[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
- 1. Capital improvements to publicly maintained roads must occur within the right-of-way (prescriptive or dedicated) and/or grading, drainage easements.
- 2. Capital improvements shall not include the repairing of potholes with asphalt or concrete and snow removal.
- 3. The following items, but not limited to, are eligible for funding with capital improvement tax monies:
- a. Purchase of equipment used exclusively for road improvements;
- b. Construction of new roads and appurtenances;
- c. Road rebuilding and pavement overlays;
- d. Drainage structures, including improving drainage by ditching and adding culverts where necessary;
- e. Bridges;
- f. Salaries of personnel employed to make and administer road improvements;
- g. Engineering and planning fees for the preparation of plans and specifications.
- PUBLICLY MAINTAINED ROAD
- 1. 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.
- 2. Alleys shall not be classified as publicly maintained roads.
- 3. The existing road surface must consist of one (1) of the following: concrete, asphalt, macadam, crushed stone or gravel.
- 4. Public rights-of-way that have not been improved and surfaced shall not be classified as a publicly maintained road.
[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]
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.
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.
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]
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.
The City may open a newly developed street, avenue or other highway that meets all of the requirements of the ordinances of the City.
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.
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.
Procedure For Acceptance Of Streets.
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.
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.
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.
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.