88.917. Street grading (cities, 300,000 or over).
Street grading (cities, 300,000 or over).
88.917. Every city now having or which may at any time hereafter havea population of three hundred thousand inhabitants or over shall have atall times the power to establish the grade and change the grade alreadyestablished of any street, alley, avenue, public highway or public place,or any part thereof, as often as it may be deemed best for the publicinterest, and to cause the same or any part thereof to be graded to theestablished grade or to any change thereof. Provided, however, that when achange is proposed to be made in the grade of any street, alley, avenue,public highway or public place, or any part thereof, which has once beenestablished, the city shall by ordinance declare the work of improvement tobe necessary, and cause such ordinance, or the substance thereof, to bepublished in the newspaper doing the city printing, for ten days, Sundaysincluded. Unless the resident owners of the city who shall own themajority in front feet of all the lands belonging to such residentsfronting on the street, alley, avenue, public highway, public place, orpart thereof to be improved, within thirty days after the first day of thepublication of such ordinance, file with the city register theirremonstrance against the proposed change, then the ordinance to cause theproposed change to be made shall become effective. Provided further,however, that when the charter of any such city shall require that suchordinance shall, before being passed, be recommended by a board of publicimprovements, or other authority of such city, then the same shall, beforebeing passed, be recommended as therein required. If the remonstrance ofthe resident property owners above mentioned shall be filed with the cityregister, as herein provided, the ordinance to make the proposed change inthe grade of such street, alley, avenue, public highway or public place, orany part thereof, shall not become effective until a sufficient number ofthe persons so remonstrating or their grantees shall, in writing, withdrawtheir names or the property represented by them from such remonstrance, sothat said remonstrance shall cease to represent a majority of the residentowners as above provided.
(RSMo 1939 § 7713, A.L. 2008 H.B. 2047)Prior revisions: 1929 § 7565; 1919 § 8975; 1909 § 9827