[R.O. 1994 §505.010; CC 1955 Ch. 8 §1]
The City of Jonesburg reserves itself the exclusive control
of all streets, avenues, alleys, public highways, thoroughfares, and
sidewalks within the City, and may by ordinance open, improve or vacate
such streets, alleys, public highways, and sidewalks, and may build
sidewalks, bridges, culverts, drains, and sewers within the City;
and may establish grades for all such improvements; provided, however,
that in all instances the said City shall follow such procedure as
is set out under the laws of Missouri.
[R.O. 1994 §505.020; CC 1955 Ch. 8 §2]
The cost of bringing to grade all streets, avenues, alleys,
and other highways, and for the building of bridges, culverts and
foot walks, across streets, avenues, alleys and other public highways,
shall be paid out of the Street Fund of the City.
[R.O. 1994 §505.030; CC 1955 Ch. 8 §3]
The cost of paving, macadamizing, guttering and curbing (where
such curb is set out into the street beyond the sidewalk) all streets,
avenues, alleys and other highways, or any part thereof or any connection
therewith, and repairing the same, and for doing all excavating and
grading necessary for the same, after said streets, avenues, alleys
and other highways, or parts thereof or connections therewith, have
been first brought to grade, as hereinbefore provided, shall be levied
as a special assessment upon all lots and pieces of ground upon either
side of street, avenue, alley or other highway, or part thereof or
connection therewith, abutting thereon, along the distance improved,
in proportion to the front foot.
[R.O. 1994 §505.040; CC 1955 Ch. 8 §4]
The City of Jonesburg, Missouri, shall have and is hereby granted
power, authority and right to issue its bonds, within the limits prescribed
by the Constitution, for the purpose of paving, graveling, macadamizing,
guttering and curbing all or any part of any public street, alley,
avenue or public highway. Such bonds shall not be issued until two-thirds
(2/3) of the legal voters of such City have assented thereto in accordance
with law.
[R.O. 1994 §505.050; CC 1955 Ch. 8 §5]
The assessments made for making and repairing sidewalks and
sidewalk curbing, or for sewers and for grading, paving, excavating,
macadamizing, curbing and guttering all streets, avenues, alleys,
the square and other highways, and repairing the same, as herein provided,
shall be known as "special assessments for improvements," and shall
be levied and collected as a special tax, and a special tax bill shall
issued therefor, and shall be paid in the same manner provided by
ordinance. Said special tax bills may bear interest after thirty (30)
days from the date of issue at a rate of not to exceed the rate of
per annum, on ten-year United States Treasury Notes as established
at the most recent auction, and every such special tax bill shall
be a lien against the lot or piece of ground described in the same
until the same is paid.
[R.O. 1994 §505.060; CC 1955 Ch. 8 §6]
The Board of Aldermen shall have power to create, open and improve
any public square, public park, street, avenue, alley or other highway,
old or new, and also to vacate or discontinue the same whenever deemed
necessary or expedient; provided, that all damages sustained by the
citizens of the City or the owners of the property therein shall be
ascertained as prescribed in that portion of this Article relating
to the condemnation of private property for public use; and provided
further, that whenever any public square, street, avenue or alley,
or other highway, shall be vacated, the same shall revert to the owners
of the adjacent lots in proportion as it was taken from them; and
when the grade of any street or alley shall have been once established
by ordinance, it shall not be lawful to change such grade without
making compensation to all persons owning real estate on such street
or square, avenue, alley or other highway, who may be damaged by such
change of grade, to be determined and governed in all respects, with
reference to benefit and damages, as is provided in this Article.
[R.O. 1994 §505.070; CC 1955 Ch. 8 §7]
The Board of Aldermen may by ordinance, require any sidewalk,
curb or guttering to be constructed on any street or other place within
the corporate limits of the City and shall as soon as practicable
cause a written notice of said ordinance to be served upon the owner
of the property, premises or lot adjacent to or abutting upon the
street or place whereon said sidewalk is to be built. Said notice
shall require such person to build such sidewalk within thirty (30)
days from the date of the service thereof. No sidewalk is to be constructed
less than four (4) feet in width; provided, however, that whenever
one-half (1/2) of the owners of lots on either side of any City block
within the City have constructed a concrete sidewalk or curb and guttering
at the prescribed location in front of their said lot or lots, it
shall become incumbent upon the remaining property owners on such
side of the street within such block to construct a sidewalk or curb
and guttering at the prescribed location in front of their lots.
[R.O. 1994 §505.080; CC 1955 Ch. 8 §8]
The notice required in Section 510.070 shall be in writing and signed by the City Clerk and shall contain a copy of the ordinance passed by the Board of Aldermen authorizing such sidewalk, or curb and guttering to be built. The notice shall be served by the Chief of Police by delivering a copy of the original notice to the owner of the abutting property, or, if the owner be a non-resident, notice may be served on him/her by delivering a copy thereof to his/her agent or tenant, if he/she have any in the City; if he/she have no agent or tenant, then by publication in some newspaper published in the City, or if there be no newspaper published in the City, then in the next nearest newspaper published in the County in which said City is situated.
[R.O. 1994 §505.090; CC 1955 Ch. 8 §9]
It shall be the duty of the owner of said abutting property,
after being served with notice to construct said sidewalk, to have
the same completed within thirty (30) days after the service of said
notice. In case the owner fails to construct said sidewalk as required
by ordinance, the Board of Aldermen may cause the same to be built
and charge such owner or owners with the cost thereof by special tax
bill against the property, and may proceed to collect the same as
hereinafter directed, provided that the corner lots and intersections
shall be liable for and shall be assessed for the extension of sidewalks
to the curbline each way.
[R.O. 1994 §505.100; CC 1955 Ch. 8 §10]
In case the owner of such abutting property fails or refuses
after being notified, to construct such sidewalks, the said Superintendent
of Public Works shall prepare specifications for said work, with or
without curbing, as the ordinance may specify, and shall also make
an estimate of the cost thereof. Such specifications and estimate
shall be filed with the City Clerk and submitted to the Board of Aldermen
for approval; provided, however, that no specifications or estimates
shall be required for the making of any legal or special repairs.
[R.O. 1994 §505.110; CC 1955 Ch. 8 §11]
After the estimate of the Superintendent of Public Works is
approved by the Board of Aldermen the Superintendent of Public Works
shall advertise for bids for the construction of such new sidewalk
or any portion thereof remaining to construct, which advertisement
shall be published in accordance with Section 88.880, RSMo. The Board
of Aldermen shall open such bids and shall let such contract to the
lowest and best bidder; provided, however, the City may reject any
or all bids submitted and, provided further, that no contract shall
be let on any bid exceeding the estimate made by the Superintendent
of Public Works.
[R.O. 1994 §505.120; CC 1955 Ch. 8 §12]
Whenever the Superintendent of Public Works has advertised for
bids for the construction of any sidewalk and receives no suitable
bids therefor, the Board of Aldermen may order the Superintendent
of Public Works to construct or reconstruct such sidewalk at the expense
of the City, in which event the Superintendent of Public Works shall
keep an accurate account of the amount expended for labor and materials,
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 so constructed
or reconstructed shall be liable for the cost thereof, and special
tax bills shall be issued for the amount thereof.
[R.O. 1994 §505.130; CC 1955 Ch. 8 §13]
As soon as such sidewalks are completed and accepted by the
Board of Aldermen, the Superintendent of Public Works shall compute
the cost thereof and return such computation to the Board of Aldermen,
who shall by ordinance assess a special tax against the lots or tracts
of land as herein provided, and the City Clerk shall make out a certified
bill of such assessments against each lot or tract of land in the
name of the owner or owners thereof, and such certified tax bill shall
be delivered to the contractor who shall receive and receipt for the
same in full of all claims against the City of Jonesburg for all work
done or materials furnished under his/her contract. In the event that
said sidewalk shall have been constructed, repaired or reconstructed
by the City as provided for in this Chapter, such bill, when made
out and certified by the City Clerk, shall be recorded in the book
kept for that purpose and then delivered to the City Collector, who
shall be charged with the amount thereof by the City Clerk, and the
City Collector shall immediately proceed to collect the same, and,
if it is not paid within thirty (30) days after demand is made therefor,
he/she shall institute suit thereon.
[R.O. 1994 §505.140; CC 1955 Ch. 8 §14]
Any person taking any contract with the City of Jonesburg for
work under this or any other special ordinance, shall be paid in special
tax bills made in conformity to this Chapter and the laws of Missouri.
[R.O. 1994 §505.150; CC 1955 Ch. 8 §15]
In addition to the powers hereinbefore granted, the Board of
Aldermen may, by ordinance or resolution, condemn wooden and defective
sidewalks, and may remove walks so condemned, and may provide for
the construction of new sidewalks in the place of walks so condemned
and removed, provided that the construction of such condemned sidewalks
shall proceed in every way as is provided in this Chapter for the
construction of new sidewalks.
[R.O. 1994 §505.160; CC 1955 Ch. 8 §16]
The public streets in the City of Jonesburg, when not otherwise
specifically provided for, are hereby dedicated to uses as follows:
strip of twelve (12) feet width on the outer side of every street
for use of sidewalk, to be used for foot passage; strip of two and
one-half (2 1/2) feet width, next to each sidewalk on the inner
side for guttering, which said strip for guttering is not intended
for travel, but is to serve the purpose of storm sewers in the City;
and said guttering shall not be less than two and one-half (2 1/2)
feet in width; and the remaining portion of the street is declared
dedicated for vehicular traffic, provided that the Board of Aldermen
may dedicate or order certain parts of streets to be used for park
purposes. No steps, coal chutes, cellar ventilators, elevated driveways
or other obstruction is to be erected on any part of the strip dedicated
for sidewalk purpose, unless made flush with the sidewalk.
[R.O. 1994 §505.170; CC 1955 Ch. 8 §17]
All shade trees planted by an adjoining lot owner shall be set
on the outer side of the sidewalk, next to the curb. All porch and
awning posts shall in like manner be set on the outer edge of the
sidewalk.
[R.O. 1994 §505.180; CC 1955 Ch. 8 §18]
All telephone and electric light poles shall be set on the outer
edge of the sidewalk, just inside of the curbings, unless otherwise
directed by the Board of Aldermen. All such telephone and electric
light poles shall be not less than twenty (20) feet in height above
the ground, and shall be straight and amply strong to carry the weight
resting on them. The swags of all wires at the lowest point to be
not less than twenty (20) feet above the ground. All anchor lines
or guy wires shall be boxed with either wood or metal to a height
of not less than seven (7) feet from the ground, provided that in
erecting electric light or telephone poles no shade trees shall be
removed, but electric light and telephone companies, through their
agents, servants, and employees, shall have the right and authority
to carefully trim, with the least possible damage or disfigurement,
to the tops or crowns of shade trees planted along sidewalks so as
to avoid interference with telephone or electric light wires that
pass through such trees.
