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Chapter 20
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES*
Art. I. In General, §§ 20-1—20-20
Art. II. Major Street Plan §§ 20-21 – 20-45
Art. III. Property Numbering, §§ 20-46 – 20-65
Art. IV. Excavations and Obstructions, §§ 20-66 – 20-120
Div. 1. Generally, §§ 20-66 – 20-85
Div. 2. Excavations, §§ 20-86 – 20-120
Art. V. Public improvements, §§ 20-121 – 20-150
Art. VI. Driveways, Curbs and Sidewalks, §§ 20-151 – 20-180
Art. VII. Visual Obstructions at Street Intersections, §§ 20-181 – 20-185
*Cross reference – Any ordinance dedicating, naming, establishing, locating, relocating, opening, closing, paving, widening, vacating, etc., and street or public way in the city saved from repeal, § 1-8(13); any ordinance establishing and prescribing the street grades of any street in the city saved from repeal, § 1-8(14); livestock prohibited from running at large, § 5-21; buildings and building regulations, Ch. 6; parks and recreation, Ch. 15; use of streets by peddlers or solicitors, § 16-31; trains not to block streets, § 18-2; subdivision regulations generally, Ch. 21; design standards for streets and subdivisions, § 21-28; street improvements in subdivisions, § 21-103; street signs for subdivisions, § 21-104; sidewalk improvements for subdivisions, § 21-105; traffic and motor vehicles generally, Ch. 23; commercial vehicles prohibited from using certain streets, § 23-8; play streets, § 23-10; placing injurious substances in streets, § 23-17; closing streets, § 23-54; driving vehicles on sidewalks prohibited, § 23-99; through streets, § 23-165; stopping standing and parking, § 23-266 et seq.; riding bicycles, motorized bicycles on sidewalks, § 23-438; utilities generally, Ch. 24; sewers, § 24-16 et seq.; zoning, Ch. 27; enumeration of ordinances saved from repeal pertaining to streets, alleys and easements, App. D; enumeration of ordinances saved from repeal pertaining to condemnation, appropriation of property, App. J.
State law reference – Municipal control over streets and sidewalks, RSMo 77.520; public works and special assessments therefore, condemnation, RSMo Ch. 88.
ARTICLE I. IN GENERAL
Sec. 20-1. Garbage and trash disposal in streets, etc., prohibited.
It shall be unlawful for any person to place or dispose of any garbage or trash in or upon any street, alley or sidewalk or stream or other body of water within the city. Every owner or operator of any premises shall keep the alleys, streets and sidewalks abutting on such premises free and clear of all such garbage or trash.
(Code 1971, § 11-24)
Cross reference – Garbage and trash generally, Ch. 11.
Sec. 20-2. Snow and ice on sidewalks.
It shall be unlawful for the owner or occupant of any property or the agent of any non-resident property owner within the city limits to permit any snow, ice or other obstructions to remain upon any sidewalk in from of or along such property so as to interfere with the free, easy or safe passage of people along and over such sidewalk.
(Code 1970, § 22-1)
Sec. 20-3. Depositing snow or ice on public ways prohibited.
No person engaged in removal of snow or ice on driveways, parking lots, or sidewalks shall deposit such snow or ice in the streets or any public ways for vehicular or pedestrian traffic.
(Code 1970, § 22-7)
Secs. 20-4 – 20-20. Reserved.
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*Cross reference – Subdivision regulations, Ch. 21; zoning, Ch. 27.
ARTICLE II. MAJOR STREET PLAN*
Sec. 10-21. Definitions.
For the purposes of this article, the following words and phrases shall have the meanings respectfully ascribed to them:
Major street shall mean a fast or heavy-traffic street of considerable continuity used primarily for intercommunication of arterial traffic among large areas of the city.
Major street plan shall mean the legal descriptions and maps showing the carefully determined accurately delineated center lines, site boundary lines and building setback lines of all existing and planned major streets.
Street shall mean any public way.
(Code 1970, § 22-118)
Cross reference – Definitions and rules of construction generally, § 1-2.
Sec. 20-22. Purpose of article.
Major street plan of the city is established for purposes of guiding and accomplishing a coordinated development of the city, which, in accordance with existing and future needs, will best promote the general welfare, convenience and safety, as well as efficiency and economy in the process of development.
(Code 1970, § 22-117)
Secs. 20-23. Designation of major streets.
Major streets shall be designated by resolution of the planning and zoning commission endorsed on the map by the secretary of the planning and zoning commission, and certified to the city council after public hearing and fifteen (15) days public notice thereof, and adoption by the council.
(Code 1970, § 22-118)
Sec. 20-24. Description and maps.
The descriptions of all major streets and the maps depicting said descriptions shall be maintained as a public record by the secretary of the planning and zoning commission, and a copy thereof shall be certified and filed for public record in the office of the county recorder.
(Code 1970, § 22-119)
Sec. 20-25. Effective date of major street designations.
The mayor street designations and the requirements of this article shall be in full force and effect from and after filing of a certified copy of the map in the office of the county recorder.
(Code 1970, § 22-120)
Sec. 20-26. Public improvements.
The city shall not accept, lay out, open, improve, grade, pave or light any street, lay or authorize the laying of water mains, sewers, connections or other utilities in any street within the city, unless the street received the legal status of a public street prior to April 10, 1967, or unless the street corresponds in its location and lines with a street shown on the subdivision plat approved by the council or adopted by the commission. The city council may locate and construct or may accept any other street if the ordinance or other measures for the location, construction or the acceptance is first submitted to the commission for its approval and approved by the commission, or if disapproved by the commission, is passed by the affirmative vote of not less than two-thirds of the entire membership of the council.
(Code 1970, § 22-122)
State law reference – Similar provisions, RSMo 89.460.
Sec. 20-27. Issuance of building permit restricted.
No building permit shall be issued for, and no building shall be erected on any lot that does not abut on a street. All streets giving access to a lot shall conform to the provisions of this chapter.
(Code 1970, § 22-121; Ord. No. 3557, § 1, 8-14-00)
Cross reference – Building Code, § 6-16 et seq.
State law reference – Similar provisions, RSMo 89.470
Sec. 20-28. Location of new building.
No building permit shall be issued for location of any new building within the proposed street right-of-way and any building setback line of any major street, whether such street be improved and in use or not.
(Code 1970, § 22-123)
State law reference –Municipal authority to prohibit building within right-of-way or between right-of-way and setback lines, RSMo 89.480.
Sec. 20-29. Modifications of building setback line regulations.
The board of adjustment may modify or vary the building setback line regulations of this article in specific cases on petition of any land owner on whose property a building setback line is designated, in order that unreasonable deprivation of use shall not occur, but the board of adjustment shall have no power to grant a mere privilege.
(Code 1970, § 22-124)
State law reference – Authority of board of adjustment to alter setback lines for hardship cases, RSMo 89.480.
Secs. 20-30 – 20-45. Reserved.
ARTICLE III. PROPERTY NUMBERING*
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*Cross references- Subdivision regulations, Ch. 21 zoning, Ch. 27.
Sec. 20-46. Required.
All buildings or structures in the city shall display a property number.
(Ord. No. 2169, § 1, 5-14-84)
Sec. 20-47. Numbering systems.
(a) On streets running eastwardly or westwardly in the city, property numbers shall commence with the number one hundred (100) at Holden Street and increase each direction from Holden Street (100) numbers for each block or block length ground.
(b) On streets running northwardly or southwardly in the city, property numbers shall commence with the number one hundred (100) at the Missouri Pacific Railroad tracks and increase each direction from the Missouri Pacific Railroad tracks one hundred (100) numbers for each block or block length of ground.
(c) Odd numbers shall be assigned to all buildings or structures on the east and north sides of streets and even numbers shall be assigned to all building or structures on the west and south sides of streets.
(Ord. No. 2169, §§ 9, 10, 12, 5-14-84)
Sec. 20-48. Assignment of numbers.
(a) The building official may assign a property number to any building structure or apartment complex fronting on a city street as of May 14, 1984, that has not been assigned a property number or the property number must be changed to affect the elimination of duplicate property numbers or the property number must be changed to arrange property numbers in accordance with the prevailing sequence of property numbers.
(b) When a building permit is issued for a new or additional structure, a property number shall be issued by the building official.
(c) Property numbers will be assigned in such a manner that the prevailing property numbering pattern is logically extended and existing property numbers and changed as little as possible.
(d) In building or structures having more than one (1) occupancy, each unit shall be issued a property number or apartment number.
(Ord. No. 2189, §§ 2-5, 5-14-84)
Sec. 20-49. Numbering of platted lots.
The building official shall assign a property number for each platted lot or piece of ground. Property numbers shall be assigned for any tract of approximately fifty (50) feet in width.
(Ord. No. 2169, § 11, 5-14-84)
Sec. 20-50. Display of numbers.
(a) The owner or occupant of any building or structure in the city shall display a property number. If the lot or piece of ground occupied by a single dwelling unit is of a width to require more than one (1) property number, it shall be sufficient to display the property number of the lot on which the main from entrance thereof is situated.
(b) Any building or structure sitting further than sixty (60) feet from the street right-of-way shall also have displayed a property number not more than twenty (20)feet from the street right-of-way.
(c) Property numbers shall be located so no obstruction prevents them from being read from a vehicle approaching from fifty (50) feet either side of structure.
(d) It shall be the owner’s or occupant’s duty to display the assigned property number within five (5) days after completion or occupation thereof or within thirty (30) days after assignment of a property number.
(Ord. No. 2168, §§ 6-8, 13, 5-14-84)
Sec. 20-51. Violations; penalties.
(a) Should any owner or occupant fail or refuse to number any building or structure as herein required, they shall be guilty of an infraction punishable by a fine not to exceed ten dollars ($10.00)
(b) In the event the owner or occupant shall fail to maintain the property number assigned or allow the property number(s) to become obscured or hidden, they shall be guilty of an infraction punishable by a fine not to exceed ten dollars ($10.00).
(Ord. No. 2169, §§ 14, 15, 5-14-84)
Secs. 20-52 – 20-65. Reserved.
ARTICLE IV. EXCAVATIONS AND OBSTRUCTIONS*
DIVISION 1. GENERALLY
Sec. 20-66. Definitions.
As used in this article, the following terms shall have the following meanings unless otherwise stated or reasonably required by the context and other forms of any defined word shall have a parallel meaning.
Construct shall mean to construct, install, erect, build, affix or otherwise place any fixed structure, material or object in, on, under, through, or above any public right-of-way.
Excavate shall mean any cutting, digging, excavating, tunneling, boring, grading or other alteration of the surface material or earth of any public right-of-way.
Mailbox monument shall mean any receptacle designed for use as a mailbox which is not affixed by means of a single continuous wooden post of less than five (5) inches by five (5) inches, or a continuous metal post of less than two (2) inches in diameter.
Paved surface shall mean portland cement concrete pavement, asphaltic concrete surfacing, double asphalt surface treatment, roads with base of AB-3, surface asphalt treatment roads of soil base, or any bituminous surface of any base in the right-or-way.
Public right-of-way shall mean street, highway, road, alley, right-of-way and other land dedicated to or otherwise subject to public use, whether improved by paving, curbing, guttering or otherwise improved or not.
(Code 1970, § 22-83; Ord. No. 3448, § 2, 6-14-99)
Cross reference – Definitions and rules of construction generally, § 1-2.
Sec. 20-67. Permit for construction required.
(a) No person shall construct, install, erect, build, affix, or otherwise plan any manner of fixed structure, material or object in, under, on, through, or above any right-of-way or cause the same to be done, except after having first secured a permit and tendered a fee therefor.
*State law reference-General safety requirements, RSMo 319.010 et seq.
(b) Fees may be established by a resolution of the city council for the issuance of permits or for permits issued under section 20-80, the fee shall be as set forth therein.
(Code 1970, § 22-84, Ord. No. 3668, § 1, 12-18-01)
Sec. 20-68. Certain construction prohibited.
No permit shall be issued for any construction described in section 20-67 if such construction when completed will thereafter directly hinder, obstruct or otherwise interfere with the fee passage of persons or vehicles or the free flow of surface water in, upon or along the public right-of-way.
(Code 1970, § 22-85)
Sec. 20-69. Responsibility of adjacent owners.
No person owning or occupying any land abutting on a public right-of-way shall maintain, suffer or permit in or on the portion of the public right-of-way to which such land is adjacent, any fixed structure, material or object for which a permit would be prohibited under section 20-68.
(Code 1970, § 22-86)
Sec. 20-70. Restriction on cutting or excavation of improved street surface.
(a) Where necessary utilities may cross streets, these crossings shall be made by drilling under or pushing or similar method, and then the crossing shall be encased as provided by the requirements of the state highway department.
(b) In the event of an emergency, a utility or any person, may secure permission to cut streets, but only after making application therefor and upon such terms and conditions as would be required by the state highway department. A cash bond shall be required in double the amount of the highest estimate of the cost to repair said cut or excavation and said bond shall be for a period of two (2) years from the date thereof.
(c) Any person violating the terms or provisions of this section shall be liable for the full amount of any damage done in addition to any other fines or penalties imposed upon him under this Code.
(Code 1970, § 22-87)
Sec. 20-71. Obstructions of streets and sidewalks; warning devices therefore.
(a) It shall be the duty of any person, builder or contractor, who shall have any obstruction on or across any street, avenue, alley or sidewalk within the city to place a barricade around or by such excavation with a light thereon at night during the whole time such obstruction or excavation shall remain in such street, avenue, alley or sidewalk.
(b) When any improvement is being made upon any property or lot fronting or abutting on any street, avenue or alley within the city, either by excavating for cellar or foundation, laying foundation or erecting a building thereon, or, by repairing or remodeling a building already thereon, then, in all cases where the front wall of such building or improvement is or will be near the line of the street, the owner of such property or lot, or the agent therefor, and the contractor making such improvement is hereby granted permission for a reasonable length of time to occupy the entire width of the sidewalk and so much of the street directly in from of the property or lot as may be needed not in excess of one-half of the width of the street or avenue from curb to curb, if there be a curb, and if there be no curb, then not in excess of one-third of the entire width of the street, and to use the same for the purpose of depositing and preparing materials to be used in making such improvements.
(c) The owner of such property or lot, or the agent therefor, or the contractor making such improvements, shall at the beginning of the work, erect and maintain, at all times during such occupancy of the streets and sidewalks, a barrier at least four (4) feet in height across the sidewalk and out into the street as far as the same is occupied as herein permitted and on both sides of such property or lot, and shall at night, during the occupancy of such sidewalk or street, place and maintain a red light near the center of the portion of the street so occupied in such position as to be plainly visible.
(d) The permission herein granted the owner of any such property of lot, or the agent therefor, or the contractor doing such work, to use the street or sidewalk as provided in this section, shall expire when the roof is placed on such building, and within ten (10) days thereafter, the agent or owner as aforesaid, or the contractor is hereby required to lay in proper place and on the proper grade therefor, a permanent sidewalk, such as may be required on such street or avenue, and to maintain the same in good and safe condition to be traveled and then remove the barriers herein required to be placed across such sidewalk.
(Code 1970, § 22-5)
Secs. 20-72 – 20-79. Reserved.
Sec. 20-80. Mailboxes.
(a) No mailbox monuments shall be constructed without obtaining a permit in accordance with section 20-67 of this Code. All requirements of this section shall be subject to any applicable federal regulations governing mailboxes.
(b) No permit shall be issued to construct a mailbox monument on or above any public right-of-way on any of the following:
(1)Streets without curbing.
(2) “Arterial streets” as the same are listed on the major street plan adopted pursuant to section 20-21.
(3) Within ten (10) feet of any fire hydrant, manhole, utility pole or water valve.
(4) Within the sight distance triangle as the same is defined in sections 27-6 and 27-231.
(c) All mailbox monuments shall conform to the following restrictions:
(1) No mailbox monument shall be located within six (6) inches of the back of a curb.
(2) The maximum height of such mailbox monuments shall not exceed five (5) feet.
(3) Maximum dimensions shall be six (6) feet wide by two (2) feet deep.
(4) Construction materials shall be limited to those approved by the building code, as adopted and amended, in
effect under this Code for exterior use in residential construction.
(5) No mailbox monument shall be constructed of any metal, of any plumbing fixture, or other prefabricated
unit adaptable for use as something other than a mailbox.
(6) Mailbox monuments shall be constructed only at the properties used as single-family dwellings.
(d) Any person desiring to construct a mailbox monument shall conform to the following procedure.
(1) An accurate drawing of the proposed mailbox monument shall be submitted with an application.
(2) A permit fee of fifty dollars ($50.00) shall be submitted at the time the application is submitted.
(e) Any repair, maintenance, relocation or other modification required for a mailbox monument because of its location in the public right-of-way shall be the sole responsibility of the property owner the mailbox monument serves.
(Ord. No. 3448, § 1, 6-14-99)
Secs. 20-81—20-85. Reserved.
DIVISIONS 2. EXCAVATIONS
Sec. 20-86. Permit required.
No person shall make or chase to be made any cut, excavation or grading in, or under, or through any public right-of-way except after having first secured a permit therefore.
Sec. 20-87. Application for permit; fees.
Any person proposing to construct or excavate in a public right-of-way shall make application for a permit upon forms provided by the city, accompanied by the following:
(1) An accurate map or diagram showing the location of the proposed construction or excavation including a reference to the most nearly adjacent private property by the street address and legal description, and the dimensions of such construction or excavation.
(2) Specifications shall conform to the City of Warrensburg Standard Construction Specifications.
(3) In the case of any excavation, a bond as provided in section 20-90;
(4) For any excavation up to one-half (1/2) of the right-of-way by width, A permit fee as set forth from time to time by resolution of the city council;
(5) For any other construction or excavation within public right-of-way, a permit fee as set from time to time by resolution of the city council.
(Code 1970, § 22-93; Ord. No. 3688, § 2, 12-18-01)
Sec. 20-88. Separate work requires separate permit.
Each separate construction or excavation shall require a separate permit.
(Code 1970, § 22-94)
Sec. 20-89. Transfer, assignment of permit prohibited.
No permit issued under this division shall be assignable or transferable.
Sec. 20-90. Bond.
(a) Each applicant for a permit to excavate within any public right-of-way of any street or alley, improved or unimproved in this city shall furnish to the city a cash bond in favor of the city and to any successor to its governmental authority over the location of the excavation conditioned on the performance by the applicant of the obligation imposed in accordance with the ordinances of this city. The amount of such bond shall be the cost of the estimated repair of the excavation, including backfill. Any needed repairs to an excavation may be ordered by the city manager and if the applicant fails to comply within the next eight (8) working hours, weather permitting, then the cash bond money may be used for the repair either by the city or a private contractor.
(b) Upon proper notification by the contractor, the building official shall inspect the replacement and repair of each excavation. Upon satisfactory meeting of the city’s repair standards, the building official may approve the work and declare that the cash bond, deposited to insure satisfactory work, be returned. If a portion of the cash bond was required to complete repairs, the remainder shall be returned to the depositor. The city reserves the right to retain the cash deposit for a period of one (1) year if conditions warrant that action.
(Code 1970, § 22-96)
Sec. 20-91. Manner.
The person making the cut or excavation in any street, sidewalk, alley or public right-off-way shall cause the same to be done with the least possible injury to street, sidewalk, alley or right-of-way and shall place excavated earth therefrom in such a manner as to cause the least inconvenience to the public, and to permit uninterrupted passage of water along gutters.
(Code 1970, § 22-97)
Sec. 20-92. Refilling.
The refilling of all cuts or excavations made in any street, sidewalk, alley or other right-of-way in the city shall be made by the person making the cut or excavation and shall be done in a manner and with materials as specified in section 20-96.
(Code 1970, § 22-98)
Sec. 20-93. Protective measures.
(a) Every person who shall for any purpose make or cause to be made any excavation in, upon, under, through, or adjoining any street, sidewalk, alley or other right-of-way, and shall leave any part or portion thereof open, or shall leave any part or portion thereof obstructed with rubbish building or other material during the nighttime, shall cause the same to be enclosed with good, substantial and sufficient barriers, not less than three (3) feet high and shall cause one (1) amber light to be securely and conspicuously posted in or near such excavation, building material or obstruction, providing such obstruction does not extend more than ten (10) feet in length and if over ten (10) feet and less than fifty (50) feet in length, two (2) amber lights, one (1) at each end shall be so placed, and one (1) additional light for each additional fifty (50) feet or part thereof, and shall keep such lights burning from sunset to sunrise.
(b) Whenever a person shall excavate the full width of any street, alley, sidewalk or other right-of-way, it shall be his duty to maintain a substantial walkway or driveway across said excavation until it is refilled as specified in section 20-96.
(Code 1970, § 22-99)
Sec. 20-94. Repair and maintenance.
Any person who shall make any excavation in, on, under, or through any public right-of-way with or without a permit shall be obligated to close such excavation within fifteen (15) days of commencement thereof so as to restore the surface permanently to conform to the specifications in section 20-96 and to repair any sinking or damage to the surface or improvements thereon resulting from such excavation within one (1) year thereafter.
(Code 1970, § 22-100)
Sec. 20-95. Repair of damage.
(a) If the surface of any public right-of-way or any improvement thereon is damaged or disturbed wholly or partly as a result of a prior excavation, the person who made such excavation shall be notified and requested to repair the same. Such notice shall be deemed given if mailed to the last known address of such person.
(b) If such person shall fail or refuse to make necessary repairs within five (5) days thereafter, then the city council may order such repairs or may contact in the name of such person by competitive bids or private negotiation for the making of such repairs and in either case such person or his surety shall pay the cost thereof. City forces may make emergency repairs and charge the person or his surety for the time and materials used.
(Code 1970, § 22-101)
Sec. 20-96. Specifications for excavations, backfilling and replacement where paved surfaces are disturbed.
These specifications provide a minimum standard for the removing of various pavement surfaces, open trenches, excavating, method of backfilling and replacement of various pavement surfaces. These specifications meet the requirements of the city council as a standard to be followed in all cases where street surfaces are disturbed in the process of any and all excavation work. The following specifications are hereby required for excavation, backfilling and replacement where paved surfaces and disturbed:
(1) Class A Street (Portland cement concrete pavement). The following specifications are hereby required for class A streets or Portland cement concrete pavements:
a. Prior to replacement of the concrete pavement, the concrete pavement, the concrete surface shall be scored with a saw on each side of the required excavation to a minimum depth of two (2) inches. The size of the area cut shall be one (1) foot greater in all directions than the size of the excavation. This is to provide a minimum six-inch shoulder of undisturbed subgrade surrounding the excavation.
b. All broken concrete shall be removed from the site and not used for backfill material.
c. The walls of the excavation shall be vertical for the full length. Sufficient bracing or shoring shall be provided to hold the excavation walls in vertical plane and to prevent under-cutting of the undisturbed pavement. Sloping of trench walls in deep excavations may be permitted by the city council. Bracing or shoring may be omitted where in the opinion of the city’s authorized representative depth of excavation and soil conditions warrant.
d. All excavated materials shall be removed and disposed of after work within the excavated area is complete. The excavation shall be backfilled with clean one-half inch aggregate, the three-eighths minimum to three-quarters maximum; or type as specified in the Standard Specifications for State Road and Bridge Construction of the state highway commission to the bottom of the concrete paving.
e. The pavement removed shall be replaced with high early strength class A concrete having a compressive strength of three thousand seven hundred fifty (3,750) pounds per square inch at twenty seven (97) days. The new finish shall be flush with the present street surface.
(2) Class B Street (hot mix asphaltic concrete or brick surface). The following specifications are hereby required for class B streets of hot mix asphaltic concrete or brick surface.
a. Such streets shall conform to subsections (1) a. to (1) d. inclusive of the specifications for class A street of Portland cement concrete pavement.
b. All removed paving shall be removed form the site and not used for backfill material. The minimum six-inch shoulder shall be excavated to a point no less than nine (9) inches below the excavating street surface. Across the back filled excavation and resting on the six-inch shoulders shall be poured a six-inch slab of high early strength class A concrete having a compressive strength of three thousand seven hundred fifty (3,750) pounds per square inch at twenty-seven (27) days. After forty-eight (48) hours, this slab shall be covered with three (3) inches of hot mix asphalt and rolled. The new finish shall be flush with the present street surface.
(3) Class C street (D.A.S.T., double asphalt surface treatment roads with base.) Class C streets of D.A.S.T., double asphalt surface treatment with bash shall conform to subsections (4) a. to (4) c. inclusive of the specifications of class D streets, except final six inches of backfill shall be rolled stone base material. The crushed rock base shall be replaced by applying two (2) lifts of three (3) inches each of crushed rock to state highway specifications. Each lift shall be saturated with water and rolled. When compaction has been attained and surface moisture evaporated, double asphalt surface treatment shall be applied. Penetration course shall be MC-O at the rate of twenty hundredths (0.20) gallon per square yard surface course shall be RC-3 at the rate of thirty-five hundredths (0.35) per gallon per square yard and to be covered with clean three-eighths-inch to one-half-inch crushed aggregate at the rate of twenty (20) pounds per square yard with a lap of one (1) foot outside the disturbed area surface course shall be applied twice.
(4) Class D street (surface asphalt treatment roads and earth base). The following specifications are hereby required for class D streets of surface asphalt and earth base:
a. Initial cutting will be permitted by excavating machinery.
b. Excavation walls shall be vertical and shall be braced and shored to prevent undercutting or crumbling. Sloping of trench walls in deep excavation may be permitted by the city’s authorized representative, if depth of excavation and soil conditions warrant.
c. Backfill shall consist of clean one-half-inch aggregate or of rolled stone base material, to the level of the exiting paving.
d. Surface treatment shall conform to penetration and surface course for class C streets. Surface course shall be applied once.
(Code 1970, § 22-102)
Sec. 20-97. Specification for backfilling in the unpaved portion of the right-of-way.
(a) All stable and suitable materials for excavations may be used for backfilling in the unpaved portion of the right-of-way. All unstable and unsuitable materials from the excavations shall be removed and disposed of.
(b) The moisture content of the soil used for backfill, at the time of compaction, shall be uniform and shall be such that the soil can be compact to a minimum of eighty (80) percent of Standard Density as specified in the Standard Specifications for State Road and Bridge Construction of the state highway commission.
(c) The paving material removed from excavations in the street shall not be used for backfill in the unpaved portion of the street.
(Code 1970, § 22-103)
Sec. 20-98. Modifications of specifications.
Licensed professional engineers may modify the requirements in this division subject to approval of the city’s authorized representative prior to construction or excavation. Project specifications shall cover backfill materials, method of compaction and method of surface replacement.
(Code 1970, § 22-104)
Sec. 20-99. General Instructions.
(a) The contractor shall be responsible for obtaining the required permits. Those securing permits will pay all fees and post any required bond.
(b) Open trench construction along roads will be limited to four hundred (400) lineal feet.
(c) All work when completed shall be to the satisfaction of the city’s authorized representative and to the governing body issuing the permit.
(d) Flagmen shall be provided to maintain traffic in a safe orderly manner.
(e) Conduit and manhole construction shall be in accordance with the specifications and drawings submitted for approval.
(f) No street or road shall be completely closed to traffic in excess of two-hour duration except construction subject to the maximum permit fee. No driveway shall be closed in excess of thirty-six (36) hours.
(g) Streets shall be maintained in a clean condition during construction.
(h) The local fire department of the area involved and the police department shall be notified of any excavation activity along fire lanes or thoroughfares.
(i) Broken pavement shall be completely removed from the site of the work. The excavation of trench shall have straight vertical sides and shoring, siding and bracing shall be employed where necessary to prevent cave-ins. Sloping of trench walls in deep excavation may be permitted by the city’s authorized representative. Bracing and shoring may be omitted when in the opinion of the city’s authorized representative depth of the excavation and soil conditions warrant.
(j) Cement treated crushed aggregate base shall be replaced in the same manner as class A streets. Hot mix asphaltic concrete surface shall be replaced as specified for class B streets.
(k) Emergency repairs by utilities shall be allowed prior to securing permit, providing that such permit is obtained by said utility, on next working day.
(l) Materials other than those specified in section 20-96 may be used for backfill subject to the approval of the city’s authorized representative prior to excavation.
(Code 1970, § 22-105)
Secs. 20-100 – 20- 120. Reserved.
ARTICLE V. PUBLIC IMPROVEMENTS*
Sec. 20-121. Special assessments for improvements; notice; hearings; tax bills.
(a) The assessments made for constructing and repairing sidewalks and sidewalk curbing, for sewers, for grading, paving, excavating, macadamizing, curbing and guttering of any street, avenue, alley, square or other highway or part thereof and repairing the same or for any other improvement authorized by RSMo 88.497 to 88.663, 88.667 to 88.773, 80.090 to 88.560, 88.777 to 88.797 and 88.811 to 88.861, shall be known as “special assessments for improvements.” and shall be leveled and collected as a special tax, and a special tax bill shall issue therefore and be paid in the manner provided by ordinance. The city council shall cause plans and specifications for all projects, together with an estimate of the cost thereof, to be prepared by the city engineer or other proper officer, and filed with the city clerk, subject to the inspection of the public, and shall cause notice thereof to be published in some newspaper printed in the county for two (2) consecutive insertions in a weekly paper, and for seven (7) consecutive insertions in a daily paper.
(b) A public hearing shall be had before the city council upon the request of three (3) or more citizens of the city, at which hearing citizens may express their assent or objection to such project.
(c) The special tax bills authorized by subsection (a) may include attorney’s fees or engineering fees, or both when provided by ordinance. The total of such fees shall not exceed ten (10) percent of the total cost of the improvement. Special tax bills may bear interest not to exceed the rate on ten-year United States treasury notes as established at the most recent auction. All special tax bills shall become due and payable sixty (60) days after the date of issue thereof, except in the case of tax bills payable in installments as provided in section 20-134. Every special tax bill shall be a lien against the lot or tract or parcel of land described in such special tax bill for a period of ten (10) years after date of issue, unless sooner paid, except in the case special tax bills payable in installments, the lien of which shall not expire until one (1) year after the date of maturity of the last installment, and except in any case where it becomes necessary to bring a suit to enforce the lien of any special tax bill, the lien of which shall continue until the expiration of the litigation.
(Ord. No. 2253, § 3, 11-12-85)
State law reference – Similar provisions, RSMo 88.812.
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*Cross references-Any ordinance providing for local improvements saved from repeal, § 1-8(15); subdivision improvements, § 21-101 et seq.; enumeration of ordinances saved from repeal pertaining to streets, sidewalk improvements, App.E.
Sec. 20-122. Limited improvements; assessment; tax bills.
(a) The city council may by ordinance, in all cases where the cost does not exceed two dollars ($2.00) per front foot per annum upon the property abutting upon any street, avenue, alley or public place in the city to be improved, cause the streets, avenues, alleys and public places of the city, or any part thereof, to be sprinkled, oiled, repaired, surfaced and resurfaced. The cost of such improvements shall be provided for and defrayed by a special tax to be assessed in favor of the city or contractor on the adjoining property fronting or bordering on the streets, avenues, alleys and public places where such sprinkling, oiling, repairing, surfacing and resurfacing is proposed to be done, in proportion that the linear feet of each lot fronting or boarding on the street, avenue, alley and public place to be sprinkled, oiled, repaired, surfaced and resurfaced bears to the total number of linear feet of all the property chargeable with such special tax in the territory embraced by the contract under which such sprinkling, oiling, repairing, surfacing and resurfacing is to be done.
(b) The work authorized in subsection (a) may be done by the city and an accurate account of the cost thereof kept by the city or may be contracted for annually by the city council at such time and under such terms as shall be provided by ordinance.
(c) The city shall be divided into convenient sprinkling, oiling, repairing, surfacing and resurfacing districts for the above purpose, and each district shall be let separately.
(d) The special tax bill provided for in subsection (a) shall be and become a lien on the property charged therewith from and after the commencing of the sprinkling oiling, repairing, surfacing and resurfacing of such streets, avenues, alleys or public places under the provisions of an ordinance providing therefor. The special tax bill shall be prima facie evidence of the liability of the property charged therewith to the extent and amount therein specified and may be collected of and from the owner of the land in the name of and by the city or contractor as any other claim in any court of competent jurisdiction. Special tax bills may bear interest not to exceed the rate on ten-year United States treasury notes as established at the most recent auction, and they shall be issued and collected in the manner provided by ordinance.
(e) In no case shall be provisions of this section apply where the cost of any proposed improvement shall exceed two dollars ($2.00) per front foot, per annum upon the property abutting upon any street, avenue, alley or public place.
(f) The cost of sprinkling, oiling, repairing, surfacing and resurfacing of any street, avenue, alley or public place or any part thereof may be paid out of the general revenue fund of the city or other funds which the city may have for such purposes if the city council so desires, in which case the proceedings of the city for such improvements shall specify that payment will be made out of the general revenue fund or other funds in whole or in part.
State law reference – Similar provisions, RSMo 88.811.
Secs. 20-123-124. Reserved.
Sec. 20-125. Contracts for improvements; bidding.
(a) The city council shall have full power to make all provisions necessary for the making of contracts by the city for the doing of all work necessary in making the improvements specified in this division. All such contracts may be rejected or awarded, but if awarded, shall be let to the lowest and best bidder, upon advertisement for bids published by two (2) consecutive insertions in a weekly paper or seven (7) consecutive insertions in a daily paper in some newspaper published in the city, and as further provided in this section.
(b) As soon as possible after the ordinance ordering public improvements in the city shall have been enacted, the city clerk shall advertise for bids for such improvements as provided in subsection (a). Such advertisement shall advise the bidders that the city council reserves the right to reject any and all bids.
(c) Each bidder under this section shall deposit with the city clerk a bid bond in the amount of five (5) percent of the estimated cost of the improvement, as a guarantee that he will, upon acceptance of his bid, enter into a valid contact with the city in accordance therewith. The city clerk shall fix the amount to be deposited upon each bid before the advertisement therefor is published, and shall insert the amount of deposit required in such advertisement.
(d) At the date set for opening of bids, the city clerk shall open the bids and the city council shall act upon such bids by a majority vote of all the members elected to the council, the yeas and the nays to be entered upon the journal.
(Code 1970, §§ 22-33, 22-34)
State law reference – Municipal authority to contract and bid out for public improvements, RMO 88.520(2)
Sec. 20-126. Estimate of costs prerequisite to contact.
Before the city council shall award any contract for any of the public improvements specified in section 20-125, excepting repairs, an estimate of the cost thereof shall be made by the director of public works. Such estimate shall be filed with the city clerk, and no contact shall be made for a price exceeding such estimate.
(Code 1970, § 22-33)
State law reference – Similar provisions, RSMo 88.520(3)
Sec. 20-127. How contracts awarded.
The acceptance of a bid under section 20-125 shall be taken as an award of contract for the proposed improvement to the party making the bid, and the city council shall, without delay, enter into contact in writing in duplicate with such bidder for the completion of such improvement according to the plans and specifications and within the time fixed for the completion of such improvement and without negligence causing or tending to cause damage to private property or person for which the city may be liable.
(Code 1970, § 22-35)
Sec. 20-128. Bonding of person awarded contract.
(a) The city council shall have the power to require any person awarded a public improvement contract under section 20-127 to guarantee that the improvement will last for one (1) year, and during such term will be kept in repair, and to require the contractor to give the city approved bonds for the faithful performance of any obligation, as provided in subsection (b).
(b) The city council shall require the contractor to give a performance and payment bond to the city in an amount not less than the total contract price of the work, labor, material and construction of the proposed improvement, such bond by an indemnity company authorized to do business in the state, that the contractor will faithfully comply with all the conditions of such contract and to save the city harmless from any claim for damages that may be cause by the contractor’s carelessness or negligence during the progress of such work.
(c) The contractor shall also give a maintenance bond to the city guaranteeing that such improvements shall endure for a period of one (1) year without need of repairs.
(d) All contracts and bonds made or given under the provisions of this section shall before any work is begun under such contract be submitted to and approved by the mayor, and shall be kept safely in the office of the city clerk.
(Code 1970, §§ 22-33, 22-36)
State law reference – Municipal authority to require bonds of contractors for public improvements, RSMo 88.520(4)
Sec. 20-129. Improvements may be performed by the city without letting of contracts.
The city council shall have the power to repair any sidewalk, curbing, guttering or paving without letting any contract for such work, but can have such work done in such manner as may be provided by ordinance. When such work is done by the city, not through a contractor, the tax bills shall be issued to the city and the city shall have the same power to collect such tax bills as other owners of tax bills.
(Code 1970, § 22-33)
State law reference – Similar provisions, RSMo 88.520(5)
Sec. 20-130. Director of public works’ report.
Upon the completion of improvements made under this article, the director of public works shall report to the city council in writing whether or not the same has been done in accordance with the plans, specifications and contract. The director shall also report to the council in writing the cost of such improvements along the distance improved in proportion to the front foot, giving a description of each lot or parcel of ground on either side of any abutting on the street, avenue or alley so improved, with its number of fronting or abutting feet, the names of the owners, with the amount of costs to be assessed against each lot or parcel of ground.
(Code 1970, § 22-38)
Sec. 20-131. Assessment of costs.
Upon the acceptance and approval of the director of public works’ report by the city council, the council shall by ordinance levy the costs of the improvements as evidenced by such contact and report, as a special assessment upon all lots and parcels of ground upon either side of the street, avenue or alley or other highway or part thereof or connecting therewith and abutting thereon, along the distance improved, in proposition to the front feet.
(Code 1970, § 22-39)
State law reference – Municipal authority to levy special assessments for improvements, RSMo 88.507, 88.510, 88.812.
Sec. 20-132. Abstract of tax bills.
The city clerk shall, upon the completion of all special tax bills that may be issued, enter an abstract thereof in a special tax bond to be provided by the city council for that purpose. Such abstract shall recite the date of the tax bill, the name of the property owner and the person on whose favor it is issued, and a description of the property subject to the lien, and the street upon which it abuts, amount of the 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 such tax bill appropriately not such assignment.
(Code 1970, § 22-40)
State law reference – Similar provisions, RSMo 88.818.
Sec. 20-133. Issuance of tax bills; contents.
Each special tax bills issued under the provisions of this article shall in substance contain a brief general statement of the facts authorizing its issue, the amount for which it is issued, a description of the land against which it is issued, the name of the contractor to whom it is issued, if applicable, the rate of interest which it bears, and when it begins to bear interest, and shall state that it is a special lien against the land therein described, and give the time that the lien continues. It need not give the name of the owner of the land against which it is issued.
(Code 1970, § 22-44)
State law reference – Similar provisions – RSMo 88.822.
Sec. 20-134. Payment of special tax bills in installments; interest.
(a) The total cost of constructing and repairing sidewalks and sidewalk curbing, for sewers, for grading, paving, excavating, macadamizing, curbing and guttering of any street, avenue, alley, square or other highway or part thereof and repairing the same, or for any other improvement whatsoever authorized by RSMo 88.497 to 88.663, 88.667 to 88.773, 80.090 to 80.560, 88.777 to 88.797 and sections 88.811 to 88.861, wherein a special tax bill shall issue therefor, may be paid in ten (10) annual installments if the owner of the property described in the special tax bill files a written request with the city clerk within thirty (30) days after the letting of the contract for the improvement that his tax bill shall be made payable in installments.
(b) Where special tax bills are to be paid annual installments , the procedure therefor shall be as follows: One-tenth in one (1) year, one-tenth in two (2) years, one-tenth in three (3) years, one-tenth in four (4) years, one-tenth in five (5) years, one-tenth in six (6) years, one-tenth in seven (7) years, one-tenth in eight (8) years, one tenth in nine (9) years, and one-tenth in ten (10) years after the date of their issue.
(c) Special tax bills may bear interest not to exceed the rate on ten-year United States treasury notes as established at the most recent auction, 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.
(d) 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.
(Code 1970, § 22-43)
Cross reference – Taxation generally, Ch. 22.
State law reference – Similar provisions, RSMo 88.816.
Sec. 20-135. Procedure for rendering payment of tax bills.
The party liable to pay a tax bill due under this article shall pay the amount of such tax bill to the city collector, who shall accept the money and make out duplicate receipts therefor, one (1) of which he shall deliver to the person so paying the tax bill and the other he shall file with the city clerk. Thereupon the city clerk shall note the filing of the receipt upon the margin of the abstract of the tax bill and shall mark the latter “cancelled” and shall affix his name to such cancellation, with the date thereof. Such cancellation shall have the effect to extinguish all liability or right of collection on such tax bill.
(Code 1970, § 22-40)
State law reference – Similar provisions, RSMo 88.818.
Sec. 20-136. Errors in tax bills; appeals of amounts assessed.
(a) Any error made in issuing any special tax bill may be corrected by the city clerk or his successor in office, either by interlineations in it, or by issuing a new tax bill in lieu of the erroneous one. When a tax bill is corrected by interlineations the date of making same shall be certified to by the city clerk in the margin or back of the bill.
(b) In any action brought of any special tax bill, the court may correct any error in the amount of the tax bill, and in any case where it is shown that the work done was not as good as required by the contract, the court may give judgment for the reasonable value of the work chargeable against the land described in the special tax bill. In all actions to enforce any special tax bill, the court shall fix and allow a reasonable attorney fee to the plaintiffs attorney for his services in the prosecution of such action and tax the same as costs in the proceeding.
(c)In all cases where work is done or improvements made and the cost thereof is assessed as a special tax bill any owner of property upon which such tax bill is levied may request, and the city council shall grant, a public hearing to determine whether such assessment is excessive or is levied at a greater sum than was stated in the notices required by section 20.121. The city council shall adjust or reduce which assessment which is determined to be excessive or levied at a greater sum than was stated in the notices. If such adjustments or reductions result in the collection of special taxes insufficient to pay the cost of work done or improvements made, the city may pay the difference between costs accrued and special taxes collected out of general revenue.
State law reference – Simile provisions, RSMo 88.814.
Sec. 20-137 – 20-150. Reserved.
ARTICLE VI. DRIVEWAYS, CURBS AND SIDEWALKS*
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*Editors note – The city has the option under RSMo. Ch. 88 to accomplish the construction, maintenance and repair of sidewalks by abutting property owners under the provisions of this article, as authorized by RSMo 88.877 or to perform such work itself, to be executed by the city workers or to be contracted out, under the provisions of article V of this chapter, as authorized by RSMo 88.811 and 88.812.
Cross reference – Enumeration of ordinances saved from repeal pertaining to street, sidewalk improvements. App. E.
State law reference – Provisions relating to sidewalks RSMo 88.507, 88.533, 88.812, 88.863 et seq.
Sec. 20-151. Permit, specifications for driveways.
(a) No person shall construct or replace any driveway located in the public right-of-way without first obtaining a permit therefor from the public works department.
(b) All work shall be done in accordance with the Standard Construction Specifications of the City of Warrensburg.
(c) Fees may be established by a resolution of the city council for the issuance of permits.
(Code 1970, § 22-56; Ord. No. 3688, § 3, 12-18-01)
Sec. 20-152. Permit, specifications for curbs.
(a) No person shall construct, or replace any curb located within the public right-of-way without first obtaining a permit therefor from the public works department.
(b) All works shall be done in accordance with the Standard Construction Specifications of the City of Warrensburg.
(c) Fees may be established by a resolution of the city council for the issuance of permits.
(Code 1970, § 22-57; Ord., No. 3688, § 4, 12-18-01)
Sec. 20-153. Permit, specifications for sidewalks.
(a) No person shall construct, or replace any sidewalk within the public right-of-way without first obtaining a permit therefor from the public works department.
(b) All work shall be done in accordance within the Standard Construction Specifications of the City of Warrensburg
(c) Fees may be established by a resolution of the city council for the issuance of permits.
(Code 1970, § 22-59; Ord. No. 3688, § 5, 12-18-01)
Sec. 20-154. Sidewalks, curbs and gutters required.
(a) When any property within the City of Warrensburg is improved, the owner of the property being improved shall install required sidewalks, curbs, gutters and associated appurtenances along that portion of the property which abuts a city street. The location and construction of required sidewalks, curbs, gutters and associated appurtenances shall be approved by the director of public works.
(b) Sidewalks are required to be constructed in the right-of-way along at least one (1) side of every local street, around the perimeter of the terminal end of cul-de-sacs, and along both sides of all major streets. The public works director will determine on which side of a local street a sidewalk is required based on consistency with surrounding development. At a minimum sidewalks shall be four (4) feet wide with four (4) inches of concrete and reinforces with wire mesh at driveway crossings.
(c) Curbs, gutters and associated appurtenances are required to be constructed to the extent that curb and gutter and storm drainage is not already in place; provided, however, that the public works director may waive this requirement to the extent that the installation of curb, gutter and associated appurtenances would not be consistent with the current or future development of the property or the surrounding area.
(Code 1970, § 22-58, Ord. No. 3557, § 2, 8-14-00)
State law reference – Municipal authority to require sidewalks construction and maintenance of abutting property owners, RSMo 88.877.
Sec. 20-155. Sidewalk and curb inspection.
The city may cause sidewalks or sidewalk curbing, or both, as well as other city-owned rights-of-way within the city limits, to be periodically inspected by such person as may be designated from time to time by the city manager.
(Code 1970, 22-61)
Sec. 20-156. Condemnation of sidewalks.
The city council may, by ordinance, condemn any sidewalk which they deem to be in a dangerous or defective condition or out of repair, or any sidewalk which is not located upon the established grade and line for sidewalks on the street on which it is located, as provided by the ordinances of the city, or any sidewalk which does not conform to the specifications and requirements for sidewalks in the city, as provided by the ordinances of the city, and to provide for the removal of any sidewalk so condemned.
(Code 1970, § 22-60)
State law reference – Similar provisions, RSMo 88.873.
Sec. 20-157. Notices to landowners.
In the event the inspection of sidewalks, curb or other city rights-of-way discloses a need for the construction, rebuilding, reconstruction or repair of any sidewalk or sidewalk curbing or both or portion thereof, the city manager shall cause a written notice to be served upon the owner of the lots, tracts, or parcels of ground abutting or fronting on such sidewalks or rights-of-way which notice shall require said sidewalk to be built, constructed, rebuilt, reconstructed, or repaired in accordance with the specifications attached to such notice. The owner shall within thirty (30) days from the date of such notice commence the work therein specified at said owners’ cost or expenses and in strict accordance with the specifications thereto attached.
(Code 1970, § 22-62)
Sec. 20-158. Failure of landowner to rebuild.
Whenever the owner shall fail to build, construct, rebuild, reconstruct or repair a sidewalk, sidewalk curbing or both as provided in this article, the city council may deem and declare the building, construction, rebuilding, reconstruction or repair of the sidewalks or sidewalk curbing or both, or any portion thereof necessary by an ordinance designating such sidewalks or sidewalk curbings or portions thereof and the locations and description of same, following which the procedure for such building, construction, rebuilding, reconstruction or repair shall be governed by the provisions of this article.
(Code 1970, § 22-63)
Sec. 20-159. Failure to comply deemed offense; penalty.
Any person who shall fail, neglect or refuse to build, construct, rebuild, reconstruct or repair a sidewalk or sidewalk curbing or both or portion thereof as provided in this article, shall by guilty of an offense, and shall be punished by a fine of not less than five dollars ($5.00) nor more than one hundred dollars ($100.00) for each such offense.
(Code 1970, § 22-65)
State law reference – Municipal authority to assess fines for failure to repair sidewalks, etc.; RSMo 88.877.
Sec. 20-160. Construction, repair by city.
Upon the failure of the owner to comply with the notice provided for by this article, the city may, at its option, cause the required sidewalk or sidewalk curbing or both, or portions thereof to be built, constructed, rebuilt, reconstructed or repaired.
(Code 1970, § 22-66)
State law reference – Construction of sidewalks by city, RSMo 88.880 et seq.
Sec. 20-161. Estimate of cost.
Prior to the city building, constructing, rebuilding, reconstructing or repairing, any sidewalk, sidewalk curbing or both, or portion thereof, the director of public works shall prepare an estimate of cost thereof. The actual cost and expense of building, construction, rebuilding, reconstructing or repairing same shall not exceed such estimated cost.
(Code 1970, § 22-67)
Sec. 20-162. Determination of actual cost, allocation.
Upon completion of any work done or caused to be done by the city under authority of this article and prior to the issuance of a special tax bill therefor, the director of public works shall determine the cost and expense thereof. After having certified such cost and expense as true and correct, the director of public works shall charge the cost and expense to the lots, tracts or parcels of land chargeable therewith and shall make a written report to the city council stating that the improvement has been completed in accordance with the city’s requirements. The director’s report shall also contain a description of each lot, tract or parcel of land chargeable with the cost and expense of an improvement and the amount with which it is chargeable. If the city council accepts the work and approves the director‘s report, such report shall be considered embraced by and a part of the assessment ordinance subsequently passed. Following passage of the assessment ordinance, the city clerk shall proceed to issue and deliver to the proper authority the special tax bills in the manner set forth in this article.
(Code 1970, § 22-68)
Sec. 20-163. Issuance of tax bills.
After the special tax for the city’s expenses in constructing sidewalks or curbing, or both, shall have been levied, the city clerk shall make out, sign, seal and issue special tax bills against the properties chargeable with special taxes for the sidewalk building, construction, rebuilding, reconstruction or repair in the name of the apparent owner of such properties. Such special tax bills shall constrain among other property facts and recitals therein, the name of the apparent owner of the property against which such special tax is levied, the description of the lot, tract or parcel of land assessed, the amount of the special tax levied against the property described in the tax bill, the rate of interest which the tax bill bears, when it begins the bear interest, that it is a special lien against the land described therein, and the time the lien continues.
(Code 1970, § 22-69)
Cross reference – Taxation generally, Ch. 22.
Sec. 20-164. Installment payment of tax bills.
(a) The total cost of improvements performed by the city under this article, wherein a special tax bill shall issue therefore, may be paid in ten (10) annual installments, provided 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 tax bill shall be made payable in installments.
(b) If installment payments of a tax bill is requested under subsection (a), the tax bill shall be payable in annual installments as follows: One-tenth in one (1) year, one-tenth in two (2) years, one-tenth in three(3) years, one-tenth in four (4) years, one-tenth in five (5) years, one-tenth in six (6) years, one-tenth in seven (7) years, one-tenth in eight (8) years, one-tenth in nine (9) years, and one-tenth in (10) years after the date of their issue. Such tax bills may bear not to exceed eight (8) percent interest 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 city, become immediately due and payable.
(c) The owner of the property charged with 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.
(Code 1970, § 22-70)
State law reference – Similar provisions, RSMo 88.816.
Sec. 20-165. Tax bills to constitute a lien on land.
The city’s cost and expense of sidewalk or sidewalk curbing building, construction, rebuilding, reconstruction or repair projects as computed and certified by the director of public works upon completion of such work, shall constitute a lien on the lots, tracts or parcels of ground bordering, fronting or abutting such building, construction, rebuilding, reconstruction or repair projects and the director’s certified report together with the special tax bill subsequently issued shall be prima facie evidence that the amount stated therein is true and correct and constitutes a lien against said properties. The special tax bills subsequently issued shall, in any suit brought to enforce the collection thereof, be prima facie evidence of their own validity, of the regularity of the proceedings for such special assessment, of the doing of the work, of the furnishing of the materials charged for, of the facts authorizing their issuance, that they are special liens on the land described therein and of the liability of the property charged and constitutes a lien against said properties. The special tax bills subsequently issued shall, in any suit brought to enforce the collection thereof, be prima facie evidence of their own validity, of the regularity of the proceedings for such special assessment of the doing of the work, of the furnishing of the materials charged for, of the facts authorizing their issuance, that they are special liens on the land described therein and of the liability of the property charged therewith to the extent and amount therein specified.
(Code 1970, § 22-71.)
State law reference – Special tax bills prima facie evidence, RSMo 88.903.
Sec. 20-166. Enforcement of lien.
(a) The lien provided for by this article shall be enforced in the name of the city in any court of competent jurisdiction and in any proceedings brought to enforce such lien. The court shall have jurisdiction to correct any errors in the amount of any special tax bill. Upon judgment, the court may determine as the amount of the judgment either the amount of such special tax bill or the reasonable value of the work done. In all actions to enforce such special tax bill, the court shall have the authority to and shall allow a reasonable attorney’s fee to the plaintiff’s attorney for his services in the prosecution of said action to be taxed as costs in the proceedings.
(b) The owner of such property may pay to the city the cost and expense of the building, construction, rebuilding, reconstruction, or repair of sidewalk or sidewalk curbing project including a reasonable attorney’s fee for the bringing of any action thereon at any time before the sale of such lot, tract or parcel of land for such cost and expense.
(Code 1970, § 22-72)
State law reference – Enforcement of special tax liens, RSMo 88.812, 88.861.
Secs. 20-167 – 20-180. Reserved.
ARTICLE VII. VISUAL OBSTRUCTIONS AT STREET INTERSECTIONS*
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*Cross reference – Traffic and motor vehicles, Ch, 23; vegetation, Ch. 25.
Sec. 20-181. Definition.
For the purposes of this article the phrase “street gutter flow line” shall mean the street gutter flow line of the curb adjacent to and bordering upon each such restricted area. If there is no such curb, the height restriction set forth in this article shall be based upon the actual level of the paved or used potion of the public street adjacent to and bordering upon each such restricted area.
(Code 1970, § 22-135)
Cross reference – Definitions and rules of construction generally, § 1-2.
Sec. 20-182. Enforcement of article.
In addition to any penalty which may be imposed for the violation of this article, the city shall be entitled to enter upon and remove from the triangular corner areas described in this article any of the growths prohibited by this article. Such entry and removal shall be without liability to the owners thereof.
(Code 1970, §22-136)
Sec. 20-183. Restricted areas.
(a) The areas in the city restricted by the provisions of this article shall be all of that portion of land lying within a triangular shaped area on each street corner beginning at the precise corner intersection point of the curbs of each of the two (2) streets forming each corner and extending twenty (20) feet along each such curb line from such curb intersection point, the third side being determined by the drawing of a straight line from the ends of such twenty-foot extensions, whether such land be privately owned or unpaved or untraveled street right-of-way property. Where no curbs are in existence at such street intersections, such twenty-four lines shall coincide with the central flow line of the ditches paralleling such uncurbed streets as shall be determined by the director of public works.
(b) the provisions of this article shall apply only to those areas of the city designated and classified by the zoning ordinance requiring construction on lots in zoned sections to be set back from the property line of each such lot.
(Code 1670, § 22-137)
Sec. 20-184. Maximum height of objects within restricted area.
No person shall plant, grow or maintain in any restricted area any plant, hedge, shrub or other growth, except trees or any fence or other structure at a height greater than three (3) feet from the street gutter flow line.
(Code 1970, § 22-138)
Sec. 20-185. Minimum clearance of trees.
Any trees planted, grown and maintained in any restricted area shall not have branches or foliage extending from the trunk thereof at a height lower than ten (10) feet from the street gutter flow line.
(Code 1970, § 22-139.)
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