Chapter 16

STREETS AND SIDEWALKS

CONTENTS

ARTICLE I
IN GENERAL

§ 16-1.    Reserve rights.
§ 16-2.    Board of aldermen may open and vacate streets.
§ 16-3.    Street grade, etc; how paid for.
§ 16-4.    Street improvement; construction.
§ 16-5.    Sprinkling and oiling streets; how paid for.
§ 16-6.    Paving squares, crossings or foot walks; how paid for.
§ 16-7.    Bonds for paving streets.
§ 16-8.    Tax bills to issue for street improvements.
§ 16-9.    Penalty.
§§ 16-10 to 16-15.  reserved.

ARTICLE II.  REPAIR AND CONSTRUCTION

§ 16-16.  Repair or construction required.
§ 16-17.  Notice; what to contain; how served.
§ 16-18.  Owner failing to comply.
§ 16-19.  City engineer to prepare specifications and estimates of work.
§ 16-20.  City engineer to advertise for bids.
§ 16-21.  When no bids received; construction proceedings.
§ 16-22.  Board of aldermen to assess special tax.
§ 16-23.  Contractor paid in tax bills.
§ 16-24.  Board of aldermen may condemn.
§ 16-25.  Permission to build or repair sidewalks.
§ 16-26.  Grade of sidewalk.
§ 16-27.  Board of aldermen to accept sidewalks.
§ 16-28.  Penalty.
§§ 16-29 to 16-34.  Reserved.

ARTICLE III.  EMINENT DOMAIN

§ 16-35.  May condemn private property; when; how.
§§ 16-36 to 16-40.  Reserved.

Chapter 16

STREETS AND SIDEWALKS

ARTICLE I
IN GENERAL 

Sec. 16-1.  Reserve rights.

      The City of Vienna reserves to itself the exclusive control of all streets, avenues, alleys, public highways and thoroughfares within the city, and may by ordinance open, improve or vacate such streets, avenues, alleys and highways and may build sidewalks, bridges, culverts, drains and sewers within the city; and may establish grades for all such improvements, provided however, that in all instances the said city shall follow such procedure as set out under the laws of Missouri.  (§901.003, 1978 Code)

Sec. 16-2.  Board of aldermen may open and vacate streets.

      The board of aldermen is hereby given power, by ordinance, to create, open and improve any public square, public park, street, avenue, alley and other highway, old or new and also to vacate or discontinue the same whenever deemed necessary or expedient, provided, that all damages sustained by the citizens of the city or the owners of the property therein shall be ascertained as prescribed by law relating to the condemnation of private property for public use; and provided further, that whenever any public square, street, avenue, alley or other highway shall be vacated, the same shall revert to the owners of the adjacent lots in proportion as it was taken from them; and when the grade of any street or alley shall have been once established by ordinance it shall not be lawful to change such grade without making compensation to all persons owning real estate on such street or square, avenue, alley or other highway who may be damaged by such change of grade, to be determined and governed in all respects, with reference to benefit and damages, as is provided under the laws of Missouri.  (§901.005, 1978 Code)

Sec. 16-3.  Street grade, etc.; how paid for.

      The cost of bringing to grade all streets, avenues, alleys and other highways, and for the building of bridges, culverts, public sewers and foot walks across streets, avenues, alleys and other public highways shall be paid out of the general revenue fund of the city, provided however, that the board of aldermen may by ordinance, when permitted to do so under the law, provide other means of payment of the cost of bringing to the established grade any street, avenues, alley or other highway or square or area formed by the intersection of meeting of streets or other highways or part thereof proposed to be improved.  (§901.007, 1978 Code)

Sec. 16-4.  Street improvement; construction.

      The cost of paying, macadamizing, guttering and curbing (where such curb is set out into the street beyond the sidewalks) all streets, avenues, alleys and other highways or any part thereof or any connection therewith and repairing the same, and for doing all excavation and grading necessary therefore, after said streets, avenues, alleys and other highways or parts thereof or connections therewith have been brought to a grade as hereinbefore provided, shall be levied as a special assessment upon all lots and pieces of ground upon either side of such street, avenue, alley or other highway or part thereof or connection therewith abutting thereon along the distance improved in proportion to the front foot.  (§901.009, 1978 Code)

Sec. 16-5.  Sprinkling and oiling streets; how paid for.

      The board of aldermen shall have power within the city, by ordinance, to cause the streets, avenues, alleys and public places of the city or any part thereof to be sprinkled, oiled, repaired and surfaced and resurfaced and the cost therefore to be paid by special tax as provided for by laws.  (§901.011, 1978 Code)

Sec. 16-6.  Paving squares, crossings or foot walks; how paid for.

      The cost of paving or macadamizing the squares and areas as formed by the crossing or meeting of streets and other highways and parts thereof, or connections therewith, shall be borne by a special assessment as provided for by laws.  (§901.013, 1978 Code)

Sec. 16-7.  Bonds for paving streets.

      The City of Vienna is hereby granted power, authority and right to issue its bonds, within the limits prescribed by the Constitution and state laws for the purposes of paving, graveling, macadamizing, guttering and curbing all or any part of any public square, public park, street, avenue, alley and other highway, and such bonds shall not be issued until two-thirds of the legal voters of said city have consented thereto in accordance with the laws of Missouri.  (§901.015, 1978 Code)

Sec. 16-8.  Tax bills to issue for street improvements.

      The assessments made for making and repairing sidewalks and sidewalk curbing and for paving, macadamizing, curbing and guttering all streets, avenues, alleys and other highways and repairing the same, as herein provided, shall be known as special assessments for improvements and shall be levied and collected as a special tax, as provided by laws.  (§901.019, 1978 Code)

Sec. 16-9.  Penalty.

      Any person violating any of the provisions of Chapter 16, Article I and II, shall be guilty of a misdemeanor.  (§901.099, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Secs. 16-10 to 16-15.  Reserved.

ARTICLE II
REPAIR AND CONSTRUCTION

Sec. 16-16.  Repair or construction required.

      The board of aldermen may, by ordinance, require any sidewalk to be constructed on any street, or other place within the corporate limits of the city, and shall, as soon as practicable, cause a written notice of said ordinance to be served upon the owner of the property, premises or lot adjacent to or abutting upon the street or place whereon said sidewalk is to be built.  Said notice shall require such person to build such sidewalk within thirty days from the date of the service thereof.  (§911.009, 1978 Code)

Sec. 16-17.  Notice; what to contain; how served.

      The notice required in Section 16-16 shall be in writing and signed by the city clerk, and shall contain a verbatim copy of the ordinance passed by the board of aldermen requiring such sidewalk to be built.  The said notice shall be served by the city marshal either by delivering a copy of the original notice to the owner of the abutting property or if the owner be a nonresident, notice may be served on him by delivering a copy thereof to his agent or tenant, if he have any in the city; if he have none, then by publication in some newspaper in the city or, if no newspaper is published in the city, then said notice shall be published in the next nearest newspaper published in the county.  (§911.011, 1978 Code)

Sec. 16-18.  Owner failing to comply.

      It shall be the duty of the owner of said abutting property, after being served with such notice, to construct said sidewalk, and to have the same completed within thirty days after the service of said notice.  In case the owner fails to construct said sidewalk as required by ordinance, the city may cause the same to be built and charge such owner or owners with the cost thereof by special tax bill against the property, and may proceed to collect the same as hereinafter directed.  Provided, that the corner lots and intersections shall be liable for and shall be assessed for the extension of sidewalks to be required to authorize the repairing of sidewalks, curbing or guttering or reconstructing may be done by the proper officers of the city, without notice, and each piece or parcel of abutting property shall be liable for such repairs made along or adjoining the same, to be assessed and collected as in case of the construction of new sidewalks.  (§911.013, 1978 Code)

Sec. 16-19.  City engineer to prepare specifications and estimates of work.

      In case the owner of such abutting property shall fail or refuse after being notified to construct such sidewalks, the city engineer shall prepare specifications for said work, with or without curbing, as the ordinance may specify, and shall also make an estimate of the cost thereof.  Such specifications and estimate shall be filed with the city clerk and submitted to the board of aldermen for approval.  Provided, that no specifications and estimate shall be required for the making of any local or special repairs.  (§911.015, 1978 Code)

Sec. 16-20.  City engineer to advertise for bids.

      After the estimate of the city engineer is approved by the board of aldermen, the city engineer shall advertise for bids for the construction of such new sidewalk or any portion thereof remaining unconstructed, which advertisement shall be published for two consecutive weeks in some newspaper published in the City of Vienna, or if no newspaper is published in the city, then said notice shall be published in the next nearest newspaper published in the county.  The board of aldermen shall open such bids and shall let such contract to the lowest and best bidder, provided however, the city may reject any or all bids submitted, and provided further, that no contract shall be let on any bid exceeding the estimate made by the city engineer.  (§911.017, 1978 Code)

Sec. 16-21.  When no bids received; construction proceedings.

      Whenever the city engineer has advertised for bids for the construction of any sidewalk of any kind and receives no suitable bids therefore, the board of aldermen may order the city engineer to construct or reconstruct such sidewalk at the expense of the city, in which event the city engineer shall keep an accurate account of the amount expended for labor and materials, including grading and filling opposite each lot or piece of ground and present the same to the board of aldermen for assessment, and each lot or piece of ground abutting on the sidewalk constructed or reconstructed shall be liable for the costs thereof, and a special tax bill shall be issued for the amount thereof.  (§911.019, 1978 Code)

Sec. 16-22.  Board of aldermen to assess special tax.

      As soon as such sidewalks are completed and accepted by the board of aldermen, the city engineer shall compute the cost thereof and return such computation to the board of aldermen, who shall, by ordinance, assess a special tax against the lots or tracts of land as herein provided, and the city clerk shall make out a certified bill as such assessment against each lot or tract of land in the name of the owner thereof and such certified tax bill shall be delivered to the contractor who shall receive and receipt for the same in full of all claims against the City of Vienna for all work done, or materials furnished under his contract.  Provided, that in the event said sidewalk shall have been constructed, repaired or reconstructed by the city as provided for in this Chapter, such bill, when made out and certified by the clerk shall be recorded in the book kept for that purpose and then delivered to the city collector, who shall be charged with the amount thereof by the city clerk, and the city collector shall immediately proceed to collect the same, and, if it is not paid within thirty days after demand is made therefore, he shall institute suit thereon.  (§911.021, 1978 Code)

Sec. 16-23.  Contractor paid in tax bills.

      Any person taking any contract with the City of Vienna for work under this or any special ordinance, shall be paid in conformity with the Statutes of Missouri.  (§911.023, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 16-24.  Board of aldermen may condemn.

      The board of aldermen may by ordinance condemn wooden or defective sidewalks and may remove walks so condemned, and may provide for the construction of new sidewalks in the place of those so condemned and removed, or, for the repair of such sidewalks.  Provided, that the construction of such condemned sidewalks shall proceed in every way as is provided in this Chapter for the construction of new sidewalks.  (§911.025, 1978 Code)

Sec. 16-25.  Permission to build or repair sidewalks.

      No contractor or property owner or other persons shall lay, rebuild or repair, or cause to be laid, built or repaired, any sidewalk within the City of Vienna without first having written permission from the city, or its designated representative, to do so.  (§911.031, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 16-26.  Grade of sidewalk.

      No sidewalk shall be erected in a manner other than that established by the City of Vienna as set forth in the specifications as prescribed by the city engineer, and adopted by the board of aldermen.  (§911.035, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 16-27.  Board of aldermen to accept sidewalks.

      All sidewalks must be accepted by the board of aldermen before they become permanent.  (§911.039, 1978 Code)

Sec. 16-28.  Penalty.

      (See Section 16-10)  (§911.049, 1978 Code)

Secs. 16-29 to 16-34.  Reserved.

ARTICLE III
EMINENT DOMAIN

Sec. 16-35.  May condemn private property; when; how.

      Private property may be taken by the city, for public use, for the purpose of establishing, opening, widening, extending or altering any street, avenue, alley, creek, river, water course, market, place, public park and public square, and for establishing market houses and for any other necessary public purposes, provided however, that in the condemning of such property the city shall follow the procedure provided by law.  (§931.003, 1978 Code)

Secs. 16-36 to 16-40.  Reserved.