88.520. Declaration of necessity for improvement to be published--protests (third class cities).
Declaration of necessity for improvement to be published--protests(third class cities).
88.520. 1. Before the city council shall be authorized,under the provisions of sections 88.507 and 88.510, to grade orpave any alley, or to grade, pave or gutter the roadway part ofany street, when the improvement is to be paid for with specialtax bills, they shall, by resolution, declare that they deem suchimprovement necessary to be made, and shall cause such resolutionto be published in some newspaper printed and published in thecity, for two consecutive insertions in a weekly paper, or sevenconsecutive insertions in a daily paper, and if a majority of theresident owners of the lands that would be liable for the cost ofthe improvement, at the date of the passage of the resolution,who shall own a majority of the front feet owned by residents ofthe city, abutting on the street or part of street proposed to beimproved, shall not within ten days after the date of the lastpublication file with the city clerk their protest against suchimprovement, then the council shall have the power to cause theimprovement to be made; and if the council shall find and declareby ordinance that no such majority have so filed such protest,such finding and declaration shall be conclusive, after theexecution of the contract for the making of the improvement, andthereafter no special tax bill shall be held invalid for thereason that a protest sufficiently signed was filed with theclerk.
2. The council shall have full power to make all provisionsdeemed necessary for the making of contracts by the city, for thedoing of all the work necessary in making the improvements hereinspecified, but all such contracts shall be let to the lowest andbest bidder, upon advertisement for bids, published by twoconsecutive insertions in a weekly paper or seven consecutiveinsertions in a daily paper in some newspaper published in thecity.
3. But before the city shall make any contract for any ofsaid improvements excepting repairs, an estimate of the costthereof shall be made by the city engineer, and in case there beno city engineer, such estimate shall be made by some otherperson designated by ordinance. Such estimate shall be filedwith the city clerk and no contract shall be made for a priceexceeding such estimate.
4. The council shall have the power to require anycontractor doing work to guarantee that an improvement will lastfor a specified term of years, and during such term will be keptin repair, and to require the contractor to give to the cityapproved bonds for the faithful performance of any obligation.
5. The council shall have the power to repair any sidewalk,curbing, guttering or paving without letting any contract forsuch work, but can have such work done in such manner as may beprovided for by ordinance. When such work is done by the city,not through a contractor, the tax bills shall be issued to thecity and the city shall have the same power to collect such taxbills as other owners of tax bills.
(RSMo 1939 § 6988)Prior revisions: 1929 § 6842; 1919 § 8324; 1909 § 9255
CROSS REFERENCE:
Sidewalks to have wheelchair ramps, when required, RSMo 71.365