[CC 1985 § 530.010; Ord. No. 2, 9-1-1942]
For the purpose of securing uniformity
in the width and direction of the streets of the City of Morehouse,
any addition hereafter made, and adjoining grounds already laid out
in lots and blocks, shall be so laid out that the streets of said
addition shall be of the same width and a continuation of some street
of said City, or addition thereto.
[CC 1985 § 530.020; Ord. No. 25, 9-1-1942]
When any tract of land shall be platted,
or incorporated into this City, or any addition be platted and made
a part of this City, no street in such tract so incorporated or added
or platted shall be less than forty (40) feet wide; and all streets
and extension of streets hereafter condemned, dedicated or established
in this City shall be at least forty (40) feet wide.
[CC 1985 § 530.030; Ord. No. 2, 9-1-1942]
Whenever an addition shall be laid
out, disjoined from land already laid out in lots and blocks, the
streets shall be so located that, when extended, they will run into
other streets already located, be of the same width and run at the
same angle to the meridian as said other streets.
[CC 1985 § 530.040; Ord. No. 2, 9-1-1942]
Any owner or other party having the
control or management of any tract of land, who shall lay out the
same into lots or blocks, as, and for an addition to the City of Morehouse
shall before filing the plat of the same for record at the office
of the Recorder of Deeds for New Madrid County, Missouri, submit such
plat to the Board of Aldermen or its designated official for approval.
[CC 1985 § 530.050; Ord. No. 2, 9-1-1942]
If any party shall file in the office
of the Recorder of Deeds, of New Madrid County, any plat of any proposed
addition to the City of Morehouse, without first submitting the same
to the Board of Aldermen for approval, or having submitted such plat,
and its being disapproved by the Board of Aldermen, such party, his/her
heirs or assigns, shall not be entitled to receive any compensation
or damages on account of the opening and establishing any street,
lane or alley, in or through such addition.
[CC 1985 § 530.060; Ord. No. 2, 9-1-1942]
It shall be the duty of the Board
of Aldermen’s designated official to examine such plat and report
to the Board of Aldermen at its second sitting, at the latest, after
the plat has been submitted, as provided for in this chapter, whether
or not the circumstances of the case are such as to justify the non-enforcement
of this chapter, when the Board of Aldermen shall take action, and
by ordinance accept or reject the plat so as aforesaid submitted for
inspection.
[CC 1985 § 530.070; Ord. No. 25, 9-1-1942]
Whenever the Board of Aldermen shall
deem it of sufficient public utility to do so, they may declare by
ordinance any street, lane or alley located, widened or extended,
opened and dedicated to public use for the purpose of establishing,
opening, widening, extending or altering any street, avenue, alley,
wharf, market place public park or public square and for establishing
market houses, and for other necessary public purposes and the Board
of Aldermen shall have the power to condemn private property for use,
occupation or possession in the construction and repair of sewers,
in the same manner as private property is condemned by municipal corporations
for streets, alleys and other public improvements; but in every case
the City shall make the persons whose property shall be taken or injured
thereby adequate compensation therefor as provided by law; provided,
however, that in case of the establishment, opening, widening or extending
of any park, after the City authorities shall have defined by ordinance
the limits within which private property is deemed benefited, assent
in writing to the proposed improvement shall be necessary from the
owners of a majority in square feet of the total number of square
feet of land, exclusive of land to be taken and exclusive of public
highways, squares or parts, deemed benefitted and upon failure to
file with the Mayor such assent in writing within sixty (60) days,
after the passage of such ordinance, then such ordinance shall be
void, and all proceedings thereunder discontinued.
[CC 1985 § 530.080; Ord. No. 25, 9-1-1942]
Any property owner against whom benefits are assessed under the proceedings provided for in under Section
510.070 shall pay the amount so assessed to the City treasurer within sixty (60) days after notice of such finding and assessment unless appealed from; and in case of failure to do so, the lien of the City may be enforced by and in the name of the City in the circuit court.
[CC 1985 § 535.010; Ord. No. 29, 9-1-1942]
The owner or owners of each lot or
parcel of land fronting on any public street or thoroughfare within
this City shall construct and maintain a good stone or concrete sidewalk
or pavement, as may be ordered by the Board of Aldermen or its designated
official in front of or along such lot or parcel of land of a width
of not less than four (4) feet; provided, that the Board of Aldermen,
in exceptional cases, may permit the use of other material by order
made of record; and, provided, that all sidewalks in front of property
situated on Beech and Front streets in the City of Morehouse, shall
be constructed not less than six (6) feet in width. All sidewalks
erected or constructed within this City shall be on a level or incline,
according to the nature of the ground, so that in no case shall any
sidewalk on the same or different streets be of different heights,
nor shall there be any step up or down and all sidewalks shall be
graded to the line of the street and curbed when necessary.
[CC 1985 § 535.020; Ord. No. 29, 9-1-1942]
The street commissioner shall build
street crossings at the intersection of streets so as to connect sidewalks
from one block to another, which street crossings shall be constructed
of concrete; provided, the Board of Aldermen may by order of record
require crossings to be made of different material. Said crossings
to be not more than two (2) inches above the level of the street.
[CC 1985 § 535.030; Ord. No. 29, 9-1-1942]
The cost of bringing to grade all
streets, avenues, alleys and other highways and for the building of
bridges, culverts, public sewers and footwalks across streets, avenues,
alleys and other public highways, shall be paid out of the general
revenue fund of the City.
[CC 1985 § 535.040; Ord. No. 29, 9-1-1942]
For making and repairing sidewalks
and curbing, the cost thereof shall be levied as a special assessment
on all lots and pieces of ground abutting on such improvements, in
proportion to the front foot thereof; provided, that corner lots shall
be liable for the extension of curbs and sidewalks to the curb lines
each way.
[CC 1985 § 535.050; Ord. No. 29, 9-1-1942]
The cost of paving, macadamizing,
guttering, curbing (where such curb is set out into the street beyond
the sidewalk) all streets, avenues, alleys, or other highways, or
any part thereof of any connection therewith, and repairing the same,
and for doing all excavating and grading necessary for the same (after
said streets, avenues, alleys and other highways, or parts thereof
or connections therewith, have been first brought to grade, as hereinabove
provided) shall be levied as a special assessment upon lots and pieces
of ground upon either side of such street, avenue, alley or other
highway, or part thereof or connection therewith, abutting thereon
along the distance improved, in proportion to the front foot.
[CC 1985 § 535.060; Ord. No. 29, 9-1-1942]
The cost of paving or macadamizing
the squares and areas as formed by the crossing or meeting of streets
or other highways, or parts thereof or connections therewith, shall
be levied as a special assessment, and paid for as follows: such area
shall be divided into parts or portions by lines drawn lengthwise
alone the middle of each said street or highway so intersecting or
meeting, and the costs of said parts or portions shall be levied as
assessment against the block or square abutting on the street improved.
[CC 1985 § 535.070; Ord. No. 29, 9-1-1942]
The assessments made for the making
and repairing sidewalks and sidewalk curbing, and for paving, macadamizing,
curbing or guttering all streets, avenues, alleys and other highways,
and repairing the same, as herein provided, shall be known as special
assessment for improvements, and shall be levied and collected as
a special tax, and a special tax bill shall issue therefor, and shall
be paid in the same manner provided by ordinance. Said special tax
bill may bear interest after thirty (30) days from the date of issue
at the rate of eight percent (8%) per annum, and every such special
tax bill shall be a lien against the lot or piece of ground described
in the same until the same is paid.
[CC 1985 § 535.080; Ord. No. 29, 9-1-1942]
Before the Board of Aldermen shall
make any contract for building bridges, sidewalks, culverts or sewers,
or for paving, macadamizing, curbing, guttering or grading any street,
avenue, alley or highway an estimate of the cost thereof shall be
made by the City engineer or other proper officer and submitted to
the Board of Aldermen, and no contract shall be entered into for any
such work or improvements for a price exceeding such estimate; provided,
that no such estimate shall be required for the making of any local
or special repairs.
[CC 1985 § 535.090; Ord. No. 29, 9-1-1942]
All special tax bills issued or special
assessments for paving, macadamizing, curbing, guttering, excavating,
grading, construction of sidewalks and for district sewers, and for
any other purpose whatever authorized by this act, shall be assignable
and collectable in any action brought in the name of the City to the
use of the holders thereof; but the City shall not in any event be
liable for any costs that may accrue in such action. Such special
tax bills shall, in any action thereon be prima facie evidence of
the regularity of the proceedings for such special assessments, of
the validity of the bill of the doing of the work and of the furnishing
of the materials charged for and of the liability of the property
to the charge stated in the bill.
[CC 1985 § 535.100; Ord. No. 29, 9-1-1942]
The total cost of paving, macadamizing,
curbing, guttering and the necessary excavating and grading for the
same, of any street, avenue, square or alley or other highway or any
part thereof, may be paid in three (3) annual payments, one-third
in one (1) year, one-third in two (2) years, and one-third in three
(3) years from date of issue of the special tax bills, each payment
to bear not to exceed eight percent (8%) interest per annum from date
of issue to date of payment; provided, that the owner of any lot or
parcel of ground fronting on such street, avenue, alley or highway
or square or part thereof improved shall within thirty (30) days after
letting of the contract for such work, notify the City Clerk, in writing,
that he/she desires to pay the same in the annual payments. In such
cases the City Clerk, engineer or other proper officer shall make
out three special tax bills which shall be signed by the Mayor and
attested by the clerk, each for one third of the cost of such work,
bearing interest as aforesaid which rate shall be fixed by ordinance,
and deliver the same to the contractor for the work; each and every
tax bill shall be a lien on the lot or parcel of ground therein described
and such lien shall continue for one (1) year from the maturity of
the tax bills last becoming due, until paid, or until the final determination
of any legal proceeding to collect same; but no suit shall be brought
on any such tax bill until the maturity of all such tax bills.
[CC 1985 § 535.110; Ord. No. 29, 9-1-1942]
When the Board of Aldermen shall deem it necessary to pave, macadamize, gutter, curb (when such curbing is set out into the street beyond the sidewalk), or otherwise improve any street, avenue, alley or other highway, or any part thereof within the limits of this City, for which a special tax is to be levied, as herein provided, the Board of Aldermen shall, by resolution, declare such work or improvement necessary to be done and cause such resolution to be published in some newspaper published in the City for two (2) consecutive weeks; and if a majority of the resident owners of the property liable to taxation therefor shall not, within ten (10) days from the date of last insertion of said resolution, file with the City Clerk their protest against such improvements, then the Board of Aldermen shall have the power to cause such improvements to be made, and to contract therefor, and to levy the tax as herein provided, and the finding of the board that a majority of such owners have not filed protest shall be conclusive and final. No such publication shall be necessary for the making of any such sidewalks, but upon petition of any ten (10) citizens of the City, the Board of Aldermen shall have 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 whatever. Such 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 Aldermen) with the City Clerk, not less than one (1) advertisement, for bids thereupon, being made in some newspaper published in the City. When upon proper advertisement no bid is received, the Board of Aldermen may proceed as provided in Section
510.220 of this chapter. No formality whatever shall be required to authorize the repairing of sidewalks, streets or other paving, curbing, guttering, macadamizing, or parts thereof; or reconstructing the same, and making assessments therefor; but the proper officer on improvements may, without notice, cause such work to be done, keeping an account of the cost thereof, and reporting the same to the Board of Aldermen for assessment; and each lot or piece of ground abutting on such sidewalk, street, avenue, or alley or part thereof, shall be liable for its part of the cost of such work made along or in front of such lot or piece of ground as reported to the Board of Aldermen. The Board of Aldermen may provide a penalty for failure to pay such special tax within a given time, and any tax bills issued in payment of such repairs shall constitute a lien upon the property liable therefor until paid. All costs for building and constructing sidewalks shall be paid to the contractor therefor in special tax bills assessed against the abutting property liable therefor, and such tax bills shall constitute a lien upon such property until paid, and shall bear interest at eight percent (8%) per annum from date of issue, except as provided in Section
510.140.
[CC 1985 § 535.120; Ord. No. 29, 9-1-1942]
The Board of Aldermen shall have
power to create, open and improve any public square, park, street,
avenue, alley or other highway, old or new, and also to vacate or
discontinue the same whenever deemed necessary or expedient. Provided
that all damages sustained by the citizens of the City or the owners
of the property therein shall be ascertained as prescribed in that
portion of this act relating to the condemnation of property for public
use; and provided further, that whenever any public square, street,
avenue or alley, or other highway shall be vacated the same shall
revert to the owners of the adjacent lot in proportion as it was taken
from them; and when the grade of any street or alley shall have once
been established by ordinance it shall not be lawful to change such
grade without making compensation to all persons owning real estate
on such street or square, avenue, alley or other highway who may be
damaged by such change of grade, to be determined and governed in
all respects, with reference to benefit and damages, as provided in
Sections 88.667 through 88.773, RSMo.
[CC 1985 § 535.130; Ord. No. 29, 9-1-1942]
Whenever to the powers hereinbefore
granted, the Board of Aldermen may by ordinance or resolution condemn
wooden or defective walks and may remove walks so condemned, and may
provide for the construction of new sidewalks in the place of walks
so condemned and removed.
[CC 1985 § 535.140; Ord. No. 29, 9-1-1942]
Whenever the City shall advertise
for bids for the construction of sidewalks of any kind, or for the
construction of new sidewalks condemned and shall receive no bids
therefor the City may proceed to construct, or reconstruct, any such
sidewalk 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 designated officers having the matter in charge, and special
tax bills shall be issued for the amount thereof, and such tax bills
shall be as valid in all respects whatever as the other special tax
bills provided for in this chapter and shall be collected in the same
way.
[CC 1985 § 535.150; Ord. No. 29, 9-1-1942]
Whenever, by the terms of any ordinance
passed by the Board of Aldermen, it is provided that an advertisement
shall be published in a newspaper published in the City, and there
shall be no newspaper published in the City, then said advertisement
shall be published in the next nearest newspaper published in the
county of New Madrid.