88.787. Council to publish resolution declaring improvements necessary--filing of protests--contract let to lowest and best bidder (cities, under 30,000).
Council to publish resolution declaring improvements necessary--filingof protests--contract let to lowest and best bidder (cities,under 30,000).
88.787. When the council of any city having less than thirtythousand inhabitants and having a special charter shall deem itnecessary to pave, macadamize, gutter, curb, grade or otherwiseimprove the roadway of any street, avenue or alley, or otherhighway, or any part thereof, within the limits of the city, forwhich a special tax is to be levied as provided in section88.777, the council shall, by resolution, declare such work orimprovements necessary to be done, and shall cause plans andspecifications for such work and improvements, together with anestimate of the cost thereof, to be prepared by the city engineeror other proper officer, and filed with the city clerk of suchcity, subject to the inspection of the public, and shall causesuch resolution to be published in some newspaper printed 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 property liable to taxation therefor, atthe date of the passage of such resolution, who shall own amajority of the front feet owned by residents of the cityabutting on the street, avenue or alley proposed to be improved,shall not, within ten days thereafter, file with the clerk of thecity, their protest against such improvements, then the councilshall have power to cause a contract for said work to be let tothe lowest and best bidder, on the plans and specifications filedas aforesaid with the city clerk by the city engineer or otherproper officer, not less than one week's advertisement for bidsthereon being made in some newspaper published in the city.Where the bids for said work are above the estimates, or no bidsare presented, or where the bids presented are for any reasonrejected, or where the contractor to whom the contract is awardedfails to enter into a written contract for the performance ofsaid contract, or to execute the bonds required by ordinancewithin the time provided therefor, the council may readvertisefor bids. When the council shall by ordinance find and declarethat a majority of the resident owners of the property liable totaxation therefor, who shall also own a majority of the frontfeet owned by residents of the city abutting on the street oralley, proposed to be improved, have not filed with the cityclerk a protest against such improvement, such finding anddeclaration shall be conclusive after the execution of thecontract for said improvement, and no special tax bill shall beheld invalid for the reason that a protest sufficiently signedwas filed with the city clerk.
(RSMo 1939 § 7498)Prior revisions: 1929 § 7345; 1919 § 8759; 1909 § 9619