[R.O. 1993 § 100.140; R.O. 1932 § 569;
CC 1969 § 1-11]
A.
Private property may be taken by the City for public use for the
purpose of establishing, opening, widening, extending or altering
any street, wharf, creek, river, watercourse, market place, public
park or public square, and for the purpose of establishing market
houses and for any other public purpose.
B.
The proceedings for such condemnation shall be as provided for by
State Statute in Cities of the Third Class.
[1]
State Law References: As to condemnation by cities of third
class, see § 77.170, RSMo., and Ch. 88., RSMo.
[Ord. No. 3134, 10-17-2016]
No provision of this Code shall apply to any circumstance in
which such application shall be unlawful under superseding federal
or state law and furthermore, if any section, subsection, sentence,
clause, phrase, or portion of this Code is now or in the future superseded
or preempted by state or federal law or found by a court of competent
jurisdiction to be unauthorized, such provision shall be automatically
interpreted and applied as required by law.
[Ord. No. 3134, 10-17-2016]
The City shall be entitled to enforce any provision of this
Code through all remedies lawfully available, and any person determined
judicially to have violated the terms of this Code shall further be
liable to pay the City's costs and attorneys' fees in enforcing such
Code provisions. Additionally, any user of City services, rights-of-way
or other City facilities or property shall, as a condition of such
use or continued use, to the full extent permissible by law, be liable
to pay the City's costs and attorneys' fees incurred in enforcing
any lawful requirement applicable to such use, whether arising in
contract, statute, ordinance, or other enforceable duty as to such
use.
