[R.O. 2011 §520.010; Ord. No. 598-05 §1, 3-16-2005]
The following words, terms and phrases, when used in this Chapter,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning:
Capital improvements to publicly maintained roads must occur
within the right-of-way (prescriptive or dedicated) and/or grading,
drainage easements.
Capital improvements shall not include the repairing of potholes
with asphalt or concrete and snow removal.
The following items, but not limited to, are eligible for funding
with capital improvement tax monies:
Purchase of equipment used exclusively for road improvements;
Construction of new roads and appurtenances;
Road rebuilding and pavement overlays;
Drainage structures, including improving drainage by ditching
and adding culverts where necessary;
Bridges;
Salaries of personnel employed to make and administer road improvements;
Engineering and planning fees for the preparation of plans and
specifications.
A publicly maintained road (for use in the tax revenue sharing
formula) is defined as a road maintained by the City or County for
at least three (3) years, utilized by vehicular traffic, fronting
on residences, businesses, industries and farms.
Alleys shall not be classified as publicly maintained roads.
The existing road surface must consist of one (1) of the following:
concrete, asphalt, macadam, crushed stone or gravel.
Public rights-of-way that have not been improved and surfaced
shall not be classified as a publicly maintained road.
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CLASS "A" STREETS — Streets that were
once maintained by Jefferson County but which theCity assumed responsibility
when the City was chartered. The City receives road tax funds for
these streets.
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CLASS "B" STREETS — Streets that meet
new construction requirements as set forth in the ordinances of the
City and for which the City has accepted responsibility. The City
may or may not receive road tax funds for these streets.
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CLASS "C" STREETS — Streets that do not
meet the construction requirements as set forth in the ordinances
of the City and for which the City has accepted responsibility. The
City may or may not receive road tax funds for these streets.
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[R.O. 2011 §520.020; Ord. No. 598-05 §2, 3-16-2005]
As the City has the power to exercise exclusive control over
all streets, avenues and public highways within the limits of the
City and pursuant to Sections 88.670 et seq., RSMo., the Board of
Alderpersons shall have power, by ordinance or resolution, to provide
for the construction, grading, improvement, sprinkling, oiling, repairing,
resurfacing and surfacing of streets, curbs and public places in this
City in the manner and by the means provided by Statute.
[R.O. 2011 §520.030; Ord. No. 598-05 §3, 3-16-2005]
A.
The Board
of Alderpersons may, by ordinance or resolution, perform any of the
capital improvements set forth herein, including, but not limited
to, any construction and/or repair of streets, curbing and gutters
as determined to be necessary by the Director of Public Works.
1.
In accordance
with Section 88.703, RSMo., the cost of repairing of streets or other
paving, curbing, guttering, macadamizing or part thereof or reconstruction
of the same may be paid for with special tax bills if so determined
by the Board of Alderpersons unless the ordinance or resolution specifies
that payment will be made out of the general revenue funds of the
City. If a special tax is to be levied, the Board of Alderpersons
shall, by resolution, declare the work or improvements necessary to
be done and cause the resolutions to be published in some newspaper
published within Jefferson County, Missouri, in accordance with Sections
88.700 and 88.707, RSMo.
2.
Construction
and/or repair of streets will be provided as determined by the Board
of Alderpersons to be in the best interest of the City.
[R.O. 2011 §520.040; Ord. No. 598-05 §4, 3-16-2005]
If a special tax assessment is enacted, then each lot or piece
of ground abutting on such street or avenue or part thereof shall
be liable for its part of the cost of any work or improvement provided
for in this Chapter, done or made along or in front of such lot or
piece of ground as reported to the Board of Alderpersons and all lands,
lots and public parks owned by any County or City and all other public
lands, all cemeteries owned by public, private or municipal corporation,
provided that nothing in this Section shall be construed to authorize
any assessment against any cemetery lot. The charges made against
lands for all such improvement shall be charged in accordance with
Sections 88.860 and 88.683, RSMo., and shall be known as special assessments
or taxes for improvement and shall be charged and assessed by issuing
a special tax bill against the lands chargeable with the cost of improvement.
Each special tax bill so issued shall be a special tax lien on the
land against which it is issued.
[R.O. 2011 §520.050; Ord. No. 598-05 §5, 3-16-2005]
The charges made against lands for all such improvement shall
be known as special assessments or taxes for improvement and shall
be charged and assessed by issuing a special tax bill against the
lands chargeable with the cost of the improvement. Each special tax
bill so issued shall be a special lien on the land against which it
is issued.
[R.O. 2011 §520.060; Ord. No. 598-05 §6, 3-16-2005]
The affected property owners shall be billed after Board of
Alderpersons approval of a project. The special assessment shall be
due without interest until fifteen (15) days following receipt of
seventy-five percent (75%) of the total assessment. The Finance Officer
shall rebill the unpaid assessment property owners on the day the
seventy-five percent (75%) of the total assessment is received. Interest
shall start fifteen (15) days after the second (2nd) statement is
mailed at a rate of eight percent (8%) per annum.
[R.O. 2011 §520.070; Ord. No. 598-05 §7, 3-16-2005]
A.
The Board
of Alderpersons shall have the power to create, open and improve any
public square, public park, street, avenue or other highway, old or
new, whenever deemed necessary or expedient. All damages sustained
by the citizens of the City or the owners of the property therein
shall be ascertained as prescribed Chapter 88, RSMo., relating to
the condemnation of private property for public use.
1.
The
City may open a newly developed street, avenue or other highway that
meets all of the requirements of the ordinances of the City.
2.
The
City may open an existing older street, avenue or other highway in
its present condition after review by the Public Works Director and
approval by the Board of Alderpersons.
3.
The
term "opening", as used in this Section, shall mean
with respect to any public square, public park, street, avenue or
other highway to make same accessible to the public.
B.
Procedure For Acceptance Of Streets.
1.
Petition. The trustee(s) or owner(s) of a street shall request
by petition that a street be dedicated to and accepted by the City.
2.
Subdivision plat. For new subdivision streets, the final
plat approved by the Board of Alderpersons will be used to identify
the streets in the place of individual recorded easements.
3.
Easements. For older streets the City will acquire necessary
easements (by prescription or conveyance) with proper signatures.
In addition, the City will acquire other documentation as determined
necessary by the Board of Alderpersons after consultation with the
City Attorney.
4.
Authority. The Board of Alderpersons, after compliance with
all the provisions of this Chapter, are hereby authorized to endorse
acceptance of said street for use by the general public on the conveyance
and to certify the acceptance of said street under the Seal of the
City of Byrnes Mill, Missouri, on any and all documents as necessary.
[R.O. 2011 §520.080; Ord. No. 598-05 §8, 3-16-2005]
The Board of Alderpersons shall have the power to vacate or
discontinue any public square, public park, street or other highway,
old or new, whenever deemed necessary or expedient. Whenever any public
square, street or avenue or other highway shall be vacated, the same
shall revert to the owners of the adjacent lots one-half (½)
to the person on each side of the vacated property.
