[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:
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(FORM OF PERMIT)
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NO. _____
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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.
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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.
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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.
