[CC 1975 §68.010]
The cost of paving, macadamizing, guttering, and curbing (where
the curb is set out into the street beyond the sidewalk) all streets,
avenues, alleys and other highways, or any part thereof or connection
therewith, and the cost of repairing and doing all excavating and
grading necessary to the work (after the way to be improved has first
been brought to grade), shall be levied as a special assessment upon
all lots and pieces of ground upon either side of the street or highway,
or part thereof or connection therewith, abutting thereon along the
distance improved, the special assessment to be levied in proportion
to the front foot.
[CC 1975 §68.020]
The cost of paving or macadamizing the squares and areas as
formed by the crossing or meeting of streets and 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 along the middle of each
of said streets or highways so intersecting or meeting, and the cost
of said parts or portions shall be levied as a special assessment
against the block or square contiguous to each, and prorated against
the lots or pieces of ground in such square or block abutting on the
street improved.
[CC 1975 §68.030]
Before any contract shall be entered into for the paving, macadamizing,
curbing, guttering or grading of any street, avenue, alley or other
highway, an estimate of the cost thereof shall be made by the Street
Commissioner, or other proper officer designated by the Board, and
submitted to the Board; and no contract shall be let for any such
work at a price exceeding such estimate. Provided, that no such estimate
shall be required for the making of local or special repairs.
[CC 1975 §68.040]
All work to be done in accordance with the provisions of this
Chapter shall be done by contract, except as otherwise expressly provided
herein. Provided however, that if advertisement for bids shall be
made and no acceptable bid shall be received, the Board may proceed
to do the work, keeping an accurate account of the cost thereof, and
each lot or piece of ground fronting or abutting on the improvement
shall be liable for its proportionate part of the cost thereof, and
special tax bills issued therefor shall be as valid in all respects
as other bills provided for in this Chapter, and shall be collected
in the same manner.
[CC 1975 §68.050]
Before any contract shall be entered into for any work to be
done under the provisions of this Chapter, the board shall direct
some proper officer of the City to advertise for bids therefor in
some newspaper published in the City, stating the manner in which
the work is required to be done, and the time when and the place where
said bids shall be opened. The advertisement shall be published not
less than one (1) week prior to the opening of the bids, and all bids
shall be opened and read in the presence of the Board in open session.
Provided, that all advertisements for bids made in pursuance of the
provisions of this Chapter, shall advise bidders that the payment
for the proposed work (except the work of bringing to grade the street
or way to be improved) will be made in tax bills issued at the contractor's
expense, and that the City reserves the right to reject any and all
bids.
[CC 1975 §68.060]
It shall be the duty of the Board, upon the opening of bids,
to let the contractor to the lowest and best bidder, but the right
is hereby reserved to the Board to reject any and all bids.
[CC 1975 §68.070]
Unless expressly waived by the Board, before any contract let
in accordance with the provisions of this Chapter shall become binding
on the City, the contractor shall be required to execute and file
with the City Clerk a bond, with good and sufficient securities, to
be approved by the Mayor, such bond to be conditioned that the contractor
will faithfully complete the contract, in accordance with the specifications
and within the time fixed in the contract, that he/she will pay for
all labor employed and materials used in the work to be done thereunder,
and that he/she will indemnify and save harmless the City of Carl
Junction of and from any and all claims arising from, or as a result
of, such work.
[CC 1975 §68.080]
All work under contracts entered into as provided herein, shall
be carried on under the supervision of the Street Commissioner of
the City of Carl Junction, or other proper officer designated by the
Board, who shall personally inspect the work as it progresses and
see that it is done in accordance with the contract and plans and
specifications governing the same. Upon the completion of the work,
if, in the opinion of the Commissioner or other officer, the terms
of the contract have been complied with fully, he/she shall so report
to the Board. If the Board shall receive and approve his/her report,
such approval shall be deemed an acceptance of the work by the Board
under the contract, and they shall thereupon provide by ordinances
for the payment therefor, in the manner provided by law.
[CC 1975 §68.090]
No change shall be made in any contract, or the specifications
therefor, except with the consent of the contractor and of the Board,
as expressed by a majority vote in favor of the change. The Street
Commissioner, or other officer having charge of or superintending
any work, is hereby expressly prohibited from directing, consenting
to, or permitting any work to be done in a different manner than as
provided by the contract therefor, except when the Board shall have
approved such change as herein provided.
[CC 1975 §68.100]
All bonds and contracts received under the provisions of this
Chapter shall be submitted to the Mayor and the Board for approval,
and safely kept on the file in the office of the City Clerk.
[CC 1975 §68.110]
It shall be the duty of the Street Commissioner, after completion
of the work and after final inspection thereof has been made, if the
improvement be found to have been made in accordance with the contract
and specifications, to compute the cost thereof and apportion the
cost among the tracts of land chargeable therewith, charging each
tract of land with its proportionate part of the cost; and the Commissioner
shall make a written report to the Board, stating that the improvement
has been completed in accordance with the contract containing a description
of each lot or tract of land chargeable with part of the cost of said
improvement, and setting forth the amount with which each lot or tract
is to be charged. The report shall be accepted by the Board, if it
be found to be true and satisfactory.
[CC 1975 §68.120]
Upon the acceptance of the report of the Commissioner, the Board
shall, by ordinance, levy the cost of said improvement, as evidenced
by the contract, as a special assessment upon all the lots and pieces
of ground upon either side of and abutting on, such improved street,
avenue, alley, or other highway, or part thereof, or connection therewith,
in proportion to the front feet; and assess the cost of paving or
macadamizing the squares and areas formed by the crossing or meeting
of streets or avenues with the improvement against the lots in each
block liable by law for such assessment. Each lot and piece of ground
shall be charged with its proper share of the amount due, and the
Mayor and City Clerk shall be directed to issue special tax bills
for the respective amounts.
[CC 1975 §68.130]
Each tax bill shall contain a brief general statement of the
facts authorizing its issue, the amount for which it is issued, the
name of the contractor to whom it is issued, the rate of interest
it bears, and the date on which such interest commences, and a statement
that such tax bill is a special lien against the land therein described,
giving the time such lien commences.
[CC 1975 §68.140]
Such special tax bills shall bear no interest for thirty (30)
days after their date, but after the expiration of thirty (30) days
they shall bear interest at the rate of eight percent (8%) per annum,
unless the Board shall, by ordinance, fix a different rate of interest;
but no rate fixed by the City shall exceed eight percent (8%) per
annum. Every tax bill shall be a lien, for a term of five (5) years
from and after its date, against the land described therein, unless
sooner paid. Provided, that the lien of tax bills payable in installments,
as herein provided, shall not expire until one (1) year after the
date of the maturity of the last installment.
[CC 1975 §68.150]
The City Clerk shall keep a record, in a book provided for that
purpose, of all tax bills issued by the City, which record shall show
the date and amount of each tax bill, the rate of interest it bears,
a description of the land against which it was issued, the name of
the party to whom it was issued, the street or part of street, alley,
or other highway improved, and the nature of the improvement; and
when a tax bill has been paid, and is presented to the City Clerk,
marked paid, he/she shall note on the record the satisfaction of such
tax bill.
[CC 1975 §68.160]
The cost of grading, paving, curbing, or guttering any street,
alley, or other highway, may be paid in five (5) annual installments,
payable respectively in one (1), two (2), three (3), four (4) and
five (5) years after the date of the tax bill, each installment to
be in an amount equal to one-fifth (1/5) of the original amount of
the tax bill, together with all of the then accrued interest.
[CC 1975 §68.170]
In order that the owner of any tract of land chargeable with
part of the cost of any improvement may avail himself/herself of the
privilege of paying the same in installments, he/she shall, prior
to the acceptance of the work by the City, notify the City Clerk,
in writing, that he/she desires so to pay the tax bill to be issued
against his/her property. In such cases the special tax bill shall
be payable in installments as herein provided, and it shall provide
that if any installment is not paid when due, the remaining unpaid
installments shall, at the option of the holder of the same, immediately
become due and payable. Provided, the owner of the land against which
any installment tax bill is issued shall have the privilege of paying
the full amount thereof, with accrued interest to date of payment,
on any installment paying date.
[CC 1975 §68.180]
Special tax bills herein authorized shall be assignable, and
the owner or holder of any such tax bill may enforce the collection
thereof by an action in any court of competent jurisdiction; and in
all actions thereon, the tax bill shall be prima facie evidence of
its own validity, and of the facts authorizing its issue, and that
it is a special lien on the land described in it. In any case where
it becomes necessary to bring a suit to enforce the lien of any tax
bills herein authorized, the lien of such tax bills shall continue
until the expiration of the litigation.
[CC 1975 §68.190]
Anyone desiring to pay a tax bill may pay the same to the City
Collector, who shall make out duplicate receipts therefor, one (1)
of which shall be delivered to the person paying the bill and the
other filed with the City Clerk. Upon delivery to him/her of the Collector's
duplicate receipt, the Clerk shall note on his/her record the satisfaction
of the bill, and the date thereof, and thereafter such bills shall
be considered as canceled.
[CC 1975 §68.200]
Upon presentation to him/her by the owner or holder of a tax
bill which has been paid, the Collector shall pay over to such person
the money collected thereon. The City shall be liable to the owner
or holder of the bill for the money collected thereon by the Collector,
who in turn shall be liable to the City on his/her bond for such collections.
[CC 1975 §68.210]
Any individual or company making any excavation in any street,
sidewalk, or other public way, shall keep the same adequately barricaded
and clearly marked at all times; and if any excavation be left open
over night, it shall be guarded with adequate barricades, and approved
kerosene flares, in sufficient number to mark the excavation clearly,
shall be placed around the excavation and kept burning all night.
Any individual or company failing to observe these precautions while
excavating in any street, sidewalk, or other public way, shall be
liable to the City for any sum it may have to pay for damage to property,
or injury to any person, resulting from the failure of the person
or company adequately to guard and light the excavation made; and
such damages may be recovered by the City, together with its cost
expended in the action, by institution of a suit in any court of competent
jurisdiction.
