City of Malden, MO Article III Construction Of Sidewalks And Curbs

Section 530.180 Condemnation And Replacement Of Wooden And Defective Sidewalks. [1]

[R.O. 1993 § 530.180; R.O. 1932 § 632; CC 1969 § 25-28]

Upon request or recommendation of the Street Commissioner, the City Council may by ordinance or resolution condemn defective sidewalks and provide for the construction of new sidewalks in the place of those condemned and ordered removed.

[1] State Law Reference: For similar provisions, see § 88.533, RSMo.

Section 530.190 Petition To Initiate Construction — Duties Imposed Upon Abutting Property Owners — Procedure By City If Property Owners Fail To Act — Special Tax Bills To Cover Costs — Liens On Property To Secure Costs.

[R.O. 1993 § 530.190; R.O. 1932 § 633; CC 1969 § 25-29]

Upon the petition of any ten (10) citizens of the City, citing the necessity for the construction of any sidewalk along or abutting any property upon any street in the City, the City Council may by ordinance declare the necessity for the construction of such sidewalk and ordain and order the abutting property owners to begin, within fifteen (15) days from the receipt of a copy of the ordinance, the location of such sidewalk in accordance with the specifications and estimate of cost thereof, with a work force sufficient to complete the sidewalk and curbs thereof within sixty (60) days. If the abutting property owners fail to complete the sidewalk or curbs within sixty (60) days, or fail to begin work thereon within fifteen (15) days with a sufficient force to complete the work within the sixty (60) days from date of location of the work and service of the property owners with a copy of the ordinance, specifications to be used and an estimate of the cost, the Street Commissioner shall file with the City Clerk specifications for such work and an estimate of the cost thereof and the City Council shall for one (1) week cause to be advertised in some newspaper published in the City for bids to build such sidewalk according to the specifications therein set out, giving width, length, material, etc., and the contract shall be let to the best and lowest bidder, who shall file a good and sufficient bond for the faithful performance of the work; and such contractor shall receive pay in special tax bills issued by the City Council against the abutting property owners. Such tax bills shall be assignable and constitute a lien upon the property abutting such walks so built or constructed.

Section 530.200 Supervision Of Construction By Street Commissioner — Cost Estimates, Etc., To Be Filed With City Clerk.

[R.O. 1993 § 530.200; R.O. 1932 § 634; CC 1969 § 25-30]

Any work of construction of sidewalks or curbs shall be under the direct supervision and orders of the Street Commissioner, who shall direct where any sidewalk shall be built and shall furnish abutting property owners with required specifications and estimate of the cost of such sidewalk and shall likewise file copies of the specifications and estimate of the cost with the City Clerk, together with a description of the location and the sidewalk.

Section 530.210 When City To Construct — Duties Of Street Commissioner — Property Subject To Costs — Issuance Of Assignable City Tax Bills.

[R.O. 1993 § 530.210; R.O. 1932 § 635; CC 1969 § 25-31]

Whenever the City Council, through the Street Commissioner, shall advertise for bids for the construction of any sidewalk or curb in the place of sidewalks or curbs condemned and ordered removed, and shall receive no bids therefor, the Street Commissioner shall proceed to construct or reconstruct any such sidewalk or curb and shall keep an accurate account of the amount expended for labor or material opposite each lot or piece of ground abutting such sidewalks or curbs. He/she shall file a copy of such account for construction with the City Clerk and deliver a copy thereof to each property owner affected; and each lot or tract of ground abutting such sidewalk or curb constructed or reconstructed shall be liable for the cost thereof and special tax bills shall be issued therefor in favor of the City, which shall be assignable.

Section 530.220 Encroachment Upon Streets Prohibited — Fixing Curb Limits — Height And Grade.

[R.O. 1993 § 530.220; R.O. 1932 § 637; CC 1969 § 25-32]

In the construction of any sidewalk or curb under this Article, such sidewalk or curb shall not under any circumstance encroach upon any street in the City, and in laying off sidewalks or curbs, it shall be the duty of the Street Commissioner to see that the width of any sidewalk as herein provided in each case shall be calculated from the regulation street line curb as described by the plat of the City which is of record, and no builder of sidewalks or curbs shall be authorized or permitted to extend any sidewalk or curb across the street line in order to obtain the width of sidewalk required by any ordinance, but the width shall be forthcoming from the property of the abutting owner or the property along which the line of sidewalk or curb may be built or constructed. The height of any sidewalks and the grade thereof shall be determined by the Street Commissioner.

Section 530.230 How Assessments Made Against Abutting Properties.

[R.O. 1993 § 530.230; R.O. 1932 § 636; CC 1969 § 25-33]

No formality whatever shall be required for the repair of sidewalks or curbs and making assessments therefor, but the Street Commissioner, upon resolution of the City Council, may without notice cause such work to be done, keeping an accurate account of the cost thereof and reporting it to the City Council for assessment; and each lot or piece of ground abutting such sidewalk or curb constructed and repaired along or in front of such lot or piece of ground as reported to the City Council shall be assessed for its share of such cost and tax bills shall be issued therefor as provided for by applicable State Statutes.

Section 530.240 Service By Publication When Personal Service Not Possible.

[R.O. 1993 § 530.240]

If a notice in regard to the building, construction or reconstruction of sidewalks or curbs by owners of property cannot be personally served in this State or if the owners are unknown and cannot be served with process personally; the City Council shall cause four (4) weeks' notice to be published in some weekly newspaper published in the City setting forth the facts required in the written notice.

Section 530.250 Manner Of Payment For Repairs, Etc. — Special Assessments And Special Tax Bills — Interest On Special Tax Bills — Lien Created. [1]

[R.O. 1993 § 530.250]

A. Upon request of the owner of property along or abutting which a sidewalk or curb has been constructed, the special tax bills covering the cost of paving, macadamizing, curbing or guttering of any street or public place and the repair thereof, or the construction or repair of any sidewalk shall be known as special assessments for improvements and shall be levied and collected as a special tax, and a special tax bill shall issue therefor and shall be paid in the same manner provided by ordinance.

B. Such special tax bills may bear interest after sixty (60) days from date of issue at the rate of ten-year U.S. Treasury Notes, as established at the most recent auction, per annum and every such special tax bill shall be a lien against the lot or piece of ground described therein until paid.

[1] State Law References: As to repairs, special tax bills, etc., see §§ 88.497 – 88.665, 88.790 – 88.861, RSMo.

Section 530.260 Special Tax Bills May Be Paid In Installments — Procedure — Nature Of Special Tax Bills — Restriction On Bringing Collection Suits. [1]

[R.O. 1993 § 530.260; R.O. 1932 § 640; CC 1969 § 25-36]

A. The total cost of paving, macadamizing, curbing, guttering and construction of sidewalks along any street, square or other highway or any part thereof, or for repair thereof, and wherein a special tax bill shall issue therefor, may be paid in ten (10) annual installments; provided, that the owner of the property described in the special tax bill shall have filed a written request with the Clerk within thirty (30) days after the letting of the contract for the improvement that his/her tax bill or bills shall be made payable in installments. In such case the tax bills shall be payable in annual installments as follows: One-tenth (1/10) in one (1) year, one-tenth (1/10) in two (2) years, one-tenth (1/10) in three (3) years, one-tenth (1/10) in four (4) years, one-tenth (1/10) in five (5) years, one-tenth (1/10) in six (6) years, one-tenth (1/10) in seven (7) years, one-tenth (1/10) in eight (8) years, one-tenth (1/10) in nine (9) years and one-tenth (1/10) in ten (10) years after the date of their issue, and tax bills may bear interest at the rate of ten-year U.S. Treasury Notes, as established at the most recent auction, per annum, payable annually, from sixty (60) days after the date of issue until paid, and shall provide that if any annual installment, or the interest thereon, is not paid when due, then all of the remaining installments shall, at the option of the holder of the tax bill, become immediately due and payable; provided that the owner of property charged with the payment of the tax bill, or the owner of any interest therein, shall have the privilege of paying the whole of any tax bill in full at any time, or on any annual installment payment date of paying in full one (1) or more of the remaining installments not of maturity date.

B. In such cases, the City Clerk shall make out ten (10) special tax bills, which shall be signed by the Mayor and attested by the City Clerk, each for one-tenth (1/10) part of the cost of such work, bearing interest as aforesaid, which rate shall be fixed by ordinance, and deliver them to the contract for the work. Each and every such tax bill shall be a lien on the lot or parcel of ground therein described, and such lien shall continue for one (1) year from the maturity of the tax bills last becoming due, until paid, or until the final determination of any legal proceedings to collect the same; but no such suit shall be brought on any such tax bill until after the maturity of all such tax bills.

[1] State Law Reference: For similar provisions, see § 88.816, RSMo.

Section 530.270 When City Council To Include The Cost Of Grading In Special Tax Bills.

[R.O. 1993 § 530.270; R.O. 1932 § 644; CC 1969 § 25-37]

The City Council may, by ordinance, include in the special assessment the cost of bringing to the established grade any street, square or area formed by the intersection or meeting of streets or other highways or part thereof proposed to be improved as herein provided, when in its judgment the general revenue of the City is not in a condition to warrant an expenditure therefrom for bringing the same to the established grade; provided that the resolution declaring such work necessary to be done and published in some newspaper published in the City shall, in addition to other work of improvement therein provided for, include and describe the work of bringing such street, avenue, alley or other highway, square or part thereof to the established grade. In all cases where such work is authorized by virtue of such resolution, and is contracted for in pursuance thereof, the bringing to grade as above described shall be included in the same contract with the other work provided for therein, and tax bills shall be issued in payment for all work, as may be provided for by ordinance.