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City of Clayton, MO
St. Louis County
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Table of Contents
Table of Contents
The city may make public improvements authorized by law and by Articles I and II of this charter. The power to make public improvements may be exercised by the city outside the city limits for the benefit of the city and its inhabitants.
Public improvements may be paid for, in whole or in part, out of: (1) general funds, (2) proceeds from the sale of bonds, (3) special assessments which may be evidenced by special tax bills charged and assessed against property benefited by the improvement, or (4) the revolving public improvement fund herein authorized. All ordinances and contracts for public improvements shall specify the method of payment for the improvements. In case payment is to be made in whole or in part to the contractor by special tax bills or other evidences of assessments upon real property, the city shall in no event be liable for the part to be so paid.
When work is to be done by contract, except work or repairs requiring prompt attention, the city shall advertise for bids therefor upon such notice as may be prescribed by ordinance. Any or all bids may be rejected. Except for such right of rejection, the city manager shall let the contract to the lowest responsible bidder, and shall cause the contract to be formally executed by the contractor and by the city manager on behalf of the city. Such contract, before it becomes binding and effective, shall be confirmed by an ordinance of the board of aldermen. Work may be done by the city's own departments and employees when no satisfactory bid is received therefor, or when deemed advisable by the city manager.
All proceedings to make any public improvements, except work or repairs requiring prompt attention and ordinary maintenance work, shall be initiated by the adoption of a resolution by the board of aldermen declaring the necessity of such improvement, and stating the nature thereof and the method of payment therefor. When payment is to be made by special tax bills or other evidences of assessments upon real property, or out of the revolving public improvement fund, as herein provided, the resolution shall state the proposed method of making assessments to pay therefor. The resolution shall also state the estimate of the probable cost of such improvements, but any error or inaccuracy in such estimate as compared with the actual cost of the work shall not affect the validity of the proceedings, or of any assessments made, or of special tax bills issued to pay for such work.
Upon the adoption of a resolution with respect to any public improvements which are to be paid for in whole or in part by special assessments upon real estate, the board of aldermen shall fix a date for a public hearing to be held not less than ten nor more than thirty days thereafter, at which persons interested in such improvements may be heard. The board of aldermen shall cause a copy of its resolution, together with notice of the date of public hearing, to be published in two consecutive issues of any newspaper printed or published in the city. If no newspaper be printed or published in the city, such copy and notice may be published in any daily newspaper of general circulation in the city. After such hearing, the board of aldermen may determine that it is or is not in the public interest that such improvements or any part thereof be made.
The city manager shall cause plans and specifications for the proposed improvements to be prepared and submitted to the board for approval. Such plans and specifications insofar as practicable shall not limit the materials to be used to those of any particular producer or manufacturer, but shall be arranged insofar as practicable to permit materials and processes to enter into competition.
Whenever any portion of the cost of improvements is to be met by special tax bills or assessments, the ordinance shall specify the portion thereof and set forth the boundaries of the district within which property is to be so assessed. Special assessments may be made and collected by the city as other taxes on real estate, or special tax bills may be issued to the contractor. Any such tax bills may be purchased by the city from the contractor out of any funds available for such purpose.
The cost of any public improvement to be paid for in whole or in part by assessments on property specially benefitted may include the direct cost, the damages occasioned, a reasonable charge for administrative expenses, and any other items which may reasonably be attributed to the public improvement. The amount to be assessed against all property specially benefitted shall be apportioned among the individual parcels in proportion to their respective benefits in the manner designated by the board of aldermen.
Upon the completion of any public improvements the payment for which is to be made by special tax bills, the board of aldermen shall by ordinance direct the issuance of said tax bills. When said ordinance is approved, the tax bills authorized thereby shall become a lien upon the property charged therewith, which lien shall continue for six years from the date of issue unless sooner paid, and unless suit be brought to collect the same within that time, in which case the lien shall continue until the final determination of the proceedings to collect. There shall be no priority among special tax bills issued under this charter, regardless of the date of such bills. They shall be payable to the party entitled thereto either at the office of the director of finance or at some bank or trust company in the City of St. Louis or in St. Louis County, Missouri, at the option of the party so entitled. They shall be promptly registered in the office of the director of finance and delivered to the person entitled. All tax bills herein authorized shall be assignable and they shall be prima facie evidence of what they contain and of their own validity, and no mere informality or clerical mistake in any of the proceedings shall be a defense. Such tax bills shall mature at such times and bear such rate of interest as may be prescribed by the ordinance directing the issuance thereof, and at the request of the property owner, made to the director of finance prior to the issuance of the bills, may be made payable in annual installments, not exceeding five.
If any such special tax bill or special assessment shall fail to be valid in whole or in part, or if for any cause, mistake, or inadvertence the amount assessed shall not be sufficient to pay the cost of such improvements, the board of aldermen shall be authorized to cause such assessment to be reassessed and to enforce or authorize the enforcement of its collection.
Upon recommendation of the city manager, the board of aldermen may make further provision by general ordinance, not inconsistent herewith, for special assessments, the issuance of special tax bills, the collection thereof, and all matters incidental thereto.
There is hereby created a fund to be known as the revolving public improvement fund. Said fund may be maintained from the following sources:
(1) 
Appropriations from the general funds when available.
(2) 
The proceeds from bond issues, as provided in this charter.
(3) 
Collections of special assessments or special tax bills and any interest thereon, levied or issued for public improvements previously paid for out of the revolving public improvement fund.
(4) 
The proceeds from the sale of special tax bills.
(5) 
Any other source permitted by law or ordinance.
Whenever the board of aldermen shall authorize the cost of any public improvements to be paid out of the revolving public improvement fund, any special assessment and interest thereon that may be levied and collected on account of such improvements, or the proceeds from the collection of any such tax bills and interest thereon, shall be credited to and paid into said fund.