88.777. Public improvement powers (cities, under 30,000).
Public improvement powers (cities, under 30,000).
88.777. All cities within this state having less than thirtythousand inhabitants and having a special charter, in theircorporate capacity are authorized and empowered to enactordinances for the following purposes, and upon the followingconditions, in addition to their other powers:
(1) To have exclusive control and power over the streets; tograde, pave, macadamize, gutter, curb, oil and otherwise improvestreets, avenues and alleys, and to repair or reconstruct anypaving, macadamizing, guttering or curbing; to have exclusivecontrol and power over the streets, avenues, alleys and publicgrounds and highways; to open, alter, widen, extend, vacate,establish grades, pave or otherwise improve, clear and keep inrepair; to prevent and remove all encroachments thereon orobstruction thereof; to put drains and sewers in the same and toregulate the placing of vaults under sidewalks; to prohibit theerection of sheds and awnings; and to control the erection andplacing of signs and billboards on buildings and sides of thepublic streets, alleys, avenues and public grounds within thecorporate limits; to control the erection and placing oftelegraph, telephone and electric light poles on the same; and torequire the owners of all telegraph, telephone and electric lightplants to place their wires and cables under ground in thebusiness sections of such cities as the proper authorities mayprovide by ordinance or resolution; and to enforce the same byimposing appropriate fines, forfeitures and penalties forviolation of such ordinances;
(2) To construct and repair sidewalks, bridges, culverts,sewers, crosswalks, and to exercise exclusive control overstreets, avenues and alleys, and establish grades therefor;
(3) To pay the cost of bridges, culverts, public sewers andfootwalks across streets, avenues and alleys out of the generalrevenue fund of the city;
(4) To pay the cost of grading streets, avenues and alleysby levying a special assessment on all lots and tracts of landfronting or abutting on the improvement, with the exception ofstreet and alley intersections, which shall be paid as providedin subdivision (11) of this section, in proportion to the frontfoot thereof;
(5) To grade all or any part of any street, avenue or alley,and when the sidewalk portion of any street or avenue is gradedexclusive of the other part of the same, then the cost shall beassessed on the lots or tracts of land fronting or abutting onthe side of the street or avenue improved and on the improvement;
(6) To pay the cost of grading, paving, macadamizing,repairing and curbing streets, avenues and alleys out of thegeneral revenue fund if the council so order;
(7) To pay the cost of constructing and reconstructingcurbing and sidewalks by levying a special assessment on all lotsor tracts of land fronting or abutting on the improvement inproportion to the front foot thereof; provided, that corner lotsshall be liable for the extension of curbs and sidewalks to thecurb line each way;
(8) To pay the cost of repairing sidewalks by levying aspecial assessment on the particular lot or tract of landfronting or abutting on the part repaired;
(9) To pay the cost of grading, paving, macadamizing andotherwise improving the roadway of streets, avenues and alleys,except the cost of such improvement on street and alleyintersections which shall be paid as provided in subdivision (11)of this section, by levying a special assessment on the lots andtracts of land fronting or abutting on either side of saidstreet, avenue or alley along the distance improved in proportionto the front foot;
(10) To pay the cost of repairing the paving, macadamizingand guttering on any street, avenue or alley by levying a specialassessment in the following manner: The street, avenue or alleyrepaired shall be divided into sections, a section being thedistance from the center of one cross or intersecting street tothe center of the next cross or intersecting street, and the costof each section shall be assessed on the lots or tracts of landfronting on either side of that section; and the cost of suchrepairs done on street intersections or other places fronting onany other street, avenue, alley or other public highway shall beincluded as a part of the cost of the work done on the part ofthe street whose improvement is provided for by the sameordinance and contract, and shall be charged and paid for in thesame manner as the improvements provided for by such ordinanceand contract;
(11) To pay the cost of grading, paving or macadamizing thesquares and areas as formed by the crossing or meeting ofstreets, avenues or alleys, or parts thereof, or connectionstherewith, by levying a special assessment as follows: Suchareas shall be divided into parts or portions by lines drawnlengthwise along the middle of each of said streets, avenues oralleys, or parts thereof, so intersecting or meeting, and thecost of said parts or portions shall be levied as a specialassessment against the block or square contiguous to each, andprorated, in proportion to the front foot, against the lots orpieces of ground in such block or square fronting or abutting oneach of such intersecting, crossing or meeting streets, avenuesor alleys, or parts thereof.
(RSMo 1939 § 7497)Prior revisions: 1929 § 7344; 1919 § 8758; 1909 § 9618
CROSS REFERENCES:
Bonds for street improvements in special charter cities of 10,000 or less, RSMo 95.415 to 95.460
Power to procure, manage, regulate, lease and sell property, RSMo 81.180, 81.190