[R.O. 2016 § 515.070; CC 1994 § 16.205]
The City Council is hereby given
the power to regulate and control sidewalks along any of the streets,
avenues or other highways within the City, as provided in Sections
88.863 to 88.913, RSMo.
[R.O. 2016 § 515.080; CC 1994 § 16.210]
A.
The term "approaches" or "sidewalk approaches"
as used in this Article shall be understood to mean the extension
of sidewalks at corner lots from the property line each way to the
street curb line, and being in fact the connection across the parkway
or intervening space between the corner of the property and the crossing
in the street.
B.
The words "City Engineer" shall be construed
to mean the person appointed, authorized or employed by the City Council
to exercise and perform the duties and functions commonly appertaining
to such officer.
[R.O. 2016 § 515.090; CC 1994 § 16.215]
The City Council may, by ordinance,
condemn any sidewalk which they may deem to be in a dangerous or defective
condition or out of repair, or any sidewalk which is not located upon
the established grade and line for sidewalks on the street on which
it is located, as provided by the ordinances of the City of Park Hills,
or any sidewalk which does not conform to the specifications and requirements
for sidewalks in this City, as provided by the ordinances of this
City, and to provide for the removal of any sidewalk so condemned.
[R.O. 2016 § 515.100; CC 1994 § 16.220]
The City Council may, by ordinance,
regulate the building, construction, reconstruction or repair of sidewalks,
and may adopt plans and specifications for sidewalks and parkways,
which parkways shall include all of the space between curbstone and
the building or property line, or any space in the center of a street
which may be set aside as a parkway, and prescribe and require certain
materials to be used, and the manner and form of doing said work,
including the kind of shade trees to be planted and the manner of
their care and preservation.
[R.O. 2016 § 515.110; CC 1994 § 16.225]
The City Council may, by ordinance, provide that the owner of any lot or tract shall build and construct, or rebuild or reconstruct or repair, a sidewalk lying along and adjacent to his/her said property, and may require said owner to grade, fill or park that portion of the street lying between the property line and the street curb line, and to build approaches as defined in Section 515.080(A) and may provide for the serving of notice to do said work by delivering a written order to said property owner, or his/her representatives, or by publication, and may provide, by ordinance, that any person who shall, after having been notified as above, fail, neglect or refuse to comply with said order, shall be guilty of an offense, and shall be punished by a fine of not less than five dollars ($5.00) and not more than one hundred dollars ($100.00) for each offense.
[R.O. 2016 § 515.120; CC 1994 § 16.230]
A.
The City Council may, by ordinance, provide for the building of any sidewalk or for the rebuilding and reconstruction of the same, including grading and filling therefor, and including the removal of any obstructions, and including approaches [as defined in Section 515.080(A)] at corner lots, and including the grading or parking of that portion of the street lying between the property line and the street curb line, by contract, and levy a special assessment against each lot or tract along which such work is done, for the cost thereof, as provided in Section 515.140; provided, however, that no such contract shall be let until the plans and specifications for said work have been adopted by ordinance, provided that such adoption may be by reference to general plans and specifications, which have already been adopted by ordinance by the City of Park Hills.
B.
No contract shall be let until an advertisement
for bids for the doing of said work has been published in at least
one (1) issue of a weekly newspaper or at least two (2) consecutive
issues of a daily newspaper, published in the City of Park Hills,
or if there is no paper published in Park Hills, in some newspaper
published in the County in which said City is located, and the date
for the opening of said bids shall be at least ten (10) days after
the date of the first publication of said advertisement for bids;
and provided, further, that before the said bids are opened, the City
Engineer, or other proper person designated by ordinance by the City
Council, shall prepare and file an estimate showing the estimated
quantities of grading, filling and of the various materials required
for the sidewalk in front of each separate lot, tract or parcel of
ground, and an estimate of the cost of said work per cubic yard or
per square yard, as the case may be, and an estimate of the cost of
the removal of any obstruction; and no contract shall be let for a
price in excess of the said estimate of the cost.
C.
After the bids are opened by the City Council, the City Council shall let the contract for said work to the lowest and best responsible bidder, and in case there are no bids received, or that all bids are rejected for any reason, the City Council may re-advertise for bids for said work, or may, by ordinance, order and require the City Engineer or other proper person to build and construct said sidewalk or do the other work as herein contemplated, according to the specifications adopted therefor (provided, however, that the cost of said work shall not exceed the estimate of the City Engineer previously filed), keeping an accurate account of the cost of the separate items thereof, and the City Council shall pay for the labor and material and all other costs of said work out of any funds which they may have on hand available for such purpose; and at the completion of said work (either by contract or by the City, as last provided) shall levy the cost thereof as a special assessment against the lot, tract or parcel of ground along which each of said sidewalks or other improvements is made in the manner as provided in Section 515.140.
[R.O. 2016 § 515.130; CC 1994 § 16.235]
The City Council may, by ordinance,
provide for the repairing or reconstruction of any sidewalk by the
City Engineer or other proper person designated in said ordinance,
paying the cost thereof as provided in this Article, and may assess
and levy the cost thereof as a special assessment, as specified in
this Article.
[R.O. 2016 § 515.140; CC 1994 § 16.240]
The cost of any of the work or improvements
contemplated in this Article that are made and done either by contract
or by the City Engineer or other proper person acting for the City
as above provided (except the cost of condemnation and removal of
sidewalks, which shall be paid by the City) shall be levied as a special
assessment against the lot, tract or parcel of ground along and in
front of which said improvement is made; and the cost of the approaches,
as defined in this Article, shall be levied as a special assessment
against the corner lots which said approaches abut and connect with.
Said assessment shall be levied by ordinance, in which ordinance shall
be set out separately the number and title of the ordinance under
authority of which the work will be done, a separate description of
each lot, tract or parcel of ground assessed, the name of the owner
thereof, the number of front feet therein abutting on said improvement,
the separate items of cost of said improvement and the total amount
thereof; and said assessment ordinance shall further provide for the
making out of tax bills by the City Engineer, or other proper person
therein designated, in evidence of said assessments, payable to the
contractor doing the work, and for the delivery of said tax bills
in payment for said work, or if the work was done by the City Engineer
or other person acting for the City as provided in this Article, the
tax bills shall be made payable to such engineer or other person and
for and to the use of the City, and shall be collected the same as
other tax bills.
[R.O. 2016 § 515.150; CC 1994 § 16.245]
A separate tax bill shall be issued
against each lot or tract against which an assessment has been made,
and shall state therein the name of the owner of record of the lot
or tract assessed, an adequate description of said lot or tract, the
number of front feet therein abutting on the improvement, the number
of the improvement ordinance under which the work was done, and the
number of the assessment ordinance under which the tax bills are issued,
the different items of improvement and total cost thereof; and shall
be payable to the contractor doing the work, or to the City Engineer
or other person to and for the City, as the case may be. Said tax
bills shall be due in thirty (30) days after the date of issue thereof,
and may bear interest as provided by ordinance, after said thirty
(30) days, at a rate not to exceed eight percent (8%) per annum.
[R.O. 2016 § 515.160; CC 1994 § 16.250]
Any and all real property shall be
liable for the cost of the improvements contemplated in this Article,
whether owned by a person, company, corporation, railroad corporation
or company, church, charitable institution, educational institution,
eleemosynary institution, cemetery or cemetery association, or any
other institution or association whatever, except real estate owned
by the State of Missouri or by any State Institution, or by the United
States, or by any County, Township or City, and the tax bills so issued
on any and all property, except those last named and excepted, shall
be and constitute a first and prior lien against the property described
therein, and second only to the lien of State, County and City taxes,
and said lien shall continue for a period of three (3) years after
the maturity of each or any of said tax bills, or until the final
determination of any legal proceedings to collect the same.
[R.O. 2016 § 515.170; CC 1994 § 16.255]
Any real estate owned by the State
of Missouri or by State Institutions, or owned by any County, Township
or City, shall be liable for the cost of any of the improvements contemplated
and provided for in this Article, the same as other property, and
an assessment shall be made thereon and tax bills issued in the same
manner as tax bills against other property provided for in this Article,
and said tax bills shall be a valid and subsisting claim against such
State, State Institutions, County, Township or City, the same as any
other debt or demand against such State, State Institution, County,
Township or City, and shall be paid for out of funds appropriated
by them for such purposes, and shall bear interest at a rate not to
exceed eight percent (8%) per annum from thirty (30) days after the
date of issue until paid.
[R.O. 2016 § 515.180; CC 1994 § 16.260]
Any special tax bills, issued under
the provisions of this Article shall, in actions thereon, be prima
facie evidence of the regularity of the proceedings for such special
assessment, 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.
[R.O. 2016 § 515.190; CC 1994 § 16.265]
All of the tax bills as provided
in this Article, shall be certified as correct by the City Engineer
or other person who has made the computation under authority of the
City Council, and shall be signed by the Mayor, attested by the City
Clerk under the Seal of the City.
[R.O. 2016 § 515.200; CC 1994 § 16.270]
All such tax bills shall be recorded
by the City Clerk in a book kept by him/her for such purpose before
the delivery of said tax bills. The City Clerk shall release said
tax bills on the margin of the record thereof, upon presentation of
the tax bills duly marked "paid" by the holder or assignee, or upon
presentation of other suitable evidence that such tax bill has been
paid in full.
[R.O. 2016 § 515.210; CC 1994 § 16.275]
In any suit or proceedings to enforce
the collection of any special tax bill issued under the provisions
of this Article, it shall only be necessary for the owner thereof
to charge in the petition that such amount is due by the defendant
to the plaintiff for a certain improvement made by virtue of certain
ordinances, giving their title and date of adoption; provided, that
nothing in said Sections shall be so construed as to prevent any defendant
from pleading and proving in reduction of any bill any mistake or
error in the amount thereof, or that the work therein mentioned was
not done in a good and workmanlike manner; and provided, further,
that if any party shall plead any mistake or error in the amount of
the bill, or that the work was not done in a workmanlike manner, and
that such party, before the commencement of the suit, tendered to
the contractor, or holder of the bill, the full value of the work
done, and shall establish the same on the trial, the recovery shall
only be in the amount so tendered, and judgment for costs shall be
rendered against the plaintiff; provided, further, that if it be pleaded
and proved that the work for which the bill was issued was not done
according to the terms of the contract made by the contractor with
the City, then the plaintiff or plaintiffs shall recover thereon only
the actual value of the work done, with interest at six percent (6%)
from date, if of any value; and if not of any value, the judgment
shall be for the defendant. No suit for the collection of any tax
bill shall be defeated or affected by any irregularity affecting any
other bill, or matter rendering any other bill invalid in whole or
in part; provided, further, that if at any time it is found that there
has been any error in the issuance of any tax bills or in any assessment,
or in the mode or manner of any assessment, the same shall be corrected
and a reassessment made (if necessary to correct the mistake) by the
proper officials, and said reassessment shall be as binding and in
all respects the same as if no previous assessments had been made
or tax bills issued.
