4) inches thick.
12. 
The mortar shall be spread upon the base within thirty (30) minutes after mixing or before it shows a tendency to harden, but in no case shall more than one (1) hour elapse between the time that the concrete for the case is mixed and the time that the wearing course is applied.
13. 
After working the top to an approximately true surface, the slab marking shall be made directly over the joints in the base with a tool which shall cut clear through to the base and completely separate the wearing courses of adjacent slabs; this tool to be followed by a tool forming a groove at least one-half (1/2) inch deep. The slab shall be rounded on all surface edges to a radius of about one-half (1/2) inch.
14. 
When partially set, the surface shall be troweled smooth. When completed, the walk shall be kept moist and protected from traffic and the elements for at least forth-eight (4/8) hours. The forms shall be removed during this time, and upon removal, earth shall be banded against the edge of the walk.
15. 
The parkway shall include that portion between the property line and the curb line, except the portion occupied by the sidewalk. The grading of the parkway shall be considered as part of the work in constructing the walk. As soon as the walks are ready for use, the parkway shall be graded on the curb side of the walk to a slope not to exceed one quarter (1/4) of an inch to the foot toward the curb line, and on the property side of the walk, back to the property line and not lower than the walk. Where practicable, the soil shall be removed and replaced on the finished parkway.
16. 
All work shall be executed in every respect in a thorough and workmanlike manner. The contractor shall prescribe all stakes set for lines, levels or measurements for the work in their proper places until authorized to remove them by the City Engineer or Mayor, and any expense incurred in replacing said stakes which the contractor or his/her subcontractors may have failed to preserve shall be borne by the contractor.
17. 
Any overseer, superintendent, laborer, or other person employed on the work by the contractor who shall perform his/her work in a manner contrary to these specifications shall, upon the requisition of the City Engineer or Mayor, be immediately discharged, and such person shall not again be employed on the work.
18. 
Bidders must examine for themselves as to the location of the proposed work and the nature of the excavation to be made and the work to be done.
19. 
The contractor shall give twenty-four (24) hours' notice in writing when he/she will require the service of the City Engineer or Mayor for laying out any portion of the work. He/she shall dig all stake holes necessary to give lines and levels.
20. 
The contractor shall not disturb any monuments or stakes found on the line of the improvement until ordered by the City Engineer or Mayor, and he/she shall bear the expense of resetting any moments or stakes which may be disturbed without orders.
21. 
The contractor shall remove at his/her own expense all obstruction, such as trees, stones, fences, debris, etc., that may be in the way of making the proposed improvements.
22. 
The contractor shall observe all the ordinances of the City in relation to the obstruction of streets, keeping open passageways and protecting them when they are exposed and would be dangerous to public travel.
23. 
The contractor shall also erect and keep erected by day and night a fence or proper barrier along the line of the work and across the ends of the same in order to guard the public effectively from danger of falling into trenches or from upsetting their vehicles against the earth thrown up during the process of the work. Light must be maintained at night at each end of the barrier from sunset to sunrise.
24. 
In case it should be necessary to move the property of any owner of a public utility or franchise, such owner will ,upon proper application by the contractor, be notified by the Street Commissioner or other proper person to move such property within a reasonable specified time, and the contractor shall not interfere with such property until the expiration of the specified time.
25. 
The contractor shall remove all surplus material and rubbish from the work after its completion and before he/she makes application for the acceptance of the work.
26. 
The contractor shall notify the City Engineer or Mayor when he/she desires a final inspection of the work, the latter will, as soon as possible, make the necessary examination, and if the work is found in compliance with the above specifications, the City Engineer or Mayor will furnish the contractor with a certificate to that effect.
B. 
When the word "contractor" is used in these specifications, it refers to the party or parties of the second part in the agreement for the construction of the work herein specified, whether the work be done by private contract or by contract entered into by the City for the property owners.
C. 
Whenever the word "City Engineer" is used in these specifications, it refers to the person holding the office of Engineer in the City of Salisbury, Missouri, his/her properly authorized agents, or such party authorized by the Board of Aldermen to act in such capacity.
[CC 1996 § 505.120; Ord. No. 19 § 348]
A. 
Whenever any person or persons apply for a permit as provided for in Section 510.010 of this Chapter, they shall deposit with the City Clerk the sum of five dollars ($5.00) for each fifty (50) lineal feet or fraction thereof of sidewalk to be constructed as a guarantee that said work will be constructed according to the City's specifications and that the same will be completed within sixty (60) days from the date of the permit, and upon said application the deposit being made, the City Clerk shall issue a permit for said work, which permit shall be in the following form:
(FORM OF PERMIT)
NO. _____
Salisbury, Missouri, ________ 20____. __________________, having this day made application to the City Clerk, permission is hereby granted for the construction of a sidewalk on the _______ side of __________________ Street, along Lot No. ____ in ________, Salisbury, Missouri.
The conditions of this permit are that if said work is completed according to specifications approved by the Board of Aldermen, the City Engineer or other officer discharging the duties thereof, certificates of acceptance are to be presented and this permit returned on or before said date.
B. 
When said permit is obtained, it shall be submitted to the City Engineer or other officer discharging the duties thereof with a request for the grade to be given for the work specified in the permit. The City Engineer or other officer discharging the duties thereof shall then proceed without any unnecessary delay to set the grade stakes at the established grade for said improvements and shall supervise the construction of said sidewalks, and when same is completed according to the specification and grade given, he/she shall issue a certificate of acceptance of same, which certificate shall be submitted to the City Clerk when the permit is presented for the return of the deposit, and no permit shall be accepted and cancelled by the City Clerk until said Engineer's, or other officer discharging the duties thereof, certificate of acceptance is submitted to him/her as evidence of the completion of the work.
[CC 1996 § 505.130; Ord. No. 19 § 349]
The City Engineer, or other officer discharging the duties thereof, shall not be required to set grade stakes for any sidewalk to be constructed by private contract until a permit for same shall have been first obtained, nor shall be given a certificate of acceptance for any sidewalk which shall have been heretofore or any time hereafter be constructed contrary to the provisions of this Chapter, and all such sidewalks shall be subject to the condemnation by the Board of Aldermen, and the property along or in front of which said improvements are so constructed shall be liable for the cost of reconstruction of same in accordance with the City's specifications and on the established grade.
[CC 1996 § 505.140; Ord. No. 19 § 350]
The cost of making and repairing sidewalks and sidewalk curbing shall be levied as a special assessment on all lots and pieces of ground abutting on such improvement in proportion to the front foot thereof, provided that corner lots shall be liable for the extension of curbs and sidewalks to the curb line each way.
[CC 1996 § 505.150; Ord. No. 19 § 351]
Before the Board of Aldermen shall make any contract for building bridges, sidewalks, culverts, or for paving, curbing, guttering or grading on any street, alley, avenue or other highway, an estimate of the cost thereof shall be made by the City Engineer under the supervision of the Committee on Streets, Alleys and Sidewalks and such estimate shall be submitted to the Board of Aldermen, and no contract shall be entered into for any such work or improvement for a price exceeding such estimate, provided that no such estimate shall be required for the making of any local or special repairs.
[CC 1996 § 505.160; Ord. No. 19 § 352]
Whenever the City shall advertise for bids for the construction for any new walk of any kind or for the construction of new sidewalks in the place of sidewalks condemned and shall receive no bids therefor, the Board of Aldermen shall cause the same to be done at the expense of the City by the City Engineer under the direction and supervision of the Committee on Streets, Alleys and Sidewalks, and the City Engineer shall keep an accurate account of the amount expended for labor and material and he/she shall present the same to the Board of Aldermen, and the Board shall asses each lot and piece of ground abutting such sidewalks with its proportionate part of the cost of said sidewalk and special tax bills shall be issued therefor as provided by the laws of the State of Missouri relating to Cities of the Fourth Class.
[CC 1996 § 505.170; Ord. No. 19 § 353]
No formality whatever shall be required to authorize the repairing of sidewalks in the City further than that, when the City Engineer or Committee on Streets, Alleys and Sidewalks shall have knowledge that any sidewalk is out of repair or that the same needs reconstructing, he/she or they shall immediately cause a notice thereof to be given to the owners of the property abutting thereon or their agents or tenants to repair or reconstruct said sidewalk within thirty (30) days from the date of such notice, which shall be served by the Chief of Police or his/her legally authorized deputy or by the Night Watchman by delivering a copy thereof to the owner, his/her tenant, or by leaving a copy with some member of the family of such owner or tenant over the age of fifteen (15) years, at the usual place of abode of such owner, agent, or tenant, and such notice shall give the name of the street, a definite and certain description of the lot or piece of ground along and in front of which sidewalk shall or may be located, together with a description of material and dimensions of which the same is to be repaired or reconstructed.
[CC 1996 § 505.180; Ord. No. 19 § 354]
Whenever any person shall be notified as provided in Section 510.170 of this Chapter and shall for any reason fail to repair or reconstruct any sidewalk referred to in any notice within thirty (30) days of the date of the serving of said notice, then under the supervision of the Committee on Streets, Alleys and Sidewalks, the City Engineer shall repair or cause to be repaired or reconstruct the sidewalks referred to in such notice. He/she shall keep an accurate account of the cost thereof and report the same to the Board of Aldermen for assessment, and each lot or piece of ground abutting on such sidewalk or any part thereof shall be liable for its part of the cost of such sidewalk, and special tax bills shall issue thereof as in the case of new sidewalks, provided that nothing herein shall prevent the Street Commissioner from repairing any dangerous or defective sidewalk without notice whenever, in the opinion of the Committee on Streets, Alleys and Sidewalks, the public safety demands such repair.
[CC 1996 § 505.190; Ord. No. 19 § 355]
Whenever any sidewalk shall be built or constructed by contract under the provisions of this Chapter, the cost of such sidewalk shall be paid to the contractor in a special tax bill assessed against the abutting property therefor, and such tax bill shall constitute a lien upon such property and shall bear interest at eight percent (8%) per annum from date of issue, except as provided in Section 510.170 of this Chapter.
[CC 1996 § 505.200; Ord. No. 19 § 356]
All special tax bills shall be assessed and levied by order of the Board of Aldermen and shall be signed by the Mayor and attested by the City Clerk and be registered by the latter in a book provided for that purpose. All such bills shall be assignable and may be sued on and collected in any court of competent jurisdiction and any action brought in the name of the City at the relation and to the use of the holder thereof, and the City in no event shall be liable for any cost that may accrue in such action.
[CC 1996 § 505.210; Ord. No. 19 § 357]
The Board of Aldermen shall have power to make contracts for the construction or reconstruction of sidewalks and the curbing thereof upon report of the necessity for the same by the Street and Alley Committee of the Board or by petition of ten (10) citizens of the City, first having given the property owner or owners or their legal representatives (or his/her or their agent where the property owner is a non-resident) along whose property the proposed sidewalk is to be constructed or reconstructed twenty (20) days' written notice, in person or by mail, and time to provide for the construction or reconstruction of such sidewalk. If, after having given notice as stated aforesaid, the property owner fails to construct or reconstruct a sidewalk as provided in this Chapter, the Board may provide by ordinance that such sidewalk be constructed or reconstructed as provided in Section 510.010 of this Chapter, and such ordinance shall provide specifications for the character and kind of sidewalk to be constructed or reconstructed.
[CC 1996 § 505.220; Ord. No. 19 § 358]
When the Board has provided by ordinance for the construction or reconstruction of any sidewalk, with or without curbing, in this City, the Mayor shall direct the City Engineer or the proper person to make an estimate of the cost of the same, and no contract for the construction or reconstruction of any sidewalk, with or without curbing, shall be let for a greater amount than the estimate furnished on said sidewalk, provided no such estimate shall be required for the making of local or special repairs, and the cost of bringing to an established grade shall be a part of the cost of construction or reconstruction of any sidewalk where it is necessary to bring to an established grade the part of the street or avenue over which such sidewalk is to extend. Before any contract is let by the Board for the construction or reconstruction of any sidewalk by ordinance ordered built, one (1) week's advertisement for bids for the construction or reconstruction thereof shall be made in some newspaper in the City notifying the bidders that sealed bids be received by the City Clerk until 7:00 P.M. of the day on which the next regular or adjourned meeting of the Board of Aldermen will be held. At the next regular or adjourned meting of the Board, the bids received for the construction or reconstruction of the sidewalk as advertised shall be opened, in the presence of the Board, by the Mayor, and the contract advertised to be let shall be let to the lowest bidder, when, upon proper advertisement, no bids are received or all bids are above the estimate made for the construction or reconstruction of such sidewalk as provided herein by Section 510.150 of this Chapter.