Appleton City, MO Sidewalk Construction

[Ord. No. 026 §§1 — 13, 8-1-1949]

All sidewalks in the City of Appleton City shall be constructed and maintained at the expense of the owner of the lots or property in front of which the same shall have been or may be by ordinance required to be constructed.

The construction of all sidewalks and all matters pertaining thereto shall be governed and controlled by this Article, the Statutes of the State of Missouri, and such special ordinances as may be enacted by the Board of Aldermen of the City of Appleton City. The term "special ordinance", as used herein, and wherever the same occurs in this Article, shall be construed to mean an ordinance providing for the construction of any particular sidewalk or sidewalks in the City.

All sidewalks hereafter constructed within the City of Appleton City shall be constructed of sound flagstone not less than three (3) inches thick, or of good hard burned or vitrified brick, or of concrete not less than three (3) inches thick and such walks shall be smoothly and evenly finished. In all cases the sidewalks shall grade upward from the curb, toward the building line, at the rate of one-third (1/3) inch to the foot, unless otherwise provided for in special ordinance; and no sidewalk shall be less than four (4) feet or more than ten (10) feet in width.

Upon petition of any ten (10) or more citizens of the City of Appleton City for a sidewalk to be constructed within the said City, the Board of Aldermen may pass an ordinance requiring such sidewalk petitioned for to be built, or any part thereof, as by the Board of Aldermen may be deemed necessary, as may be designated in said ordinance.

Upon passage of a special ordinance requiring a sidewalk to be built, a notice to build such sidewalk shall be served upon each person owning lots or property abutting that part of the street or streets upon which said proposed sidewalk is to be constructed, and such notice shall be signed by the Mayor, and served by the Public Works Department or other designated City employee. Such notice shall be served by delivering a copy thereof to the owner or occupant of the property or lot, or by leaving a copy of the same at the usual place of abode of said owner with a member of the family over the age of fifteen (15) years, and said notice shall be in the following form: "Notice to Build Sidewalk, The City of Appleton City, St. Clair County, Missouri, to _________ you are hereby notified to construct a sidewalk in front of and alongside lot ________in block _____ on _______ street, Appleton City, Missouri, as provided by ordinance No. ____ approved on the ___ day _____ in the manner, with the materials, and within the time specified in said ordinance, as above mentioned. Issued at Appleton City, St. Clair County, Missouri, this _______ day of _______. Attest: _______ City Clerk, ______ Mayor."

[Ord. No. 2016-13, 12-12-2016]

After the service of such notice, all persons who shall elect to build such sidewalks themselves shall immediately notify the Public Works Superintendent of their intention to do so; and all such work done by the owners of the property shall be under the supervision and control of the Public Works Superintendent or other person having charge of the work on behalf of the City, and must be completed within thirty (30) days after the service of such notice.

In case any owner of property, or of any lot along such street, avenue or alley, or part thereof, be affected by the aforesaid ordinance, is unknown, or if found to be a non-resident of St. Clair County, aforesaid, or cannot be found within the City of Appleton City, such notice may be served upon his/her agent or by posting a copy thereof in some conspicuous place on said property or lot.

Before the Board of Aldermen shall make any contract for building any sidewalk, an estimate of the cost thereof shall be made by the City Engineer, or Public Works Superintendent, and submitted to the Board of Aldermen, and no contract shall be entered into by said Board for any such work for a price exceeding such estimate. Provided that no such estimate shall be required for making of repairs for sidewalks already constructed.

If, after the expiration of thirty (30) days after the serving of notice, said sidewalk shall not have been constructed, as required by any special ordinance, then the Board of Aldermen shall advertise for bids by not less than one (1) week's advertisement in some newspaper published in the City for the construction of any new sidewalks or for the construction of sidewalks in place of sidewalks that have been condemned. Such advertisement shall call for bids upon the plans and specifications filed therefor with the City Clerk, by the Public Works Superintendent, and such contract or contracts shall be let to the lowest and best bidder upon said plans and specifications.

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 cases where no bids have been received. The tax bills aforesaid shall be issued as soon as the work is completed and accepted by the Board of Aldermen.

Whenever the City shall advertise for bids for the construction of any new sidewalk, or for the construction of any sidewalk in the place of sidewalk or sidewalks condemned, and shall receive no bid therefor, the City may proceed to construct or re-construct 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 re-constructed shall be liable for the costs thereof, as reported to the Board of Aldermen by the officer having charge of the matter, and special tax bills shall be issued for the amount thereof, and such tax bills shall be valid in all respects whatever as the other special tax bills provided for in this Article, and collected in the same way.

All special tax bills, issued for special assessments for the construction of sidewalks as provided in this Article, shall be assignable and collectible in any action brought in the name of the City to the use of the holder 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 assessment, or 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.

The work of constructing any sidewalk under the provisions of this Article shall include all labor and materials necessary to fully complete the same, and the entire improvement, made under any contract duly entered into, shall be done in a thorough and workmanlike manner.