[Ord. No. 1838 §1(36.010), 5-8-2001]
The construction, repairing and condemnation of sidewalks within the City of Eldon, State of Missouri shall be subject to the charter and in connection therewith be regulated and controlled and governed by this Chapter.
Each property owner shall be responsible for the repair and upkeep of sidewalks adjacent to his/her property. Repair and maintenance shall include snow removal and/or debris removal.
[Ord. No. 1838 §1(36.020), 5-8-2001]
No person shall construct or repair any sidewalk, or reconstruct or change the guttering or curbing adjacent thereto, without first obtaining authority to do so from the Street Superintendent. All work of constructing or repairing sidewalks, curbing or drainpipes, or grading or other preparation for some shall be done under the supervision and direction of the Street Superintendent or Building Commissioner.
[Ord. No. 1838 §1(36.030), 5-8-2001]
Any property owner may request the repair of or construction of sidewalks adjacent to his/her property. The property owner shall make formal application to City requesting the repair or construction. The Street Superintendent may do any of the following:
Remove the old sidewalk at no cost to the property owner;
Construct the sidewalk based on City's annual sidewalk (concrete linear foot) bid and request the Board of Aldermen tax bill the property owner;
Request that the property owner contact a private contractor to construct the sidewalk; or
Forward the request to the Board of Aldermen for construction as a project of general City interest.
The Board of Aldermen may allocate funds to construct sidewalks and tax bill property owners or use the transportation funds of the City to complete the construction.
[Ord. No. 1838 §1(36.040), 5-8-2001]
The City shall once request bids for the construction of sidewalks based on linear feet and width bid prices. Such bids shall be used for one (1) calendar year. If a contractor refuses to honor a bid, the Street Superintendent may rebid for sidewalks or bid any individual project using the City's bidding process.
[Ord. No. 1838 §1(36.050), 5-8-2001]
Any contractor as described in this Chapter who is the successful bidder shall be required to enter a contract with the City on each project and provide a sufficient bond.
[Ord. No. 1838 §1(36.060), 5-8-2001]
All work done under contract entered into under the provisions of this Chapter shall be done and carried on under the supervision and direction of the Street Superintendent, unless otherwise provided or by ordinance, who shall personally inspect the work as it progresses and see that the same is done in accordance with the plans, specifications, contract and ordinances governing the same. Each part thereof must be approved by him/her before that portion of the work next to follow is commenced.
[Ord. No. 1838 §1(36.070), 5-8-2001]
The Street Superintendent shall follow all applicable Sections of the City purchasing policy regarding modifications to contract.
[Ord. No. 1838 §1(36.080), 5-8-2001]
Whenever said work is completed by the contractor in compliance with the contract, plans, specifications and ordinances pertaining thereto the Board of Aldermen shall by resolution or ordinance accept such work. Except as noted in Section 510.030, upon such acceptance the Board of Aldermen shall by ordinance make special assessments and levy and assess a special tax for the cost of such improvements against the abutting lots or parcels of ground liable for said costs for its proportionate part of said costs per running foot in the name of the owner or owners of said lands upon data furnished by Street Superintendent or other authorized person as to the total costs of improvements, the total number of running feet fronting and abutting said improvements, a correct description of each lot or parcel of ground abutting said improvements, together with the number of running feet thereof and the name of the owner or owners thereof, the proportionate costs per front foot as properly apportioned and the amount of special tax against each lot or parcel of ground. Provided, that corner lots shall be charged with the cost of constructing the extension of sidewalks from the corner of the lot to the curb line of the intersecting street, alley or highway.
[Ord. No. 1838 §1(36.090), 5-8-2001]
After and upon the assessment and levy of said special tax as specified in Section 510.080, the City Clerk shall make out special tax bills payable to the City for such improvements in conformity with aforesaid assessments and data, which tax bills shall be signed by the Mayor and attested by said Clerk under the Seal of the City and shall be delivered to the contractor for the work.
Said special tax bill shall bear interest after thirty (30) days from the date of issue at the rate of eight percent (8%) per annum and shall be a lien against the lot or tract of land described therein until paid.
Said tax bills shall be collectible by action brought in the name of the City for the use of the contractor or his/her assignee, and in any such action they shall be prima facie evidence of the regularity of the proceedings for such special assessments, of the validity of the bill and of doing the work and furnishing the material charged for and of the liability of the property to the charge stated in the bill.
Said tax bills shall be assignable and collectible in any action brought by the holder or owner of said bills, but the City shall not be liable for the costs in any such suit in any action brought by the owner or holder of said bills.
[Ord. No. 1838 §1(36.100), 5-8-2001]
Whenever the City shall advertise for bids for the construction of any new sidewalks of any kind as provided in Section 510.030 of this Chapter or for the construction of sidewalks in place of sidewalks condemned by ordinance or resolution and shall receive no bids therefore, the City may by ordinance or resolution direct its City Engineer or Street Commissioner, or both, to construct or reconstruct said sidewalk at its own expense.
Such officer or officers 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;
Each lot or piece of ground abutting on the sidewalk constructed shall be liable for the costs thereof as reported to the Board of Aldermen by the officer or officers directed by ordinance or resolution to do or have done such work. There may be as many assessments included in one (1) ordinance as there are lots or pieces of ground reported as having received resulting benefits from the construction or reconstruction of any such sidewalks; and the Clerk shall issue tax bills payable to the City against each lot or piece of ground for the amount for which it is liable.
All such tax bills shall be assignable and be a lien on the lot or piece of ground therein described until paid and shall be collectible in any action brought in the name of the City to any action brought by the City in its own name and to the use of the holder thereof, or to its own use; but where any such bill has been assigned, the City shall not in any event be liable for any costs that may accrue in such action; nor shall the City be liable for the amount of any tax bills after the same is so assigned.
Such special tax bills shall in an action thereon be prima facie evidence of the regularity of the proceedings for such special assessments of the validity of the bills, of the doing of the work and furnishing of the material charged for and of the liability of the property to the charge stated in the bill.
Said tax bill shall bear eight percent (8%) interest per annum from thirty (30) days after the date of their issuance until paid.
[Ord. No. 1838 §1(36.110), 5-8-2001]
Whenever the City shall by order, ordinance or resolution condemn any wooden or defective sidewalk, it may in its discretion direct the Street Superintendent to deliver a copy of such order, ordinance or resolution to the owner or agent of the owner of the premises abutting upon the sidewalk so condemned, accompanied by a notice signed by said Street Superintendent, environmental officer, codes officer or Building Commissioner, requiring the person therein notified to reconstruct said sidewalk, with or without curbing as may be necessary, within such time as the notice may designate by order, ordinance or resolution. Said order, ordinance or resolution shall state the width of and material for said sidewalks and such other matters as the Board of Aldermen may deem proper or necessary. Said work shall be carried on under the supervision of the City Engineer or Street Superintendent.
[Ord. No. 1838 §1(36.120), 5-8-2001]
Whenever any person so notified to reconstruct his/her sidewalk in the place of the one condemned, as provided in the preceding Section, shall fail and neglect to do so within the time required in said notice, said Board of Aldermen may proceed in manner specified in Section 510.030.
[Ord. No. 1838 §1(36.130), 5-8-2001]
Local or special repairs of sidewalks not involving the entire reconstruction of any sidewalks abutting on the premises of any one (1) owner may be made by the Street Superintendent as the exigencies of the case require. Such commissioners shall keep an accurate account of the work and report the same to the Board of Aldermen for assessment, and each lot or piece of ground abutting on such sidewalk shall be liable for its part of the cost for said repairs made along or in front of such lot or piece of ground as reported to the Board of Aldermen and special tax bills shall issue therefor; provided, that before the Board of Aldermen shall make the assessment, the Street Commissioner may present an account of the cost of repairs to the owner or agent of the owner of the property as to which the repairs were made, and if the owner or agent shall pay the same within five (5) days, no assessment shall be made, but if said agent or owner shall fail or omit to pay the same within said time, said assessment shall be made by the Board of Aldermen and the special tax bill shall be issued against the property for the cost of such repairs. Such tax bills shall constitute a lien on the property and be collectible on action brought thereon by the City in its own name, and such tax bills shall be prima facie evidence of its regularity and validity and of the legality of the charge therein made.
The foregoing provisions of this Section shall not be construed to prohibit the repairs mentioned therein by the abutting property owners at his/her expense where the same are made with the consent and under the direction of the Street Commissioner.
[Ord. No. 1838 §1(36.140), 5-8-2001]
All special tax bills issued under the provisions of Sections 510.100, 510.130 and 510.180 shall be signed by the Mayor and attested by the City Clerk under the Seal of the City and shall be made out by said Clerk in conformity with the assessment for such improvement and from data furnished by the City Engineer or Street Superintendent and shall be against the property liable for said improvement in the name of the owner thereof and shall contain a description of said property, the total number of front feet contained in the abutting property, the proportionate cost per running front foot and the amount for which the particular property is liable, and, when practicable, the number of square feet contained in the improvement, and the material used. When the work is done by the City, the tax bill shall so state.
[Ord. No. 1838 §1(36.150), 5-8-2001]
All tax bills issued under the provisions of this Chapter, except as herein otherwise specially provided, shall bear interest not exceeding eight percent (8%) per annum from thirty (30) days of their issuance until paid.
[Ord. No. 1838 §1(36.160), 5-8-2001]
All sidewalks shall be constructed or reconstructed or repaired with such material and in such manner as the Street Superintendent may direct. Their width shall extend from the building line to the curbing unless otherwise authorized by the Street Superintendent. It shall be the policy of the City, so far as practicable, to cause the material and dimensions of sidewalks to be uniform on the same blocks. Any person, including contractor, occupant, owner or agent of the same, violating the provisions of this Section by using material other than that directed by the Street Superintendent or by refusing to conform to the proper grade or proper dimensions shall be guilty of a misdemeanor punishable by a fine of not less than five dollars ($5.00) nor more than fifty dollars ($50.00).
[Ord. No. 1838 §1(36.170), 5-8-2001]
Any interference with the duties of the City Engineer or Street Superintendent, or any officer of the City as prescribed in this Chapter, or with any person employed by them shall be deemed a misdemeanor and the person guilty thereof shall be punished by a fine of not less than ten dollars ($10.00) nor more than fifty dollars ($50.00) or by imprisonment in jail not exceeding thirty (30) days, or by both such fine and imprisonment.
[Ord. No. 1838 §1(36.180), 5-8-2001]
No water or other drainage shall run from a house or other structure or from any premises over the sidewalks, and all conduits, drainpipes or gutters conducting said water or drainage from said houses or other structures or premises shall be placed entirely under the surface of the sidewalk.
The Street Commissioner may notify the owner or his/her agent or the occupant of any house or structure or premises permitting water or other drainage to run therefrom over the sidewalk to cause said conduit or gutter or drainpipe to be placed under the sidewalk. Said work shall be done under the direction and supervision of the Street Superintendent.
Any failure on the part of any person so notified to comply with this Chapter within ten (10) days after the service of notice as aforesaid shall be deemed a misdemeanor punishable by a fine of not less than ten dollars ($10.00) nor more than fifty dollars ($50.00).
After service of notice, the neglect of the owner or agent or occupant of the premises to place said guttering, conduit or drainage pipe under the sidewalk within the time required, the Board of Aldermen may by ordinance or resolution direct the City Engineer or Street Commissioner to do the work required in said notice. Said commissioner or engineer, as the case may be, shall keep an accurate account of the cost of said work, including the materials therefor.
If the owner or occupant aforesaid shall, upon the presentation to him/her of said account, refuse or fail to pay the same, the Board of Aldermen may, in its discretion, assess said account as a special tax against the lot or piece of land abutting on said improvement, and a special tax bill shall issue therefor. Said bill shall be a lien on the property against which they are levied and shall be prima facie evidence of their validity and of the regularity of the proceedings thereunder and of the cost of the work therein charged for. They shall be sued by the City and their collection enforced in the same manner special tax bills for other work done directly by the City in reference to sidewalks.
[Ord. No. 1838 §1(36.190), 5-8-2001]
All vehicle crossings from the streets to the gateways, used by teams, or private alley shall have good substantial platforms or culverts between the streets and sidewalks built so as to permit the water to pass freely under the crossing and not obstruct the highway and shall be kept clear and open by the owner or occupant of the property, lot or lots in front of or on the side of which said crossing is situated. Any approach or crossing to and from private property to any street or alley not complying with the above requirements shall be deemed an obstruction to the public street and may be forthwith removed and the owner or occupant of the lot or property shall be deemed guilty of a misdemeanor and punished by a fine of not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00), and in addition thereto the cost of putting in a good and sufficient approach to the sidewalk or alley and the cost of same may be assessed and recovered in the manner provided in this Chapter for the assessment and recovery for construction of sidewalks.
The Street Superintendent may assist any resident in the replacement of a crossing. The property owner shall be responsible for the cost of the culvert or mechanism of crossing and/or the cost of installing the culvert or mechanism of crossing. The Street Superintendent may waive the cost of installing the culvert at his/her discretion.
[Ord. No. 1838 §1(36.200), 5-8-2001]
The City Clerk shall, upon completion of all special tax bills issued under the provisions of this Chapter, enter an abstract thereof in a special book provided for that purpose. Said abstract shall recite the date of the tax bill, the name of the property owner and of the person in whose favor it is issued, and a description of the property subject to the lien, amount of tax bill and the character of the improvement for which it is issued.
When any tax bill is assigned, such assignment shall be noted thereon and the assignee shall exhibit the same to the City Clerk who shall, on the margin of said tax bill, appropriately note such assignment. The party liable to pay such tax bills may either pay the owner of said tax bill, or he/she may pay the amount of said tax bill to the City Collector who shall accept the money and make out duplicate receipts therefor, one (1) of which he/she shall deliver to the person so paying the tax bill and the other he/she shall file with the City Clerk. The Clerk shall note the filing of the receipt on the margin of the abstract of the tax bill and mark the letter "canceled" and shall affix his/her name to such cancellation with the date thereof. Such cancellation shall have effect to extinguish all liability or right of action of such tax bill.
The Collector, on the presentation to him/her of the tax bill by its owner, shall pay to him/her the amount thereof, take his/her duplicate receipts therefor, one (1) of which shall be filed with the City Clerk who shall note it on the margin of the abstract of the tax bill, and the other the Collector shall retain.
The Collector shall be liable on his/her bond for said collection and shall receive as compensation for his/her services a commission of two percent (2%) on the amount so collected by him/her.
All tax bills issued to the City for work done by it under the provisions of this Chapter shall be delivered to the City Collector who shall collect the same without delay.
[Ord. No. 1838 §1(36.210), 5-8-2001]
All notices required by the provisions of this Chapter shall be served on the person named therein either personally or by leaving the same at his/her usual place of abode with some member of his/her family over fifteen (15) years of age or may be served by registered letter mailed through the proper post office of such person if a non-resident of the City. Any notice hereinbefore required to be served by the Street Commissioner may be served with like force and effect by the Marshal or any regular Policeman.
[Ord. No. 1838 §1(36.220), 5-8-2001]
All street and sidewalk improvements to be made on Maple Street between North Street and Sixth Street in downtown Eldon, Missouri, shall comply with specifications and standards as established by the Board of Aldermen of the City of Eldon.
The design standards and specifications for Maple Street between North Street and Sixth Street shall be as set out in Exhibit "A" to Ordinance No. 1446 on file with the City Clerk with the following exceptions: