Missouri Statute | Act | Code |Cities, Towns And Villages| US Code - US Statute | Chapter 88 Public Works And Special Assessments Therefor--condemnation

Whenever the city council, or the proper legislative body of any
city, shall deem it necessary to condemn or appropriate private property
and to assess the cost thereof against property in a benefit district,
said legislative body shall enact an ordinance setting forth the general
nature or purpose of the use to which such private property is to be put
and declare it to be necessary to take and appropriate private property
therein described for such purpose and define the limits of a benefit
district within which private property shall be deemed benefited or
assessed to pay for such improvements, and the time and mode of payment
of such assessment and the penalty for failure to pay the same when due.
(RSMo 1939 §§ 6386, 6755, 6999, 7230, 7484, A. 1949 H.B. 2036)

Prior revisions: 1929 §§ 6264, 6628, 6853, 7080, 7331; 1919 §§ 7767,
8116, 8335, 8530, 8745; 1909 §§ 8681, 9033, 9262

Thereupon the attorney for the city, in the name of the city,
shall apply to the circuit court of the county where the city is located,
by petition, setting forth the limits of the benefit district, a correct
description of the property that is sought to be acquired or condemned,
the use for which such land is to be taken and dedicated or the general
nature of the improvements proposed to be made, the names of the owners
of the several lots, tracts or parcels of land if known, or if unknown a
correct description of the parcels whose owners are unknown, and praying
the appointment of three disinterested commissioners, who are residents
of the county, in which the real estate or a portion thereof is situated,
to assess the damages which the owners may severally sustain by reason of
the appropriation and condemnation of such real estate by the city for
any of the purposes described in this section, and to assess the property
especially benefited by the improvements within the benefited district,
in proportion to the benefits accruing to each from the proposed
improvements. (RSMo 1939 §§ 6386, 6755, 6999, 7230, 7484, A. 1949 H.B.
2036, A.L. 1990 H.B. 1070, A.L. 1999 S.B. 1, et al. merged with S.B. 71)

Prior revisions: 1929 §§ 6264, 6628, 6853, 7080, 7331; 1919 §§ 7767,
8116, 8335, 8530, 8745; 1909 §§ 8681, 9033, 9262

The owners of property to be appropriated or damaged shall be
made defendants by name, but it shall not be necessary to name any
defendants except the owners of a freehold in the property to be
appropriated. If the proceedings seek to affect lands of persons under
conservatorship, the conservators must be made parties defendant. If the
possessor of land to be affected has an estate less than a fee the person
having the next vested estate in remainder or reversion must, if known,
be made a party defendant. It shall not be necessary to name any person
defendant who is neither in actual possession nor record owner of the
property to be appropriated, but any person holding an interest in the
property or who is damaged by such appropriation may be made a party
thereto by appearing therein and shall have just compensation allowed and
paid to him in such proceedings. (RSMo 1939 §§ 6386, 6755, 6999, 7230,
7487, A. 1949 H.B. 2036, A.L. 1983 S.B. 44 & 45, A.L. 1990 H.B. 1070)

Prior revisions: 1929 §§ 6264, 6628, 6853, 7080, 7334; 1919 §§ 7767,
8116, 8335, 8530, 8748; 1909 §§ 8681, 9033, 9262

Upon the filing of the petition a summons shall be issued giving
such defendants named therein at least ten days' notice of the time when
the petition will be heard, which summons shall be served in the same
manner as writs are or may be required to be served by the code of civil
procedure. If the name or residence of any owners be unknown, or if the
owners or any of them do not reside within the state, or if service upon
them cannot be had for any reason specified in section 506.160, RSMo,
then service of notice of the time of hearing of the petition by mail or
publication shall be made in the time and manner prescribed by said
section 506.160, RSMo. Notice of the proceedings shall be given to the
owners of the property benefited, as well as other parties interested, by
publication as in this section provided for nonresidents except that such
notice need not be addressed to them by name, but shall contain a general
description of the property appropriated and of the benefit district by
boundaries as defined by the legislative body. The notice to owners of
property benefited herein required may, in the discretion of the court or
judge thereof, be incorporated in the notice by publication to unknown or
absent defendants. (RSMo 1939 §§ 6386, 6387, 6755, 7000, 7231, 7485,
7486, A. 1949 H.B. 2036)

Prior revisions: 1929 §§ 6264, 6265, 6628, 6854, 7081, 7332, 7333; 1919
§§ 7767, 7768, 8116, 8336, 8531, 8746, 8747; 1909 §§ 8681, 8682, 9034,
9263

The court on being satisfied that proper notice has been given to
all the defendants and to the owners of property within the benefited
district and that the ordinance and petition are regular and valid, shall
appoint three persons, who are residents of the county, in which the real
estate or a portion thereof is situated, as commissioners to assess the
damages which the owners of the land may severally sustain by reason of
such appropriation, and to assess the property especially benefited by
said improvements within the benefited district to pay therefor. (RSMo
1939 §§ 6388, 6756, 7001, 7232, 7488, A. 1949 H.B. 2036, A.L. 1990 H.B.
1070, A.L. 1999 S.B. 1, et al. merged with S.B. 71)

Prior revisions: 1929 §§ 6266, 6629, 6855, 7082, 7335; 1919 §§ 7769,
8117, 8337, 8532, 8749; 1909 §§ 8683, 9035, 9264

1. The commissioners so appointed shall give notice to all
parties interested of the time and place when and where they will hear
all parties interested who may appear before them, which notice need not
be directed to any particular defendant or party interested, but may be
general in its form, giving the number, title and date of approval of the
ordinance initiating the proceedings and a description of the benefited
district by boundaries as defined in the ordinance. Such notice shall be
published in some newspaper in said city, selected by the commissioners,
once each week for two consecutive weeks, the last insertion to be at
least one day before the day set for such hearing.

2. It shall be the duty of the commissioners to first determine the value
of the property to be appropriated, and all damages caused by said
appropriation; then they shall apportion the total sum to be paid for the
property condemned and damages so determined among the various lots,
tracts and parcels of land within the benefited district, and the city,
according to the actual benefits which they find will accrue to the
various lots, tracts and parcels of land within said benefited district
and to the city at large. They shall not be required to assess any sum
against any lot, tract or parcel of land within the benefited district
which they may find will not be benefited, nor shall they be required to
assess any sum against the city unless they find that the city at large
will be benefited. Any action taken by a majority of the commissioners
shall be deemed the act of all. (RSMo 1939 §§ 6389, 6757, 6765, 7489, A.
1949 H.B. 2036)

Prior revisions: 1929 §§ 6267, 6630, 6638, 7336; 1919 §§ 7770, 8118,
8126, 8750; 1909 § 8684

When the commissioners shall have viewed the property and
assessed the value, damages and benefits they shall make their return of
such assessment in writing and under oath to the circuit court. The
report shall be filed with the clerk of the court and shall set out the
amounts allowed for each lot, tract or parcel of land condemned and the
amounts assessed against the various lots, tracts and parcels of land,
and the city, if any, to pay for the land condemned, stating such amounts
separately and giving a description of each lot, tract or parcel of land
condemned or assessed. (RSMo 1939 §§ 6390, 6757, 7002, 7233, 7489, A.
1949 H.B. 2036)

Prior revisions: 1929 §§ 6268, 6630, 6856, 7083; 1919 §§ 7771, 8118,
8338, 8533, 8750; 1909 §§ 8685, 9265

All parties interested shall take notice of the filing of said
report, and any owner of any lot, tract or parcel of land assessed may,
within ten days after the filing of said report, file his written
exception to said report, asking that the same be set aside and, if the
judge shall find that such assessment was not properly made, or that
injustice was done in the making of such assessment, he shall set aside
the report of the commissioners and appoint new commissioners, who shall
proceed in the manner provided for the first commissioners, and so on
until a fair and proper determination of the allowance of damages and
assessment of benefits has been made and reported. Whenever no exceptions
are filed within the time limited, or whenever the judge shall find that
the commissioners have fairly and properly discharged their duties and
reported their action, he shall make an order confirming the assessment
as reported, which shall be final as to the assessment of benefits. (RSMo
1939 §§ 6391, 6758, 7003, 7234, 7491, A. 1949 H.B. 2036)

Prior revisions: 1929 §§ 6269, 6631, 6857, 7084, 7338; 1919 §§ 7772,
8119, 8339, 8534, 8752; 1909 §§ 8686, 9266

All owners of property to be appropriated shall take notice of
the confirmation of the report of the commissioners as to the assessment
of benefits, and any owner of property to be appropriated may, within ten
days after such confirmation, file with the clerk his request that the
assessment of damages made by the commissioners be set aside as to his
property and that the damages be assessed by a jury. If such exceptions
are filed by several property owners, the issues may, by their consent
filed in the cause, be tried as one case by the same jury, the verdict to
show the amounts allowed to the several defendants separately as to each
lot, tract or parcel of land; otherwise the issues shall be tried
separately. The judge shall set the time for trial, allowing a reasonable
time for preparation. (RSMo 1939 §§ 6759, 7003, 7234, 7491, A. 1949 H.B.
2036)

Prior revisions: 1929 §§ 6632, 6857, 7084, 7338; 1919 §§ 8120, 8339,
8534, 8752; 1909 § 9266

Appeals from the final judgment of the court on jury verdicts
shall be allowed to any defendant, defendants or the city as in
condemnation proceedings by railroad companies, and shall be controlled
and governed by the same rules as far as the same may be applicable. But
no such appeal shall operate as a supersedeas or delay the right of the
city to take possession of the property condemned. (RSMo 1939 §§ 6760,
7493, A. 1949 H.B. 2036)

Prior revisions: 1929 §§ 6633, 7340; 1919 §§ 8121, 8754

If the amount of damages finally allowed by the court or jury
shall be greater than the amount allowed by the commissioners, the excess
shall be paid by the city and the assessments against the property
benefited and against the city, if any, as made by the commissioners,
shall remain the same, but if the amount of damages finally allowed shall
be less than the amount allowed by the commissioners all assessments made
by the commissioners shall be reduced proportionately. (RSMo 1939 § 6761,
A. 1949 H.B. 2036)

Prior revisions: 1929 § 6634; 1919 § 8122

When no requests for jury trials are filed within the time
limited, or when the allowances of damages have been finally determined,
the clerk shall make a report of the result of the proceedings showing
the amount of damages finally allowed for each lot, tract or parcel of
land to be appropriated, describing the same, and showing the amounts
finally charged against the various lots, tracts and parcels of land for
benefits, describing the same and the amount assessed against the city at
large, if any, and the amount of excess to be paid by the city, if any,
under his hand and the seal of the court, and file the same with the
papers in the case. He shall also make a copy of said report, duly
certified, which the sheriff shall deliver to the city clerk and the
sheriff shall make his return on the original showing such service and
the date thereof. (RSMo 1939 § 6762, A. 1949 H.B. 2036)

Prior revisions: 1929 § 6635; 1919 § 8123

The city shall, by ordinance, confirm or reject the report
mentioned in section 88.047 within thirty days after delivery of the said
certified copy to the city clerk and shall file a certified copy of such
ordinance with the clerk of the circuit court within ten days after the
taking effect of such ordinance. Failure of the city to take action upon
such report within the time limited shall be deemed a rejection of same.
If such report is rejected in either manner, the proceedings shall be
dismissed and no proceedings to condemn any of said property for the same
or any similar purpose shall be instituted by the city within two years
after the rejection of the report, unless upon the petition of the owners
of three-fourths of the property fronting on the line of the proposed
improvement. (RSMo 1939 § 6393, 6394, 6763, 7492, A. 1949 H.B. 2036)

Prior revisions: 1929 §§ 6271, 6272, 6636, 7339; 1919 §§ 7774, 7775,
8124, 8753; 1909 §§ 8688, 8689

The judge shall allow the commissioners and court officials
reasonable compensation for their services, which, together with all
other costs accruing up to and including confirmation of the
commissioners' report, shall be paid by the city. All costs accruing
after said time shall be paid by the losing party. (RSMo 1939 §§ 6392,
6764, 7004, 7235, 7494, A. 1949 H.B. 2036)

Prior revisions: 1929 §§ 6270, 6637, 6858, 7085, 7341; 1919 §§ 7773,
8125, 8340, 8535, 8755; 1909 §§ 8687, 9267

When the council shall confirm the proceedings, judgment shall be
rendered that the city have and hold the property so to be taken upon
payment of the compensation assessed therefor, for the purpose specified
in the initiatory ordinance, that the city recover the respective amounts
assessed against private property, and that the lots, tracts and parcels
of land so assessed for benefits stand severally charged and bound for
the payment of the respective assessments and the interest that may
accrue thereon, and the city pay the amount, if any, charged against it,
and if said assessments are by the ordinance aforesaid made payable in
more than one installment the judgment shall so recite. The city shall
not have the right to take possession of the property condemned until it
has paid to the owners, or to the clerk of the court for the use of said
owners, the amount of damages determined as aforesaid. (RSMo 1939 §§
6769, 7006, 7008, 7237, 7239, 7492, A. 1949 H.B. 2036)

Prior revisions: 1929 §§ 6641, 6860, 6862, 7087, 7089, 7339; 1919 §§
8129, 8342, 8344, 8537, 8539, 8753; 1909 §§ 9269, 9271

1. Said assessments for benefits shall be a lien from the date of
the taking effect of the initiatory ordinance and shall continue until
the assessment against such lot, tract or parcel of land has been fully
paid or a sale made thereunder. No assessment shall be defeated or
affected by any irregularity affecting only other assessments. In case of
failure of the proceedings as to any part of the land to be condemned
supplementary proceedings may be had as to such part. Damages allowed and
benefits assessed shall bear interest from the date of final judgment
until paid at the rate of six percent per annum, but in case of any
deficiency in the interest collected upon benefit assessments, the city
shall pay the deficit. In case of failure to collect any assessments in
full or in part by failure of the property to sell for a sufficient price
to fully pay same and costs of sale, or otherwise, the city shall pay the
amount of such deficit or loss. The city may pay all or any part of the
assessments and have execution therefor in its own right.

2. Special executions may be issued against any property assessed for
benefits at the instance of the city or of any party entitled to damages
under the judgment, and such special execution shall be entitled as the
case is docketed without naming any owner of the property, and
proceedings thereon and sale thereunder shall be governed by the ordinary
rules applicable to special executions against real estate. Payments
shall be made to the clerk of the court in which the judgment is
rendered, and if made at different times the clerk may disburse the same
by prorating the amount or amounts so received by him among the various
lots, tracts or parcels of land for which damages have been allowed, in
proportion to the allowance for each, and paying the respective amounts
to the owner thereof. (RSMo 1939 §§ 6768, 7007, 7237, 7238, 7492, A. 1949
H.B. 2036)

Prior revisions: 1929 §§ 6640, 6861, 7087, 7088, 7339; 1919 §§ 8128,
8343, 8537, 8538, 8753; 1909 § 9270

Any city shall have the right to advance the amount of damages
awarded on the filing of the report of the commissioners assessing the
damages and thereupon enter upon and take possession of such property and
proceed with the public improvements for which such property is sought to
be taken or damaged, and to be reimbursed from the benefits assessed when
the same are collected. Any subsequent proceedings shall affect only the
amount of compensation to be allowed for the property taken or damaged
and shall not in any way interfere with the right of such city to the
property sought to be acquired or damaged for public purposes. (RSMo 1939
§§ 6395, 7008, 7010, 7239, A. 1949 H.B. 2036)

Prior revisions: 1929 §§ 6273, 6862, 6864, 7089; 1919 §§ 7776, 8344,
8346, 8539; 1909 §§ 8690, 9271, 9273

CROSS REFERENCE: Possession of land condemned, delivery, how enforced,
RSMo 523.055

(1960) Where city deposited amount of judgment in condemnation action in
court, it could enforce possession of the condemned land even though
interest on judgment was not so deposited. Mayor etc. of Liberty v.
Boggess (A.), 332 S.W.2d 305.

No change of venue shall be allowed in any of the proceedings
under sections 88.010 to 88.070 to which any city having not less than
ten thousand inhabitants and not more than thirty thousand inhabitants
and having a special charter is a party except where the judge of the
court shall be disqualified for any of the reasons stated in the statute
of this state relating to change of venue in civil cases. If the judge of
such court is disqualified or is charged by any person interested in such
proceedings with being disqualified for any of the reasons stated in the
statute, it shall be the duty of said judge to call in a judge from some
other judicial circuit of this state to sit and hear the proceedings and
render his decree and judgment the same as the regular judge could have
done. Said judge so called shall receive for his services mileage and ten
dollars per day for each day engaged, to be taxed as cost in the cause.
(RSMo 1939 § 7496, A. 1949 H.B. 2036)

Prior revisions: 1929 § 7343; 1919 § 8757

The court shall so adapt its procedure hereunder as to give all
parties in interest due process of law and just compensation for all
property appropriated notwithstanding any provisions in this or any other
statute to the contrary. All proceedings hereunder shall be governed as
far as practicable, when the practice is not prescribed by these
sections, by the rules applicable to civil proceedings in the circuit
court. (RSMo 1939 §§ 6770, 7494, A. 1949 H.B. 2036)

Prior revisions: 1929 §§ 6642, 7341; 1919 § 8755

1. Cities shall have the right to condemn lands under the
provisions of sections 88.010 to 88.070 and pay for the same out of any
funds available out of the city treasury without any assessments for
benefits, or to advance the amount of damages awarded at the time pending
the proceedings and thereupon take possession of the property and to be
reimbursed from the benefits assessed when the same are collected.

2. Whenever the charter of any constitutional charter city makes
provision for the condemnation of property for public purposes and
assessment of benefits therefor, such city may elect to proceed with such
condemnation or assessment, or both, in the manner provided in sections
88.010 to 88.070 or to proceed in the manner provided in its charter.
(RSMo 1939 § 7240, A. 1949 H.B. 2036)

Prior revisions: 1929 § 7090; 1919 § 8540

(1951) Since enactment of this section, proceedings to condemn under city
charter exceptions are not required to be tried by common-law jury unless
charter so provides. State ex rel. Dennis v. Williams, 362 Mo. 176, 240
S.W.2d 703.

When it becomes necessary for any city to condemn private
property outside of the city limits for any authorized purpose the
proceedings therefor shall be regulated in all respects as the
condemnation of property for railroad purposes is at the time regulated
by law. (RSMo 1939 § 7495; A. 1949 H.B. 2036)

Prior revisions: 1929 § 7342; 1919 § 8756

1. In all cases where the proper authorities in any city in this
state have graded or regraded, or may hereafter grade or change the grade
or lines of any street or alley, or in any way alter or enlarge the same,
or construct any public improvement, thereby causing damage to private
property for public use, within the meaning of section 26 of article I of
the state constitution, without the consent of the owner of such
property, or in case they fail to agree with the owner thereof for the
proper compensation for the damages so done, or likely to be done or
sustained by reason thereof, or if by reason of the legal incapacity of
such owner, no such compensation can be agreed upon, the circuit court
having jurisdiction over the territory embraced in such city on
application by petition, either by the city authorities or the owner of
the property for which damage is claimed, or any one on behalf of either,
shall appoint three disinterested residents of such city, who shall meet
upon the premises at a time by them to be appointed, of which they shall
give personal notice to the owners, or their agents, of the land
affected, if they can be found, as well as five days' notice by
advertisement in the newspaper doing the city printing; and the
commissioners, having first been duly sworn to perform their duties
justly and impartially, and a true report to make, shall view the street
or alley or improvement and premises affected by the change or
enlargement or construction thereof, having due regard to and making just
allowances for the advantages which have resulted or which may seem
likely to result to the owner or owners of property for which damages may
be allowed or claimed, and after such comparison shall estimate and
determine whether any, and if any, how much damages such property may
have sustained, or seems likely to sustain by reason thereof, and make
report of the same, and if no exceptions be filed within ten days
thereafter, or in the event exceptions are filed and overruled, the court
shall confirm the report and enter judgment thereon with costs, from
which judgment either or any party shall be entitled to an appeal or writ
of error, as in other cases.

2. If the proceedings seek to affect the lands of persons under
conservatorship, the conservators must be made parties; if the lands of
married persons, their spouses must be made parties; if the possessor of
lands to be affected has an estate less than a fee, the person having the
next vested estate in remainder or reversion must, if known, be made a
party. It shall not be necessary to make any persons parties in respect
to their ownership unless they are in actual possession of the premises
to be affected, or have a title to the premises appearing of record.

3. The petition shall set forth the general nature of the work or
improvement causing damage to private property for public use as
aforesaid, together with all the facts necessary to give the court
jurisdiction in the premises, the names of the owners of the several lots
or parcels of land to be affected thereby, if known, or if unknown, a
correct description of the parcels whose owners are unknown. The petition
may be presented to the circuit court.

4. Upon filing the petition a summons shall be issued, giving the
defendants at least ten days' notice of the time when the petition will
be heard, which summons shall be served in the same manner as writs of
summons are or may be by law required to be served. If the name or
residence of the defendants, or any of them, be unknown, or if they, or
any of them, do not reside within the state, notice of the time of
hearing the petition, reciting the substance of the petition, and the day
fixed for the hearing thereof, shall be given by publication for four
weeks consecutively prior to the time of the hearing of the petition, in
the papers doing the city printing, and the court on being satisfied that
due notice of the pending of the petition has been given, shall make the
above appointment of commissioners.

5. The city authorities shall, before the filing of such petition, define
by ordinance the limits within which private property is deemed benefited
by the change, enlargement, grading, regrading or improvement aforesaid,
and the owners of the private property within such limits shall be made
parties defendants, as provided in this section, and served with notice
and process as provided in this section. (RSMo 1939 § 7373, A.L. 1945 p.
1306, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45, A.L. 1990 H.B. 1070)

Prior revisions: 1929 § 7222; 1919 § 8676; 1909 § 9553

It shall be the duty of the commissioners, in every case where
damages are allowed as aforesaid, to provide for the payment of such
damages by assessing against the city the amount of benefit, if any, to
the public generally by reason of the change, enlargement or improvement
aforesaid, and the balance, if any, against all property which shall, in
the opinion of the commissioners, be especially benefited by the proposed
change, enlargement or improvement, to the amount that each lot or tract
of ground shall be benefited thereby. The sum to be paid by the owners of
the property especially benefited as aforesaid shall be a lien on the
property charged from the date of the final decree of the circuit court,
and the court, when it makes such decree and confirms the report of the
commissioners, shall render a special judgment against each tract or
parcel of private property assessed in said report for benefits, to the
amount assessed against each tract and parcel, which judgment shall be a
special judgment and bind the property and the interests of the defendant
therein. If said judgment is not paid within ten days thereafter, then
there shall be issued from said court in favor of the city a special
execution against each tract or parcel separately, and the same shall be
sold in the same manner as is now provided by law for sales of real
estate under execution. Said judgment shall bear fifteen percent interest
from ten days from the rendition thereof; and the cost of such execution
and proceedings thereunder shall be taxed against the defendants. (RSMo
1939 § 7374)

Prior revisions: 1929 § 7223; 1919 § 8677; 1909 § 9554

The report of the commissioners to the circuit court shall be in
writing and under oath, and filed by the clerk thereof, and the damages
allowed to and the benefits assessed against each lot of ground, and the
owner or owners thereof, shall be separately stated. (RSMo 1939 § 7375)

Prior revisions: 1929 § 7224; 1919 § 8678; 1909 § 9555

The report of the commissioners may be reviewed by the circuit
court on written exceptions, filed by any party in the clerk's office
within ten days after the filing of such report, and the court shall make
such order therein as right and justice may require, and may order a new
appraisement on good cause shown, but the hearing of such exceptions
shall be summary, and the court shall fix a day therefor without delay.
And any party shall be entitled to have the damages assessed by a trial
by jury as at common law, upon claiming the right in the exceptions to
the report of the commissioners. (RSMo 1939 § 7376)

Prior revisions: 1929 § 7225; 1919 § 8679; 1909 § 9556

The costs of the proceedings, up to and including the filing of
the report of the commissioners in cases where damages are allowed by the
report, shall be paid by the city, and all costs caused by any subsequent
litigation shall be paid by the losing party, and in cases where the
report disallows all claims for damages, the costs shall be paid by the
losing party. (RSMo 1939 § 7377)

Prior revisions: 1929 § 7226; 1919 § 8680; 1909 § 9557

All the damages allowed shall, within six months from any final
decree terminating the litigation, from which no appeal or writ of error
is prosecuted, be paid out of the city treasury to the parties entitled
thereto, and if the ownership of the property to which such damages are
allowed is in controversy, the amount of the damages allowed said
property shall, within the time aforesaid, be paid into the circuit court
for the use of the successful claimant of the property. (RSMo 1939 § 7378)

Prior revisions: 1929 § 7227; 1919 § 8681; 1909 § 9558

(1959) In action to assess damages and benefits for changing the grade of
the street, the owner of the abutting land at the time the grade was
actually changed, rather than subsequent owners, was entitled to the
damages assessed, although judgment for such damages was rendered later.
City of St. Louis v. Moehlenhoff (A.), 322 S.W.2d 155.

All real property, including rights-of-way, yards and depot
grounds, situated within the corporate limits of any incorporated city,
town or village in this state, of any railroad company which now owns or
operates, or which may hereafter own or operate, any railroad or part of
a railroad within the corporate limits of any such city, town or village,
shall be subject to special assessments for public improvements made by
any such city, town or village, in the same manner and to the same extent
in all respects as the real property of any other person or corporation
therein. And all laws which now or which may hereafter be in force for
the making, enforcement and collection of such special assessments
against the real property of other persons and corporations in such city,
town or village, shall apply to and govern the making, collection and
enforcement of such special assessments against such real property of any
such railroad company in the same manner and to the same extent as to
such special assessments against the real property of other persons and
corporations therein. (RSMo 1939 § 7367)

Prior revisions: 1929 § 7216; 1919 § 8655; 1909 § 9543

In all cities of Missouri that are authorized to issue special
tax bills against real estate therein for public improvements of any
kind, and which special tax bills are required by law to be recorded, and
are made by law a lien on the real estate described in such tax bill,
such lien may be released upon presentation of such tax bill to the city
clerk, or other officer in charge of the records of special tax bills,
and the city clerk or other officer shall note on such special tax bill
that the same is canceled and has been released on the record, stating
the date of such release, and attest the release in his official
capacity; and such clerk or other officer shall note on the record of
such tax bill that the original tax bill has been presented to him, and
by him canceled, and affix thereto the date of such release, and attest
the same; releases made under the provisions of this section shall be a
release of the lien of such tax bill for all purposes. If any such tax
bill has been paid and cannot be presented for cancellation for the
reason that the same has been lost or destroyed, an affidavit by the
payee thereof as to said loss, and stating that same has been paid, may
be presented in same manner and to same effect as the original tax bill,
and the cancellation shown on the record and attested as above provided.
If the tax bill has been assigned or transferred, the affidavit as to
such loss may be made by the assignee thereof, and in all cases where
such affidavit is made, the affiant shall state that he was the owner of
said tax bill at the time of its loss, and that the same is not in the
possession of any person having a lawful claim to the same. If the tax
bill has been lost or destroyed after being paid and surrendered to the
owner of the property described therein, or some other proper person,
then the clerk or other proper officer may enter a cancellation of the
record of such tax bill upon the presentation to him of the affidavits
above mentioned. All affidavits used for the purpose herein indicated
shall be attached to the record of the tax bill affected by it. Such
affidavits may apply to more than one such tax bill and reference thereto
properly shown by the clerk or other officer who enters such release. The
clerk, or other officer who enters such release, shall be entitled to
collect twenty-five cents for each tax bill released. (RSMo 1939 § 7385)

Prior revision: 1929 § 7234

If a city of this state has caused to be constructed or
reconstructed any sewer, boulevard, street, alley, sidewalk or other
local improvement, and to pay the cost of the improvement has levied a
special assessment against private property and issued special tax bills
pursuant thereto, and the assessment or any part thereof, or the special
tax bills, or any thereof are adjudged invalid and unenforceable either
in whole or in part by the final judgment of any appellate court of
competent jurisdiction for any reason other than the failure of the
contractor who has done the work to fully comply with his contract, the
city may, by ordinance, make a new assessment or reassessment upon all
land benefited by the improvement, and in so doing may, if necessary,
create a new assessment district and define its boundaries. (RSMo 1939 §
7379, A.L. 1945 p. 1305, A.L. 1957 p. 240)

Prior revisions: 1929 § 7228; 1919 § 8661

Before any ordinance making provision for such reassessment, or
the creation of such assessment district, shall be put upon its passage,
the board of aldermen, or other local legislative body before which it is
pending, shall appoint a day upon which it will hear and consider any and
all objections to such ordinance and shall give public notice of the time
and place and matter thus to be considered, which said notice shall be
addressed to all persons interested; shall set forth in full the pending
ordinance; shall state that at the appointed time and place all
landowners within the assessment district defined by said ordinance, and
all other persons interested, may appear before said legislative body and
be heard upon all matters pertinent to said ordinance; and shall be
published once a week for two weeks, the last publication to be at least
one week before such day of hearing, in some newspaper of general
circulation published in the city wherein said ordinance is pending, or
if there be no newspaper published in said city, then in the county
wherein said city is situated. After said hearing has been had, said
ordinance may be passed, rejected or amended as justice may require.
(RSMo 1939 § 7380)

Prior revisions: 1929 § 7229; 1919 § 8662

Such ordinance shall set forth the total amount of such new
assessment and shall provide in what manner it shall be apportioned among
the various lots and parcels of land included within the assessment
district in said ordinance defined, giving due credit to each and every
lot and parcel of land entitled thereto for all payments on the previous
assessment for the improvement in question that shall appear from the
city records to have been made on account of such lot or parcel, and for
any part of such previous assessment, which, though unpaid, is a valid
lien against such lot or parcel. (RSMo 1939 § 7381)

Prior revisions: 1929 § 7230; 1919 § 8663

The total amount of such new assessment shall be in such sum as
is equitable under all circumstances. It shall in no case exceed that
part of the previous assessment that is invalid and is unpaid at the time
the ordinance levying the new assessment is introduced, and where,
because of lack of competitive bidding, or other cause, the value of the
improvement, when made, was less than the contract price thereof, then
the new assessment shall not exceed the fair value of the improvement at
said time less all payments made on the original assessment and the
amount of such part of the original assessment as is valid. And no lot or
parcel of land shall be assessed by said ordinance in a greater amount
than the difference between the amount of the benefits it shall have
received from the improvement and the credits to which it is entitled
under section 88.113; provided, however, that if, through error or
misconstruction, the amount of the new assessment should, in any case, be
excessive under this provision, because of the failure to give a proper
credit or credits under section 88.113, the new assessment shall not
thereby be avoided, but any person owning or pecuniarily interested in
any property which shall not have received due credit under the aforesaid
provisions shall be entitled to a proper reduction in amount, in any
proceeding brought to enforce such assessment or tax bill, or in
appropriate proceedings instituted for the purpose by him or them in the
circuit court of the county or city where the property is situated. (RSMo
1939 § 7382)

Prior revisions: 1929 § 7231; 1919 § 8664

The final passage of any ordinance under the provisions of
sections 88.107 to 88.127 shall be deemed a conclusive determination that
the amount of the assessment therein made is in conformity with section
88.117 and that each lot or parcel of land within the assessment district
by such ordinance defined has been benefited by the improvement in
question in an amount at least equal to the assessment charged against it
by such ordinance, plus all credits to which it is entitled under section
88.113. (RSMo 1939 § 7383)

Prior revisions: 1929 § 7232; 1919 § 8665

As soon as may be after such ordinance has come into effect,
special tax bills, in favor of the record holder of the original
defective bills, against the various lots, tracts and parcels of land
included within the assessment district in said ordinance defined, shall
be issued pursuant thereto by the proper officers, and all other
appropriate steps to effectuate said ordinance shall be taken in the same
manner and with like force and effect as in the case of original
assessments; and such new tax bills shall have the same attributes as
have tax bills issued pursuant to original assessments for like
improvements. (RSMo 1939 § 7384)

Prior revisions: 1929 § 7233; 1919 § 8666

Sections 88.107 to 88.127 shall be liberally construed so as to
prevent private property that has been in good faith benefited by local
public improvements from escaping payment of its just share of the value
thereof; and shall apply to all cases wherein original assessments for
local improvements are made. No reassessment shall be made under sections
88.107 to 88.127 unless the ordinance authorizing it is passed and
becomes effective within two years after the previous assessment has been
declared to be invalid, in whole or in part. Parts of previous
assessments which are not invalid under the ruling of some appellate
court of competent jurisdiction are not in any way affected by sections
88.107 to 88.127. (RSMo 1939 § 7386, A.L. 1957 p. 240)

Prior revisions: 1929 § 7235; 1919 § 8667

Whenever in any proceeding instituted by any city in this state
for the purchasing, taking or damaging of property for public purposes,
provision is made in the judgment in said proceeding for the payment in
annual installments of assessments of benefits against property for the
purchasing, taking or damaging of property for public purposes, the time
within which execution may be issued on the judgment assessing any such
benefits shall not expire until two years after the date upon which the
last installment shall be due, and default in the payment of any prior
installment shall not shorten the time within which such execution may be
issued. (L. 1919 p. 221 § 1)

Each franchise or contract provided for in sections 71.530, RSMo,
77.210, RSMo, 78.190, 78.630, RSMo, and sections 88.613, 88.770, and
88.773 shall remain on file with the city clerk for public inspection at
least thirty days before the final passage or adoption thereof. The
effective date of such franchise or contract shall be the earliest date
upon which one of the following events occurs: the bill approving the
franchise or contract is signed by the mayor or person exercising the
duties of the mayor's office; the board of aldermen overrides the mayor's
veto; or the conclusion of the next meeting of the board of aldermen when
the mayor has neither signed nor vetoed the bill. Every such franchise or
contract provided for above shall be subject to approval or disapproval
of the voters of such city whenever twenty-five percent of the voters of
such city, as appears from the number of voters who voted for mayor at
the last preceding municipal election, file with the city clerk, within
thirty days after the passing of the franchise or contract, a petition,
in the following form, calling for the submission of the question of
approval or disapproval of the grant of the franchise or contract to the
voters of such city at a special election or at a regular municipal
election:

To the city clerk of. . . . . . . . . . . . . . . . . . . .

We, the undersigned, hereby request the appropriate election authority to
submit the grant of the following franchise or contract to the electors
of . . . . . . . . . . . . . . . at a special election or at a regular
municipal election.

(State nature of franchise or contract.)

Upon receipt of such a petition by the city clerk, it shall be the duty
of the city clerk to determine whether the petition has presented the
question in the form required by this section and whether the petition
has been executed in compliance with the terms of subsection 4 of section
115.019, RSMo. If the petition satisfies the requirements of this section
and subsection 4 of section 115.019, RSMo, the city clerk shall cause the
appropriate election authority to give notice of an election and to
submit the question of approval or disapproval of the grant of the
franchise or contract to the voters at a special election, or at a
regular municipal election. Not later than the tenth Tuesday prior to an
election, the city clerk shall send to the appropriate election authority
a certified copy of the legal notice to be published. The legal notice
shall include the particular question to be voted on at such election,
the date and time of the election and a sample ballot. The appropriate
election authority shall cause legal notice of such election to be
published as required in chapter 115, RSMo. The ballots used when voting
upon such franchise or contract shall contain, but not be limited to, the
following language:

Shall the city of . . . . . . . . . . . . . (name of city) enter into the
contract to . . . . . . . . . . . . . . . . . . . . . . . . . . (State
nature of proposed contract or franchise)?

[ ] YES [ ] NO

If you are in favor of the question, place an "X" in the box opposite
"Yes". If you are opposed to the question, place an "X" in the box
opposite "No".

If a majority of the voters voting on that issue vote against such
franchise or contract, the same shall no longer be effective on the date
the election authority certifies the election results. If a majority of
the qualified voters voting on such proposed franchise or contract shall
vote in favor thereof, such franchise or contract shall continue to be an
effective, valid and binding franchise or contract of the city and shall
remain in full force and effect and cannot be repealed or amended.
Nothing contained herein shall be interpreted to prohibit the granting of
a franchise by the use of the right of initiative petition. (L. 1987 S.B.
412 § 1, A.L. 1989 H.B. 451, A.L. 1996 H.B. 1557 & 1489)

Effective 6-13-96

Private property may be taken by the cities of the third class
for public use for the purpose of establishing, opening, widening,
extending or altering any street, avenue, alley, wharf, creek, river,
watercourse, market place, public park or public square, and for
establishing market houses, and for any other necessary public purposes.
(RSMo 1939 § 6998)

Prior revisions: 1929 § 6852; 1919 § 8334; 1909 § 9261

(1998) A municipality's general statutory authority to condemn private
property is not sufficient to condemn property devoted to prior public
use for another public use which will destroy, impair or interfere with
such prior use. Smithville v. St. Luke's Northland Hospital, 972 S.W.2d
416 (W.D.Mo.).

The city may issue tax bills or certificates transferring to the
holder benefits, or parts thereof, as may be provided by ordinance, and
sell the same for not less than par, the proceeds being applied only to
the use for which such benefits were levied, and in such case said city
shall only be liable to the holder thereof for the proper application of
funds collected by it. (RSMo 1939 § 7011)

Prior revisions: 1929 § 6865; 1919 § 8347; 1909 § 9274

As soon as practicable after the confirmation of any verdict
rendered under sections 88.010 to 88.070 by the council of any third
class city in the proceedings for the condemnation of private property,
the city clerk shall file a full record, in a book provided for that
purpose, of such proceedings, which record shall contain correct copies
of all ordinances constituting part of the proceedings, the notices to
the parties to the proceedings, and returns thereon; all notices
published and the proofs thereof, all orders by the mayor, the names of
the jurors and when impaneled, and the verdict of the jury, and such
other documents and matters as the ordinances of the city may require.
The mayor shall examine such final record of such proceedings, and if it
be correct, sign the same; and thereafter such record, or copy thereof,
certified by the city clerk, under his hand and the seal of the city,
shall be competent evidence in all courts of this state of facts stated
therein. The original papers shall be carefully preserved by the city
clerk. (RSMo 1939 § 7012, A. 1949 H.B. 2036)

Prior revisions: 1929 § 6866; 1919 § 8348; 1909 § 9275

Any city of the third class shall have full power and authority,
under the following conditions, to do the following things: To levy and
collect taxes, for general revenue purposes, on all property within the
limits of such city, taxable according to the laws of this state. To
grade, pave (the word "pave" as herein used meaning to improve with all
kinds of street paving, including macadamizing), gutter, curb and
otherwise improve streets and alleys, and parts of same, and to
reconstruct and repair any paving, grading, guttering and curbing, and to
make and repair sidewalks, bridges, culverts and crosswalks, and to
condemn and destroy any sidewalk deemed unfit for use, and replace the
same with a new one of the same or different material, and to exercise
control over streets and alleys, and establish and reestablish grades
thereon. The cost of bridges, culverts and footwalks across streets and
alleys shall be paid for out of the general revenue funds of the city.
The cost of grading streets and alleys shall be charged against the lots
and tracts of land fronting or abutting on the street or alley, or part
of same, so improved, and on the improvement, in proportion to the number
of fronting or abutting feet. Such city shall have the power to grade
all, or any part of any street, or alley, but when the sidewalk part of
any street, that is the part between the curb line and the street line,
is graded exclusive of the other parts of same, the cost of the grading
shall be charged against the lots and tracts of land fronting or abutting
on the side of the street so improved, and on the improvement, in
proportion to the number of fronting or abutting feet. The cost of making
curbing and sidewalks shall be charged against the lots and tracts of
land fronting or abutting on the improvement in proportion to the
fronting or abutting feet, except that in making sidewalks, corner lots
shall be charged with the cost of extending the sidewalk to the curb
lines of intersecting streets, and in making curbing, corner lots shall
be charged with the cost of extending the curbing to the curb lines of
intersecting streets, and curbing and extending the curbing back to the
street line at intersecting streets and alleys. The cost of repairing
sidewalks and curbing shall be charged against the particular lot or
tract of land fronting or abutting on the part repaired. The cost of
paving, guttering and otherwise improving any alley and the roadway part
of any street, that is, the part between curb lines, including street
intersections, shall be charged against the lots and tracts of land
fronting or abutting on the street or alley so improved along the
distance improved, in proportion to the number of fronting or abutting
feet. When the paving or guttering on any street or alley is only
repaired ("repaired" as here used shall not include any improvement where
the entire surface of a paving is renewed, but such renewal shall be
considered as paving), the cost of such repairing shall be charged in the
following manner, namely: The street or alley shall be divided into
sections, a section being the distance from the center line of one cross
or intersecting street to the center line of the next cross or
intersecting street, and the cost of repairing each section shall be
charged against the lots and tracts of land fronting or abutting on that
section in proportion to the number of fronting or abutting feet. (RSMo
1939 § 6987)

Prior revisions: 1929 § 6841; 1919 § 8323; 1909 § 9254

CROSS REFERENCE: Sidewalks to have wheelchair ramps, when required, RSMo
71.365

1. All lands owned by any county or other political or municipal
subdivisions, cemeteries and railroad rights-of-way, fronting or abutting
on any of said improvements shall be liable for their proportionate part
of the cost of such improvement, and tax bills shall be issued against
such property as against other property, and any county, city or other
political or municipal subdivision that shall own any such property shall
out of the general revenue funds or other funds pay any such tax bill,
and in any case where any county, city or other political or municipal
subdivision, cemetery company or owners or railroad company, shall fail
to pay any such tax bill, the owner or holder of same may sue such
county, city or other political or municipal subdivision, cemetery
company or owners or railroad company on such tax bill, and be entitled
to recover a general judgment against such county, city or other
political or municipal subdivision, cemetery company or owners or
railroad company.

2. Any of said street improvements may be paid for in whole or part by
such city out of general revenue funds, or other funds which the city may
have for such purposes if the council so desires, but all such
improvements shall be paid for with special tax bills, unless the
proceedings of the city for same specify that payment will be out of the
general revenue funds or other funds in whole or part.

3. The charges made against lands for all of said improvements shall be
known as special assessments or taxes, for improvements, and shall be
charged and assessed by issuing special tax bills against the lands
chargeable with the cost of the improvements; each special tax bill so
issued shall be a special lien on the land against which it is issued.
(RSMo 1939 § 6987)

Prior revisions: 1929 § 6841; 1919 § 8323; 1909 § 9254, 9255

1. Before the city council shall be authorized, under the
provisions of sections 88.507 and 88.510, to grade or pave any alley, or
to grade, pave or gutter the roadway part of any street, when the
improvement is to be paid for with special tax bills, they shall, by
resolution, declare that they deem such improvement necessary to be made,
and shall cause such resolution to be published in some newspaper printed
and published in the city, for two consecutive insertions in a weekly
paper, or seven consecutive insertions in a daily paper, and if a
majority of the resident owners of the lands that would be liable for the
cost of the improvement, at the date of the passage of the resolution,
who shall own a majority of the front feet owned by residents of the
city, abutting on the street or part of street proposed to be improved,
shall not within ten days after the date of the last publication file
with the city clerk their protest against such improvement, then the
council shall have the power to cause the improvement to be made; and if
the council shall find and declare by ordinance that no such majority
have so filed such protest, such finding and declaration shall be
conclusive, after the execution of the contract for the making of the
improvement, and thereafter no special tax bill shall be held invalid for
the reason that a protest sufficiently signed was filed with the clerk.

2. The council shall have full power to make all provisions deemed
necessary for the making of contracts by the city, for the doing of all
the work necessary in making the improvements herein specified, but all
such contracts shall be let to the lowest and best bidder, upon
advertisement for bids, published by two consecutive insertions in a
weekly paper or seven consecutive insertions in a daily paper in some
newspaper published in the city.

3. But before the city shall make any contract for any of said
improvements excepting repairs, an estimate of the cost thereof shall be
made by the city engineer, and in case there be no city engineer, such
estimate shall be made by some other person designated by ordinance. Such
estimate shall be filed with the city clerk and no contract shall be made
for a price exceeding such estimate.

4. The council shall have the power to require any contractor doing work
to guarantee that an improvement will last for a specified term of years,
and during such term will be kept in repair, and to require the
contractor to give to the city approved 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 for such work, but can
have such work done in such manner as may be provided for by ordinance.
When such work is done by the city, not through a contractor, the tax
bills shall be issued to the city and the city shall have the same power
to collect such tax bills 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

When the council of any city of the third class shall deem it
necessary to pave, macadamize, gutter, curb, grade or otherwise improve
the roadway of any street or avenue for a distance not more than twelve
hundred feet in length so as to connect at both ends with paving,
macadamizing, guttering, curbing, grading or other improvement either on
the same street or avenue or on other streets or avenues, or on the same
street or avenue and another street or avenue, the council shall declare
such work to be necessary to be done and shall cause the same proceedings
to be had as are provided in section 88.520, except that no protest may
be filed. The resolution passed and published shall state the fact that
anyone desiring to do so may appear before the council at a time stated
therein and be heard on the question of the necessity of the work sought
to be done, and if anyone does so appear he shall be heard, and the
council shall by resolution state the result of such hearing to be a
reaffirmance of the necessity for the doing of such work or the contrary,
as the council may then decide. If no one appears, or if the council
reaffirms the necessity of the doing of such work and improvement, then
it shall proceed with such work and improvement in the manner provided in
sections 88.497 to 88.647 for such work and improvement when no
sufficient protest against such improvement is filed within the time
limited therefor. (RSMo 1939 § 6989)

Prior revisions: 1929 § 6843; 1919 § 8325

1. The council shall have power to limit the cost to be assessed
as a special tax against the abutting property for street improvement as
provided in section 88.520. If the council shall, in the resolution
provided for by said section, declare that the cost of the proposed work,
not to exceed an amount per front foot to be stated in the resolution,
shall be charged to the abutting property and limited to such amount, and
the balance, if any, shall be charged to the city, then any cost in
excess of such stated amount shall be borne by the general revenue, and
only that part of the cost limited to such stated amount per front foot
shall be charged against the abutting property.

2. In proceeding under this section the council may let the work to
contract as provided in sections 88.497 to 88.647, or have the same done
by its street commissioner under such supervision as it may direct by
ordinance. In either case, the whole cost shall be paid out of the
general revenue, and special tax bills shall then be assessed by
ordinance against the abutting property for its part of the cost when the
work is completed, and special tax bills issued therefor, made payable to
the city, signed by the mayor and attested by the city clerk with the
seal of the city affixed. Said special tax bills, when due and after
demand of payment, may be sued upon for nonpayment whenever the council
shall so order. Said tax bills shall be delivered and charged by the city
clerk to the city collector for collection, and the collector shall be
entitled to two and a half percent upon the amount of such collections
made by him for his service in collecting the same.

3. All of the provisions of sections 88.507 to 88.523, relating to the
assessment, issue, rate of interest, lien, abstracting, collection,
releasing and cancellation of special tax bills for improvements
mentioned in said section 88.520, so far as applicable and not
inconsistent with the provisions of this section, shall apply to tax
bills issued in pursuance of this section. (RSMo 1939 § 6994)

Prior revisions: 1929 § 6848; 1919 § 8330; 1909 § 9257

In addition to the powers herein granted, the city council may,
by ordinance or resolution, condemn wooden and defective sidewalks, and
may remove walks so condemned, and may provide for the construction of
new sidewalks in the place of walks so condemned and removed. (RSMo 1939
§ 6996)

Prior revisions: 1929 § 6850; 1919 § 8332; 1909 § 9259

1. The council may provide for and regulate the lighting of
streets and the erection of lamp posts, poles and lights therefor, and
may make contracts with any person, association or corporation for the
lighting of the streets and other public places of the city with gas,
electricity or otherwise. Any initial contract must be ratified by a
majority of the voters of the city voting on the question. Any renewal
contracts entered into under the provisions of this section shall be
subject to voter approval of the majority of the voters voting on the
question, pursuant to the provisions of section 88.251.

2. The council may also erect, maintain and operate gas works, electric
light works or light works of any other kind or name, and may erect lamp
posts, electric light poles, or any other apparatus or appliances
necessary to light the streets, avenues, alleys or other public places,
and may supply private lights for the use of the inhabitants of the city
and its suburbs, and may regulate the same, and may prescribe and
regulate the rates to be paid by the consumers thereof, and may acquire,
by purchase, donation or condemnation, suitable ground within or without
the city upon which to erect such works, and the right-of-way to and from
said works, and also the right-of-way for laying gas pipes, electric
wires under or above ground, and erecting posts and poles and such other
apparatus and appliances as may be necessary for the efficient operation
of such works, except that the council may in its discretion grant the
right to any person or persons or corporation to erect such works and lay
the pipe, wires and erect the posts, poles and other necessary apparatus
and appliances therefor, upon such terms as may be prescribed by
ordinance and that such right to any such person, persons or corporation
shall not extend for a longer period than twenty years, except that such
right may be renewed for another period or periods not to exceed twenty
years per period. Every initial grant for such services shall be approved
by a majority of the voters of the municipality voting on the question.
Every renewal or extension shall be subject to voter approval of the
majority of the voters voting on the question, pursuant to the provisions
of section 88.251. Nothing herein contained shall be construed as to
prevent the council from contracting with any person, association or
corporation for furnishing the city with gas or electric lights in cities
where franchises have already been granted, and where gas or electric
lights plants already exist, without a vote of the people. (RSMo 1939 §
6961, A. 1949 H.B. 2036, A.L. 1978 H.B. 971, A.L. 1986 H.B. 1471, et al.,
A.L. 1987 S.B. 412, A.L. 1989 H.B. 451)

Prior revisions: 1929 § 6815; 1919 § 8302; 1909 § 9238

The term "white way system" as used in sections 88.617 to 88.633
means the systematic arrangement of ornamental light posts, street
arches, frosted and colored lights and globes and other illuminating
equipment, conduits and all necessary apparatus therefor in a prescribed
district. (RSMo 1939 § 6962)

Prior revision: 1929 § 6816

Councils in cities of the third class may lay out, establish and
maintain white way systems; may provide for and regulate the lighting of
the streets within the white way district and may make contracts with any
persons, associations or corporations for the lighting of the white way
illuminating system; providing that no such contract shall be made for a
longer time than ten years. (RSMo 1939 § 6963)

Prior revision: 1929 § 6817

The city council shall have the right to erect, install, maintain
and operate lamp posts, electric light poles, street arches, conduits or
any other apparatus or appliances necessary in lighting the streets,
avenues, alleys or other public places within the white way district.
(RSMo 1939 § 6964)

Prior revision: 1929 § 6818

The city council may, at its discretion, elect to assess as
special taxes, one-half of the cost of installation of a white way system
unless by remonstrance estopped, and submit to the voters a proposal to
issue bonds for the remaining one-half, the whole project being
contingent upon the approval of the proposed issue of special tax bills
and of bonds. (RSMo 1939 § 6965, A.L. 1978 H.B. 971)

Prior revision: 1929 § 6819

The city council shall be governed in its proceedings by sections
88.507 to 88.520, 88.812 to 88.822 and 88.854 (governing the improvement
of streets, alleys, sidewalks, etc., assessment of costs against abutting
property owners, notice, contracts, tax bills, records to be kept by the
city clerk, and payment of tax bills) and sections 95.115 to 95.145, RSMo
(prescribing the procedure for incurring indebtedness). (RSMo 1939 §
6966, A.L. 1953 p. 268, A.L. 1961 p. 216)

Prior revision: 1929 § 6820

1. The council may make contracts with any person, association or
corporation for furnishing the city with water, and for supplying fire
hydrants and public fountains, but no such contract shall be made for a
longer time than twenty years. Any initial contract must be ratified by
the vote of a majority of the voters of the city voting on the question.
Any renewal contracts entered into under the provisions of this section
shall be subject to voter approval of the majority of the voters voting
on the question, pursuant to the provisions of section 88.251.

2. The council may erect, maintain and operate waterworks for the city,
and may regulate the same, may prescribe and regulate the rates to charge
to private consumers of water furnished from such waterworks, and may
acquire by purchase, donation or condemnation, suitable grounds within or
without the city upon which to erect such works, and the right-of-way to
and from such works, and also the right-of-way for laying water pipes and
posts and telephone, telegraph or electric wires and poles, under or
above ground, as may be necessary for the efficient operation of said
waterworks; all of which shall be done in such manner as shall be
prescribed by ordinance, and the council may in its discretion grant the
right to any person, association or corporation to erect, maintain and
operate waterworks, and lay pipes, erect poles and telegraph, telephone
and other electric wires, under or above ground, as may be necessary for
the efficient operation of such works, upon such terms as the council may
by ordinance prescribe, but in no case shall such right extend for a
longer period than twenty years, except that such right may be renewed
for another period or periods not to exceed twenty years per period.
Every initial grant for such services shall be approved by a majority of
the voters of the municipality voting on the question. Every renewal or
extension shall be subject to voter approval of the majority of the
voters voting on the question, pursuant to section 88.251. Nothing in
this section* and section 88.630 shall be so construed as to prevent any
city council from contracting with any person, association, or
corporation for supplying fire hydrants and public fountains, and to
furnish the city with gas or electric lights in cities where franchises
have already been granted and where waterworks and electric plants
already exist, without a vote of the people. (RSMo 1939 § 6967, A.L. 1978
H.B. 971, A.L. 1986 H.B. 1471, et al., A.L. 1989 H.B. 451)

Prior revisions: 1929 § 6821; 1919 § 8303; 1909 § 9239

*Word "section" does not appear in original rolls.

The council shall have power to create, open and improve any
public square, street, avenue, alley or 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 in that portion of sections 88.497 to 88.647 relating to the
condemnation of private property for public use; and provided further,
that whenever any public square, street, avenue or 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 still further provided,
that 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 benefits and damages as is provided in sections 88.497 to
88.647. (RSMo 1939 § 6995)

Prior revisions: 1929 § 6849; 1919 § 8331; 1909 § 9258

The council may provide by ordinance for sprinkling and cleaning,
or either or both, the streets and avenues, or any part thereof of the
city, and may assess the cost and expense thereof as a special tax upon
all real estate abutting upon the street or avenue, or part thereof,
sprinkled or cleaned, in proportion to the front foot, and may issue, or
cause to be issued, special tax bills therefor, which shall be a lien on
such real estate until paid; provided, that before any such assessment
shall be made, the council shall pass a resolution declaring such street
sprinkling or cleaning necessary to be done, and shall cause such
resolution to be published at least one week in some newspaper published
in the city, and if a majority of the resident owners of the property
abutting upon such street or avenue, or part thereof, proposed to be
sprinkled or cleaned, shall not, within ten days thereafter, file with
the clerk of said city their protest against such sprinkling or cleaning,
then the council shall have power to contract therefor and cause the same
to be done; provided further, however, that in no case shall the cost of
such sprinkling or cleaning exceed five cents each per front foot per
month upon the property abutting upon such street or avenue, or part
thereof. The method of making said assessments and collecting the same
shall be provided by ordinance. (RSMo 1939 § 6959)

Prior revisions: 1929 § 6813; 1919 § 8300; 1909 § 9237

Whenever a petition as is now provided by law is presented to the
county commission of any county for the opening, extension or widening of
any county road along and adjoining the corporate limits of any city of
the third class, such commission shall proceed as is now authorized by
law to condemn the right-of-way of such road, the maximum width of which
shall not be over eighty feet. Before such road, however, shall be
declared opened or the possession of such property for such right-of-way
be taken for public use, the council of such city shall ascertain, in the
manner herein provided in this chapter, the proportionate amount of
benefits resulting to the owners of land adjacent thereto within the
corporate limits of such city, who shall contribute toward compensating
the person injured, and such amount shall constitute a lien in favor of
the city on the said adjacent land, and the person or persons who shall
be benefited and so assessed shall pay in such manner as herein provided.
The city authorities shall define by ordinance the limits within which
private property is deemed benefited by the opening, extension or
widening as aforesaid, and the owners of private property within such
limits shall be notified as herein set out, and appeals may be taken as
herein provided. (RSMo 1939 § 6974)

Prior revisions: 1929 § 6828; 1919 § 8310; 1909 § 9246

All cities in this state of the third class and cities with
special charter containing three thousand inhabitants and less than
thirty thousand inhabitants are authorized and empowered to enact
ordinances to pay the cost of laying and extending water main pipes by
said cities by levying a special assessment, as herein provided, on the
lots and tracts of land fronting or abutting on either side of the
street, avenue or alley along the distance so improved in proportion to
the front foot, whenever a majority of the resident owners of the
property liable to taxation therefor and who shall own a majority of the
front feet owned by residents of the city abutting on the street or alley
along which the improvement is to be made shall petition the city council
or other legislative body for such improvement, or whenever such body in
its discretion, shall deem extension of water mains necessary for
sanitary or other purposes conducive to the public welfare. (RSMo 1939 §
7525)

Prior revision: 1929 § 7371

Whenever the council or other legislative body of such city shall
deem such improvement necessary to be done, whether on petition or
otherwise, it shall by ordinance declare such improvement necessary to be
done together with the reason therefor and shall cause plans and
specifications for such work and improvement together with an estimate of
the cost thereof, to be prepared by the city engineer or other proper
officer and filed with the city clerk of such city subject to inspection
of public, which said ordinance shall also set out in detail the course
along which the water main pipes are to be laid, the depth, the
dimensions of the pipe, the source and the termination thereof, together
with the necessary valves and other equipment and appurtenances in
connection with the said pipe and cause said ordinance to be published in
some newspaper printed in the city. (RSMo 1939 § 7526)

Prior revision: 1929 § 7372

The ordinance shall provide that after the publication thereof,
the owners of the property affected by the improvement shall have thirty
days from the date of the publication to make and complete the
improvement provided for in the ordinance under direction of the city
engineer and in conformity with the plans and specifications filed as
provided for in section 88.653. At the end of said thirty days the owners
of the land affected by the improvement shall cease to have a right to
make the improvement by private contract and the council or other
legislative body shall have power to cause a contract for said work to be
let to the lowest and best bidder, on the plans and specifications filed
as aforesaid with the city clerk by the city engineer or other proper
officer, not less than one week's advertisement for bids thereon being
made in some newspaper published in the city. Where the bids for said
work are above the estimates, or no bids are presented, or where bids
presented are for any reason rejected, or where the contractor to whom
the contract is awarded fails to enter into a written contract for the
performance of said contract, or to execute the bonds required by
ordinance within the time provided therefor, the council or other
legislative body shall direct the clerk to readvertise for bids. All
county or other public property, cemeteries or railroad rights-of-way
shall be subject to assessments as provided for by sections 88.787 and
88.790, relating to such lands. (RSMo 1939 § 7527)

Prior revision: 1929 § 7373

After the city has entered into a contract for construction of
the improvements, the city engineer or other proper officer of the city
shall compute the cost thereof and apportion said cost among the various
lots and tracts of land chargeable therewith, charging each lot or tract
of land with its proportionate part of said cost as required herein and
shall make a written report to the council or other legislative body
describing therein the lots and tracts of land chargeable with the part
of the cost of such improvement and the amount with which it is
chargeable and the name of the owner thereof. If the council approves the
report, they shall by ordinance levy and assess the cost of the
improvement against the various lots and tracts and parcels of land in
proportion to the front foot as provided herein and direct the clerk to
issue tax bills in accordance with the levy and assessment of the
ordinance. (RSMo 1939 § 7528, A.L. 1985 H.B. 676)

Prior revision: 1929 § 7374

Effective 6-18-85

All special tax bills issued by cities as herein provided for
laying and extending of water main pipes shall be assignable and
collectible in any action brought by the owner or holder of said bills,
but the city shall not be liable for the cost in any such suit in any
action brought by the owner or holder of said tax bills and said tax
bills shall in any action thereon be prima facie evidence of the
regularity of the proceedings for such special assessments and of the
validity of the bills, of the doing of the work and of the furnishing of
the materials charged for, and of the liability of the property to the
charge stated in the bills. (RSMo 1939 § 7529)

Prior revision: 1929 § 7375

Private property may be taken by cities of the fourth class, for
public use, for the purpose of establishing, opening, widening, extending
or altering any street, avenue, alley, wharf, creek, river, watercourse,
marketplace, public park, or public square, and for establishing market
houses and for any other necessary public purposes. (RSMo 1939 § 7229)

Prior revisions: 1929 § 7079; 1919 § 8529

(1998) A municipality's general statutory authority to condemn private
property is not sufficient to condemn property devoted to prior public
use for another public use which will destroy, impair or interfere with
such prior use. Smithville v. St. Luke's Northland Hospital, 972 S.W.2d
416 (W.D.Mo.).

1. The cities coming under the provisions of sections 88.667 to
88.773 in their corporate capacities are authorized and empowered to
enact ordinances for the following purposes in addition to the other
powers granted by law:

(1) To levy and collect taxes for general revenue purposes on all mixed,
personal and real property within the limits of said city, taxable
according to the laws of this state;

(2) To open and improve streets, avenues, alleys and other highways, and
to make sidewalks and build bridges, culverts, drains and sewers within
the city, and to establish grades for all improvements herein mentioned.

2. Such ordinances as may relate to any public work or improvements of
any kind shall authorize the particular work to be done or improvements
to be made, and shall specify the general character and extent thereof,
the material to be used therein and in the alternative, if desirable, and
the manner and regulations under which any such public work or
improvement shall be executed.

3. Cities of the fourth class shall have and exercise exclusive control
over all streets, alleys, avenues and public highways within the limits
of such city. (RSMo 1939 § 7197)

Prior revisions: 1929 § 7047; 1919 § 8498; 1909 § 9400

The board of aldermen shall have power to create, open and
improve any public square, public park, street, avenue, alley or 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 in that portion of this chapter relating to the
condemnation of private property for public use; and provided further,
that whenever any public square, street, avenue or 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 in sections 88.667 to 88.773. (RSMo 1939 § 7212)

Prior revisions: 1929 § 7062; 1919 § 8512; 1909 § 9412

(1969) This section does not prevent recovery of damages under Art. I, §
26, of the constitution, for private property taken or damaged for public
use. Lange v. City of Jackson (A.), 440 S.W.2d 758.

The cost of bringing to grade all streets, avenues, alleys and
other highways, and for the building of bridges, culverts, public sewers
and footwalks across streets, avenues, alleys and other public highways,
shall be paid out of the general revenue fund of the city. (RSMo 1939 §
7198)

Prior revisions: 1929 § 7048; 1919 § 8499; 1909 § 9401

The cost of paving, 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 excavating and
grading necessary for the same, after said streets, avenues, alleys and
other highways, or parts thereof or connections therewith, have been
first brought to grade, as provided in section 88.670, 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; provided, that the cost of paving,
macadamizing, curbing and guttering any street, avenue, alley or highway,
or any part thereof, and the cost of repairing and cleaning of the same
and of making and repairing sidewalks may be paid out of the general
revenue fund of the city or other funds which the city may have for such
purposes, if the board of aldermen so desires, in which case the
proceedings of the city for such improvements shall specify that payment
will be made out of the general revenue funds or other funds in whole or
in part. (RSMo 1939 § 7201, A.L. 1945 p. 1266)

Prior revisions: 1929 § 7051; 1919 § 8502; 1909 § 9403

The cost of paving or macadamizing the squares and areas as
formed by the crossing or meeting of streets and other highways, or parts
thereof or connections therewith, shall be levied as a special
assessment, and paid for as follows: Such area shall be divided into
parts or portions by lines drawn lengthwise along the middle of each of
said streets or highways so intersecting or meeting, and the cost of said
parts or portion shall be levied as a special assessment against the
block or square contiguous to each, and prorated against the lots or
pieces of ground in such block or square abutting on the street improved.
(RSMo 1939 § 7203)

Prior revisions: 1929 § 7053; 1919 § 8504; 1909 § 9405

When the board of aldermen shall deem it necessary to pave,
macadamize, gutter, curb (when such is set out in the street beyond the
sidewalk) or otherwise improve any street, avenue, alley or other
highway, or any part thereof, within the limits of the city for which a
special tax is to be levied as herein provided, the board of aldermen
shall, by resolution, declare the work or improvements necessary to be
done, and cause the resolutions to be published in some newspaper
published in the city for seven consecutive insertions in a daily paper
or two consecutive insertions in a weekly paper. If a majority of the
owners of the property liable to taxation therefor, residing in the city
at the date of the passage of such resolution, shall not, within ten days
from the date of the last insertion of the resolution, file with the city
clerk their protest against, then the board of aldermen may cause the
improvements to be made, and to contract therefor, and to levy the tax as
herein provided. The findings of the board that a majority of such owners
have not filed protest shall be conclusive and final. No publication
shall be necessary for the making of any sidewalks, but upon the petition
of any ten citizens of the city the board of aldermen may make contracts
for the construction of sidewalks, including grading therefor, with or
without curbing, along any street, avenue or other public highway, or any
part thereof whatever. The contract shall be let to the lowest and best
bidder, upon plans and specifications filed therefor by the city engineer
or other officer designated by the board of aldermen, with the city
clerk, not less than one week's advertisement for bids thereupon being
made in some newspaper published in the city. When upon proper
advertisement no bid is received, the board of aldermen may proceed as
provided in section 88.826. (RSMo 1939 § 7210, A.L. 1961 p. 216)

Prior revisions: 1929 § 7060; 1919 § 8510; 1909 § 9411

No formality shall be required to authorize the repairing of
sidewalks, or of street or other paving, curbing, guttering, macadamizing
or part thereof, or reconstructing the same, and making assessments
therefor; but the proper officer or committee on improvements may,
without notice, cause such work to be done, keeping an account of the
cost thereof, and reporting the same to the board of aldermen for
assessment; and each lot or piece of ground abutting on such sidewalk,
street, avenue, or alley, or part thereof, shall be liable for its part
of the cost of any work or improvement provided for in sections 88.700
and 88.703, done or made along or in front of such lot or piece of ground
as reported to the board of aldermen, and all lands, lots and public
parks owned by any county or city, and all other public lands, all
cemeteries, owned by public, private or municipal corporations; provided,
that nothing in this section shall be construed to authorize any
assessment against any cemetery lot, and all railroad rights-of-way
fronting or abutting on any of said improvements shall be liable for
their proportionate part of the cost of such work and improvements, and
tax bills shall be issued against said property as against other
property, and any county or city that shall own any such property shall
out of the general revenue funds pay any such tax bill, and in any case
where any county or city or railroad company shall fail to pay any such
tax bill, the owner of the same may sue such county, city or railroad
company on such tax bill and be entitled to recover a general judgment
against such county, city or railroad company. Any of said improvements
to be paid for by such city may be paid for by said city out of the
general revenue funds if the council so desires, but all such work and
improvements shall be paid for with special tax bills unless the
proceedings of the city for the same specify that payment will be made
out of the general revenue funds of said city. The board of aldermen may
provide a penalty for failure to pay such special tax within a given
time, and any tax bills issued in payment of such repairs shall
constitute a lien upon the property liable therefor until paid. All costs
for building and constructing sidewalks shall be paid to the contractor
therefor, in special tax bills assessed against the abutting property
liable therefor, and such tax bills shall constitute a lien upon such
property until paid, and shall bear interest at eight percent per annum
from the date of issue. (RSMo 1939 § 7210, A.L. 1971 S.B. 171)

Prior revisions: 1929 § 7060; 1919 § 8510; 1909 § 9411

When the board of aldermen of any city of the fourth class shall
deem it necessary to pave, macadamize, gutter, curb, grade or otherwise
improve the roadway of any street or avenue for a distance not more than
twelve hundred feet in length so as to connect at both ends with paving,
macadamizing, guttering, curbing, grading or other improvements either on
the same street or avenue or other streets or avenues, or on the same
street or avenue and another street or avenue, the board of aldermen
shall declare such work to be necessary to be done and shall cause the
same proceedings to be had as are provided in section 88.700, except no
protest may be filed. The resolution passed and published shall state the
fact that anyone desiring to do so may appear before the board of
aldermen at a time stated therein and be heard on the question of the
necessity of the work sought to be done, and if anyone does so appear he
shall be heard, and the board of aldermen shall, by resolution, state the
result of such hearing to be a reaffirmance of the necessity for the
doing of such work or the contrary, as the board of aldermen may then
decide. If no one appears, or if the board of aldermen reaffirm the
necessity of the doing of such work and improvement, then it shall
proceed with such work and improvement in the manner in this chapter
provided for such work and improvement when no sufficient protest against
such improvement is filed within the time limited therefor. (RSMo 1939 §
7211)

Prior revisions: 1929 § 7061; 1919 § 8511

The board of aldermen shall have power, by ordinance, to provide
for and require the building and repairing of sidewalks and sidewalk
curbing along any streets, avenues or highways of such city, the cost
thereof to be levied as a special assessment on all lots or pieces of
ground abutting on such improvements in proportion to the front foot
thereof, and to impose a fine and penalty for the violation of such
ordinance. Corner lots shall be liable for the extension of curbs and
sidewalks to the curb lines each way. (RSMo 1939 §§ 7170, 7199, A. 1949
H.B. 2036)

Prior revisions: 1929 §§ 7020, 7049; 1919 §§ 8471, 8500; 1909 §§ 9373,
9402

CROSS REFERENCE: Sidewalks to have wheelchair ramps, when required, RSMo
71.365

In addition to the powers herein granted, the board of aldermen
may, by ordinance or resolution, condemn wooden and defective sidewalks,
and may remove walks so condemned, and may provide for the construction
of new sidewalks in the place of walks so condemned and removed. (RSMo
1939 § 7213)

Prior revisions: 1929 § 7063; 1919 § 8513; 1909 § 9413

All real estate owned by a county and situate within the
corporate limits of any city of the fourth class shall be subject to the
provisions of all ordinances of such city which relate to the erection
and maintenance of hitching posts, sidewalks, guttering, curbing, fences
along streets and alleys, and the paving and macadamizing of streets to
the same extent as that of private citizens of such city. (RSMo 1939 §
7226)

Prior revisions: 1929 § 7076; 1919 § 8526; 1909 § 9427

It shall be the duty of the county commission whenever any of the
improvements of the property set out in section 88.743 is required by
ordinance, to forthwith make such improvement fronting or abutting any
real estate owned by the county and lying within the corporate limits of
the city, and included in the terms of the ordinance, in compliance with
the provisions of such ordinance, and pay for such improvements out of
the general fund of the county. (RSMo 1939 § 7227)

Prior revisions: 1929 § 7077; 1919 § 8527; 1909 § 9428

If the county commission shall fail, neglect or refuse to comply
with the provisions of any ordinance providing for the improvement of
property as provided in sections 88.743 and 88.747, for a period of sixty
days after notice has been served on the county clerk, of the
requirements of the ordinance and the kind and nature of the improvements
to be made, the city shall proceed to make such improvements in the same
manner as is provided by ordinance for the making of similar improvements
by private citizens, and shall issue special tax bills for the cost of
all labor and material necessary in making such improvements, and such
special tax bills shall be a valid claim against such county, and it
shall be the duty of the county commission at its next regular meeting
after the completion of said improvements to audit, allow and pay out of
the general fund of the county the cost of making said improvements or
the special tax bills issued therefor. (RSMo 1939 § 7228)

Prior revisions: 1929 § 7078; 1919 § 8528; 1909 § 9429

Whenever the city shall deem it necessary, it may, by ordinance,
provide for the construction of a septic tank or other sewage reduction
device for the purpose of purifying the discharge from any district or
joint district sewer. In such case the cost thereof shall be assessed
against the lands in the district or joint district for which the same is
provided in the same manner as is provided for the assessing of the cost
of district sewers. (RSMo 1939 § 7188)

Prior revisions: 1929 § 7038; 1919 § 8489; 1909 § 9391

1. The board of aldermen may provide for and regulate the
lighting of streets and the erection of lamp posts, poles and lights
therefor, and may make contracts with any person, association or
corporation, either private or municipal, for the lighting of the streets
and other public places of the city with gas, electricity or otherwise,
except that each initial contract shall be ratified by a majority of the
voters of the city voting on the question and any renewal contract or
extension shall be subject to voter approval of the majority of the
voters voting on the question, pursuant to the provisions of section
88.251. The board of aldermen may erect, maintain and operate gas works,
electric light works, or light works of any other kind or name, and to
erect lamp posts, electric light poles, or any other apparatus or
appliances necessary to light the streets, avenues, alleys or other
public places, and to supply private lights for the use of the
inhabitants of the city and its suburbs, and may regulate the same, and
may prescribe and regulate the rates to be paid by the consumers thereof,
and may acquire by purchase, donation or condemnation suitable grounds
within or without the city upon which to erect such works and the
right-of-way to and from such works, and also the right-of-way for laying
gas pipes, electric wires under or above the grounds, and erecting posts
and poles and such other apparatus and appliances as may be necessary for
the efficient operation of such works. The board of aldermen may, in its
discretion, grant the right to any person, persons or corporation, to
erect such works and lay the pipe, wires, and erect the posts, poles and
other necessary apparatus and appliances therefor, upon such terms as may
be prescribed by ordinance. Such rights shall not extend for a longer
time than twenty years, but may be renewed for another period or periods
not to exceed twenty years per period. Every initial grant shall be
approved by a majority of the voters of the municipality voting on the
question, and each renewal or extension of such rights shall be subject
to voter approval of the majority of the voters voting on the question,
pursuant to the provisions of section 88.251. Nothing herein contained
shall be so construed as to prevent the board of aldermen from
contracting with any person, persons or corporation for furnishing the
city with gas or electric lights in cities where franchises have already
been granted, and where gas or electric light plants already exist,
without a vote of the people, except that the board of aldermen may sell,
convey, encumber, lease, abolish or otherwise dispose of any public
utilities owned by the city including electric light systems, electric
distribution systems or transmission lines, or any part of the electric
light systems, electric or other heat systems, electric or other power
systems, electric or other railways, gas plants, telephone systems,
telegraph systems, transportation systems of any kind, waterworks,
equipments and all public utilities not herein enumerated and everything
acquired therefor, after first having passed an ordinance setting forth
the terms of the sale, conveyance or encumbrance and when ratified by
two-thirds of the voters voting on the question.

2. The ballots shall be substantially in the following form and shall
indicate the property, or portion thereof, and whether the same is to be
sold, leased or encumbered:

Shall ................................................. (Indicate the
property by stating whether electric distribution system, electric
transmission lines or waterworks, etc.) be
................................... (Indicate whether sold, leased or
encumbered.)? (RSMo 1939 § 7178, A.L. 1945 p. 1274, A. 1949 H.B. 2036,
A.L. 1978 H.B. 971, A.L. 1986 H.B. 1471, et al., A.L. 1987 S.B. 412)

Prior revisions: 1929 § 7028; 1919 § 8479; 1909 § 9381

1. The board of aldermen may make contracts with any person,
association or corporation, either private or municipal, for furnishing
the city with water, and for supplying fire hydrants and public
fountains, but no such contract shall be made for a longer time than
twenty years. Any initial contract must be ratified by a vote of a
majority of the voters of the city voting on the question. Any renewal
contracts entered into under the provisions of this section shall be
subject to voter approval of the majority of the voters voting on the
question, pursuant to section 88.251.

2. The board of aldermen may also erect, maintain and operate waterworks
for the city, and may regulate the same, may prescribe and regulate the
rates to charge to private consumers of water furnished from such
waterworks, and may acquire by purchase, donation or condemnation,
suitable grounds within or without the city, upon which to erect such
works, and the right-of-way to and from such works, and also the
right-of-way for laying water pipes and posts and telephone, telephone
exchanges with other cities and towns, telegraph or electric wires and
poles, under or above the ground, as may be necessary for the efficient
operation of such waterworks; all of which shall be done in such manner
as shall be prescribed by ordinance; except that the board of aldermen
may, in its discretion, grant the right to any person, persons or
corporation to erect, maintain and operate waterworks, and lay pipes,
erect poles and telegraph, telephone exchanges with other cities and
towns, and other electric wires, under or above ground, as may be
necessary for the efficient operation of such works, upon such terms as
the board of aldermen may prescribe by ordinance, and in no case shall
such right extend for a longer period than twenty years; except that such
right may be renewed for another period or periods not to exceed twenty
years per period. Every initial grant for such services shall be approved
by a majority of voters voting on the question. Every renewal or
extension shall be subject to voter approval of the majority of the
voters voting on the question, pursuant to the provisions of section
88.251. Nothing in this section shall be so construed as to prevent the
board of aldermen from contracting with any person, association or
corporation for supplying fire hydrants and public fountains, in cities
where franchises have already been granted, and where waterworks already
exist, without a vote of the people. (RSMo 1939 § 7179, A.L. 1978 H.B.
971, A.L. 1986 H.B. 1471, et al., A.L. 1989 H.B. 451)

Prior revisions: 1929 § 7029; 1919 § 8480; 1909 § 9382

All cities within this state having less than thirty thousand
inhabitants and having a special charter, in their corporate capacity are
authorized and empowered to enact ordinances for the following purposes,
and upon the following conditions, in addition to their other powers:

(1) To have exclusive control and power over the streets; to grade, pave,
macadamize, gutter, curb, oil and otherwise improve streets, avenues and
alleys, and to repair or reconstruct any paving, macadamizing, guttering
or curbing; to have exclusive control and power over the streets,
avenues, alleys and public grounds and highways; to open, alter, widen,
extend, vacate, establish grades, pave or otherwise improve, clear and
keep in repair; to prevent and remove all encroachments thereon or
obstruction thereof; to put drains and sewers in the same and to regulate
the placing of vaults under sidewalks; to prohibit the erection of sheds
and awnings; and to control the erection and placing of signs and
billboards on buildings and sides of the public streets, alleys, avenues
and public grounds within the corporate limits; to control the erection
and placing of telegraph, telephone and electric light poles on the same;
and to require the owners of all telegraph, telephone and electric light
plants to place their wires and cables under ground in the business
sections of such cities as the proper authorities may provide by
ordinance or resolution; and to enforce the same by imposing appropriate
fines, forfeitures and penalties for violation of such ordinances;

(2) To construct and repair sidewalks, bridges, culverts, sewers,
crosswalks, and to exercise exclusive control over streets, avenues and
alleys, and establish grades therefor;

(3) To pay the cost of bridges, culverts, public sewers and footwalks
across streets, avenues and alleys out of the general revenue fund of the
city;

(4) To pay the cost of grading streets, avenues and alleys by levying a
special assessment on all lots and tracts of land fronting or abutting on
the improvement, with the exception of street and alley intersections,
which shall be paid as provided in subdivision (11) of this section, in
proportion to the front foot 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 graded exclusive of the other
part of the same, then the cost shall be assessed on the lots or tracts
of land fronting or abutting on the 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 the general revenue fund if
the council so order;

(7) To pay the cost of constructing and reconstructing curbing and
sidewalks by levying a special assessment on all lots or tracts of land
fronting or abutting on the improvement in proportion to the front foot
thereof; provided, that corner lots shall be liable for the extension of
curbs and sidewalks to the curb line each way;

(8) To pay the cost of repairing sidewalks by levying a special
assessment on the particular lot or tract of land fronting or abutting on
the part repaired;

(9) To pay the cost of grading, paving, macadamizing and otherwise
improving the roadway of streets, avenues and alleys, except the cost of
such improvement on street and alley intersections which shall be paid as
provided in subdivision (11) of this section, by levying a special
assessment on the lots and tracts of land fronting or abutting on either
side of said street, avenue or alley along the distance improved in
proportion to the front foot;

(10) To pay the cost of repairing the paving, macadamizing and guttering
on any street, avenue or alley by levying a special assessment in the
following manner: The street, avenue or alley repaired shall be divided
into sections, a section being the distance from the center of one cross
or intersecting street to the center of the next cross or intersecting
street, and the cost of each section shall be assessed on the lots or
tracts of land fronting on either side of that section; and the cost of
such repairs done on street intersections or other places fronting on any
other street, avenue, alley or other public highway shall be included as
a part of the cost of the work done on the part of the street whose
improvement is provided for by the same ordinance and contract, and shall
be charged and paid for in the same manner as the improvements provided
for by such ordinance and contract;

(11) To pay the cost of grading, paving or macadamizing the squares and
areas as formed by the crossing or meeting of streets, avenues or alleys,
or parts thereof, or connections therewith, by levying a special
assessment as follows: Such areas shall be divided into parts or portions
by lines drawn lengthwise along the middle of each of said streets,
avenues or alleys, or parts thereof, so intersecting or meeting, and the
cost of said parts or portions shall be levied as a special assessment
against the block or square contiguous to each, and prorated, in
proportion to the front foot, against the lots or pieces of ground in
such block or square fronting or abutting on each of such intersecting,
crossing or meeting streets, avenues or 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

When the council of any city having less than thirty thousand
inhabitants and having a special charter shall deem it necessary to pave,
macadamize, gutter, curb, grade or otherwise improve the roadway of any
street, avenue or alley, or other highway, or any part thereof, within
the limits of the city, for which a special tax is to be levied as
provided in section 88.777, the council shall, by resolution, declare
such work or improvements necessary to be done, and shall cause plans and
specifications for such work and improvements, together with an estimate
of the cost thereof, to be prepared by the city engineer or other proper
officer, and filed with the city clerk of such city, subject to the
inspection of the public, and shall cause such resolution to be published
in some newspaper printed in the city for two consecutive insertions in a
weekly paper or seven consecutive insertions in a daily paper and if a
majority of the resident owners of the property liable to taxation
therefor, at the date of the passage of such resolution, who shall own a
majority of the front feet owned by residents of the city abutting on the
street, avenue or alley proposed to be improved, shall not, within ten
days thereafter, file with the clerk of the city, their protest against
such improvements, then the council shall have power to cause a contract
for said work to be let to the lowest and best bidder, on the plans and
specifications filed as aforesaid with the city clerk by the city
engineer or other proper officer, not less than one week's advertisement
for bids thereon being made in some newspaper published in the city.
Where the bids for said work are above the estimates, or no bids are
presented, or where the bids presented are for any reason rejected, or
where the contractor to whom the contract is awarded fails to enter into
a written contract for the performance of said contract, or to execute
the bonds required by ordinance within the time provided therefor, the
council may readvertise for bids. When the council shall by ordinance
find and declare that a majority of the resident owners of the property
liable to taxation therefor, who shall also own a majority of the front
feet owned by residents of the city abutting on the street or alley,
proposed to be improved, have not filed with the city clerk a protest
against such improvement, such finding and declaration shall be
conclusive after the execution of the contract for said improvement, and
no special tax bill shall be held invalid for the reason that a protest
sufficiently signed was filed with the city clerk. (RSMo 1939 § 7498)

Prior revisions: 1929 § 7345; 1919 § 8759; 1909 § 9619

1. All county or other public property, cemeteries and railroad
rights-of-way shall, for the proportionate frontage, be subject to the
liens of the special tax bills authorized by sections 88.777 to 88.797,
as in the case of other property subject to the lien of said tax bills;
any county or city in this state which shall own any public property of
any kind, character or description made subject to the lien of special
tax bills authorized by said sections shall, out of the general revenue
of such city or county, pay its proper proportionate share of the cost of
such work and improvement authorized by said sections, and a tax bill
shall be issued against such city or county, upon which said county or
city may be sued by the owner or holder of said tax bill in default of
the payment thereof; but no property held for public use shall be sold to
enforce any such lien, and the judgment upon any such tax bill shall be
the same as an ordinary judgment against cities or counties for the
recovery of money on contracts, and its collection shall be enforced in
the same manner as is now or may hereafter be provided by law for the
collection of judgments against such cities and counties.

2. No formality shall be required to authorize the repairing of streets
or other paving, macadamizing, curbing, guttering or part thereof, and
making assessments therefor, but the proper officer or officers or
committee on improvements may, with or without notice, as authorized by
ordinance or resolution, cause such work to be done, keeping an account
of the cost thereof, reporting the same to the council for assessment;
provided, that all property owned by any school district of this state
shall be subject to the special tax provided in sections 88.777 to
88.797, in the same manner as city and county property is subject thereto
and may be collected in same manner, and the school board of any such
district shall pay such special tax out of the general fund of said
district. (RSMo 1939 § 7498, A.L. 1993 S.B. 380)

Prior revisions: 1929 § 7345; 1919 § 8759; 1909 § 9619

When the council of any such city having less than thirty
thousand inhabitants and having a special charter shall deem it necessary
to pave, macadamize, gutter, curb, grade or otherwise improve the roadway
of any street, avenue or other highway not more than eight hundred feet
in length so as to connect with paved, macadamized, curbed, graded or
improved streets at both ends, on the same or other streets, the council
shall, by resolution, declare such work necessary to be done, and shall
cause the same proceedings to be had as is provided in sections 88.787
and 88.790, except that no protest may be filed. The resolution passed
and published shall state the fact that anyone desiring to do so may
appear before the council at a time stated therein and be heard on the
question of the necessity of the work sought to be done, and if anyone
does so appear he shall be heard, and the council shall by resolution
state the result of such hearing to be a reaffirmance of the necessity
for the doing of such work, or the contrary, as the fact may be. If no
one appears, or if the council reaffirms the necessity of the doing of
such work, then it shall proceed under the terms of sections 88.787 and
88.790, in the same manner as is therein provided when the abutting
resident owners fail to file a sufficient protest. The work shall be done
in the same manner and of the same materials as one or both of the
improvements on the street or streets, avenue or highway to be thus
connected is constructed, and only such work may be done as will connect
similar work on said street or streets, avenues or highways. (RSMo 1939 §
7499)

Prior revisions: 1929 § 7346; 1919 § 8760

The city council of any city in the state having a population of
less than thirty thousand inhabitants and being operated under a special
charter, shall have power within the city, by ordinance, to cause the
streets and public places in the city, or any part thereof, to be
sprinkled or oiled, and the cost thereof to be provided for and defrayed
by a special tax to be assessed in favor of the city on the adjoining
property fronting or bordering on the streets or public places where such
sprinkling or oiling is proposed to be done, on the proportion that the
linear feet of each lot fronting or bordering on the street or public
place so to be sprinkled or oiled bears to the total number of all
property chargeable with the special tax aforesaid in the territory
embraced by the contract under which said sprinkling is to be done. The
above work shall be contracted for annually by the commissioner of
streets and public improvements at such time and under such terms as
shall be provided by ordinance, and the city shall be divided into
convenient sprinkling or oiling districts for the above purpose, and each
district shall be let separately. The special tax bills spoken of shall
be and become a lien on the property charged therewith from the first
Monday in April each year and shall be prima facie evidence of the
liability of the property charged therewith to the extent and amount
therein specified, and may be collected of and from the owner of the land
in the name of and by the city as any other claim in any court of
competent jurisdiction, with interest at the rate of eight percent per
annum from the first day of May in each year, and they shall be issued
and collected in the manner hereafter provided by ordinance. (RSMo 1939 §
7500)

Prior revisions: 1929 § 7347; 1919 § 8761

All cities in this state having a special charter and containing
over ten thousand inhabitants and having less than thirty thousand
inhabitants and having special charters shall have power to cause a
general sewer system to be established, which shall be composed of four
classes of sewers, to wit: Public, district, joint district, and private
sewers. Public sewers shall be established, along the principal courses
of drainage, at such time, to such extent, of such dimensions, and under
such regulations as may be provided by ordinance. These may be extensions
or branches of sewers already constructed or entirely new throughout, as
may be deemed expedient. The city may levy a tax on all property made
taxable for state purposes over the whole city to pay for the
constructing, reconstructing and repairing of such work, which tax shall
be called "special public sewer tax" and shall be of such amount as may
be required for the sewer provided by ordinance to be built; and the fund
arising from said tax shall be appropriated solely to the constructing,
reconstructing and repairing of said sewer. (RSMo 1939 § 7472)

Prior revisions: 1929 § 7319; 1919 § 8734; 1909 § 9613

The council of any incorporated town or city in this state having
a special charter and containing ten thousand inhabitants or less, shall
have power, by ordinance, to cause the owner or owners of any property or
lot adjacent to any street or alley in said town or city to build, pave,
construct, improve or repair any sidewalk along the side of said property
or lot in such town or city. (RSMo 1939 § 7445)

Prior revisions: 1929 § 7292; 1919 § 8707; 1909 § 9585

Whenever the council of any town or city shall determine to have
any sidewalk built or repaired, as contemplated by section 88.804, the
said council shall cause at least ten days' notice, in writing, to be
served on the owner or owners of any such property or lot in said town or
city which said notice shall require such owner or owners of such
property or lot to begin to build, repair and complete the building and
repairing of any such sidewalk in a reasonable time thereafter; which
said notice shall contain a description of each property or lot as
aforesaid, and a general description of the character of such sidewalk,
giving the length and breadth of such sidewalk and the material of which
all or any part thereof shall be composed; and if, at the expiration of
fifteen days after the service of said notice, if in writing, or if by
publication, at the end of four weeks after such publication, said owner
or owners, as aforesaid, shall not, in good faith, have commenced to
build and repair any such sidewalk as aforesaid, and complete the same in
a reasonable time thereafter in the judgment of the council, said council
shall cause such sidewalk to be built or repaired at the expense of such
town or city, the cost and expense of which shall constitute a lien on
the property or lot along which such sidewalk may be built or repaired as
aforesaid, and the said town or city may enforce the said lien against
such property or lot in any court of competent jurisdiction, and a bill
duly certified by the treasurer of such town or city to be a true and
correct statement of the amount expended or paid by the town or city for
the construction or repair of such sidewalk shall be prima facie evidence
in any court that the amount therein stated is correct and constitutes a
legal lien against the property or lot along which said sidewalk is
constructed or repaired as aforesaid; provided, the owner or owners of
said property or lot may pay into the treasury of said town or city the
cost and expense of building or repairing said sidewalk by the town or
city, at any time before the sale of the said property or lot for such
cost and expense. (RSMo 1939 § 7446)

Prior revisions: 1929 § 7293; 1919 § 8708; 1909 § 9586

CROSS REFERENCE: Sidewalks to have wheelchair ramps, when required, RSMo
71.365

If the notice in writing cannot be personally served in the state
as provided in section 88.806, or if the owner or owners are unknown and
cannot be personally served, the council shall cause four weeks' notice
to be published in the English language, in some daily or weekly
newspaper published in the county in which the property or lot is
situated, setting forth all the facts required in the written notice in
section 88.806. (RSMo 1939 § 7450)

Prior revisions: 1929 § 7297; 1919 § 8712; 1909 § 9590

The legislative body of any city of the third class, fourth
class, of any city having a constitutional charter or a special charter,
and towns and villages shall have power within the municipality, by
ordinance, in all cases where the cost does not exceed two dollars per
front foot per annum upon the property abutting upon any street, avenue,
alley or public place to be improved as in this section provided, to
cause the streets, avenues, alleys and public places of the city, or any
part thereof, to be sprinkled, oiled, repaired, surfaced and resurfaced,
and the cost thereof to be provided for and defrayed by a special tax to
be assessed in favor of the municipality or contractor on the adjoining
property fronting or bordering on the streets, avenues, alleys and public
places where such sprinkling, oiling, repairing, surfacing and
resurfacing is proposed to be done, in proportion that the linear feet of
each lot fronting or bordering on the street, avenue, alley and public
place so to be sprinkled, oiled, repaired, surfaced and resurfaced bears
to the total number of linear feet of all the property chargeable with
the special tax aforesaid in the territory embraced by the contract under
which said sprinkling, oiling, repairing, surfacing and resurfacing is to
be done. The above work may be done by said municipality and an accurate
account of the cost thereof kept by said municipality or may be
contracted for annually by the legislative body at such time and under
such terms as shall be provided by ordinance, and the municipality shall
be divided into convenient sprinkling, oiling, repairing, surfacing and
resurfacing districts for the above purpose, and each district shall be
let separately. The special tax bill spoken of shall be and become a lien
on the property charged therewith from and after the commencing of such
sprinkling, oiling, repairing, surfacing and resurfacing of such streets,
avenues, alleys or public places under the provisions of an ordinance
providing therefor, and shall be prima facie evidence of the liability of
the property charged therewith to the extent and amount therein specified
and may be collected of and from the owner of the land in the name of and
by such municipality or contractor as any other claim in any court of
competent jurisdiction, and tax bills may bear interest not to exceed the
rate on ten-year United States treasury notes as established at the most
recent auction, and they shall be issued and collected in the manner
provided by ordinance; provided, that in no case shall the provisions of
this section apply where the cost of such improvement shall exceed two
dollars per front foot per annum upon the property abutting upon any
street, avenue, alley or public place; provided further, that the cost of
sprinkling, oiling, repairing, surfacing and resurfacing of any street,
avenue, alley or public place or any part thereof may be paid out of the
general revenue fund of the municipality or other funds which the
municipality may have for such purposes if the legislative body of such
municipality so desires, in which case the proceedings of the
municipality for such improvements shall specify that payment will be
made out of the general revenue fund or other funds in whole or in part.
(L. 1953 p. 312 § 1, A.L. 1959 H.B. 280 § 88.665, A.L. 1969 p. 164, A.L.
1984 S.B. 613, A.L. 1985 H.B. 676)

Effective 6-18-85

In all third class cities, fourth class cities, towns and
villages, and all cities having a constitutional charter or a special
charter, the assessments made for constructing and repairing sidewalks
and sidewalk curbing, and for sewers, and for grading, paving,
excavating, macadamizing, curbing and guttering of any street, avenue,
alley, square, or other highway, or part thereof, and repairing the same,
or for any other improvement authorized by sections 88.497 to 88.663, and
sections 88.667 to 88.773, and sections 80.090 to 80.560, RSMo, and
sections 88.777 to 88.797, and sections 88.811 to 88.861, shall be known
as "special assessments for improvements", and shall be levied and
collected as a special tax, and a special tax bill shall issue therefor
and be paid in the manner provided by ordinance. The legislative body of
such city, town or village shall cause plans and specifications for all
projects, together with an estimate of the total cost for the projects,
including construction, construction contingency and fees and other
expenses, and an estimate of the portion of the total cost to be assessed
against each property to be benefited by the project, to be prepared by
the city engineer or other proper officer, and filed with the clerk of
such city, town or village, subject to the inspection of the public, and
shall cause notice thereof to be published in some newspaper printed in
the county for two consecutive insertions in a weekly paper, and for
seven consecutive insertions in a daily paper. A public hearing shall be
had before such legislative body upon the request of three or more
citizens of such city, town or village, at which hearing citizens may
express their assent or objection to such project. These special tax
bills may include a reasonable construction contingency and an amount not
to exceed twenty percent of the total cost of the improvement to be used
for payment of fees and other expenses, and tax bills may bear interest
not to exceed the rate on ten-year United States treasury notes as
established at the most recent auction; all the tax bills shall become
due and payable sixty days after the date of issue thereof, except in the
case of tax bills payable in installments as herein provided; and, every
special tax bill shall be a lien against the lot or tract or parcel of
land described in said special tax bill for a period of ten years after
date of issue, unless sooner paid, except in the case of special tax
bills payable in installments, the lien of which shall not expire until
one year after the date of maturity of the last installment, and except
in any case where it becomes necessary to bring a suit to enforce the
lien of any special tax bill, the lien of which shall continue until the
expiration of the litigation. Notwithstanding the provisions of this
section, a constitutional charter city may provide for special
assessments for constructing and repairing sidewalks and sidewalk
curbing, and for sewers, and for grading, paving, excavating,
macadamizing, curbing and guttering of any street, avenue, alley, square
or other highway, or part thereof, and repairing the same, upon such
terms, conditions and procedures as are set forth in its own charter or
ordinances. (L. 1959 S.B. 344 § 2, A.L. 1963 p. 145, A.L. 1975 H.B. 220,
A.L. 1984 S.B. 613, A.L. 1985 H.B. 676, A.L. 1999 S.B. 20)

(2004) Special tax bill and resulting lien are not subject to recording
requirements of sections 442.380, 442.390, or 442.400, or to "first in
time, first in right" rule of perfecting a security interest. Golden
Delta Enterprises v. City of Arnold, 151 S.W.3d 119 (Mo.App. E.D.).

1. Any error made in issuing any tax bill may be corrected by the
clerk of the city, town or village who issued it, or his successor in
office, either by interlineations in it, or by issuing a new tax bill in
lieu of the erroneous one, but when a tax bill is corrected by
interlineations the date of making same shall be certified to by the
clerk on the margin or back of the bill.

2. In any action brought on any special tax bill the court may correct
any error in the amount of the tax bill, and in any case where it is
shown that the work done was not as good as required by the contract, the
court may give judgment for the reasonable value of the work chargeable
against the land described in the special tax bill; and in all actions to
enforce any special tax bill the court shall fix and allow a reasonable
attorney fee to the plaintiff's attorney for his services in the
prosecution of said action and tax the same as costs in the proceeding.

3. In all cases where work is done or improvements made and the cost
thereof is assessed as a special tax, any owner of property upon which
such tax is levied may request, and the legislative body of such city,
town or village shall grant, a public hearing to determine whether such
assessment is excessive or is levied at a greater sum than was stated in
the notices required by section 88.812, RSMo. The legislative body is
hereby empowered to adjust or reduce such assessment which is determined
to be excessive or levied at a greater sum than was stated in the
notices. If such adjustments or reductions result in the collection of
special taxes insufficient to pay the costs of work done or improvements
made, the city, town or village may pay the difference between costs
accrued and special taxes collected out of general revenue. (L. 1959 S.B.
344 § 4, A.L. 1975 H.B. 220)

1. Any city authorized to make assessments and issue special tax
bills under section 88.812 may issue assessment notes secured by a
special fund into which the city has deposited the special tax bills, and
the proceeds of any assessment notes issued to fund a reserve, and other
funds to provide additional security for the noteholders as shall be
available for such purposes. A city issuing such assessment notes shall
assign to the special fund for the benefit of the holders or registered
owners of the assessment notes, or to a trustee for the holders or
registered owners of such notes, the special tax bills evidencing the tax
liens provided for in section 88.103. Proceeds from the special tax bills
so deposited shall be used only for the payment of the assessment notes
issued for the particular improvement.

2. Assessment notes issued under authority of sections 88.811 to 88.815
shall be payable solely from the assessments derived or to be derived
from the special tax bills issued for the particular improvement and from
such other funds as deposited in the special fund. No assessment notes
issued pursuant to sections 88.811 to 88.815 shall constitute an
indebtedness of the city, town or village within the meaning of any
constitutional, statutory or charter restriction, limitation or
provision. The face of each assessment note shall state in substance that
the note has been issued under the provisions of sections 88.811 to
88.815, that the general taxing power of the city, town or village
issuing the note is not pledged to the payment thereof either as to
principal or interest and that the note and the interest thereon are
payable solely from the special fund as established pursuant to
subsection 1 of this section.

3. Any city, town or village issuing assessment notes is authorized to
covenant* with the holders of such notes that it will diligently and
faithfully enforce and collect all the special assessments and interest
and penalties thereon arising from the special tax bills and tax liens
deposited into the special fund for the particular improvement; to
foreclose such tax liens so assigned to such special fund or represented
by the special tax bills deposited in the special fund, after such tax
liens have become delinquent, and deposit the proceeds derived from such
foreclosure, including interest and penalties, in such special funds; and
to make any other convenants deemed necessary or advisable in order to
properly secure the holders of such assessment notes.

4. (1) Notwithstanding the provisions of section 108.170, RSMo, all such
assessment notes shall be sold at public sale as provided in subdivision
(2) of this section or shall be sold at negotiated sale if the governing
body of the issuer shall determine a negotiated sale is in the best
interest of the issuer. If the governing body determines it is in the
best interest of the issuer to sell such assessment notes at negotiated
sale, the specific reasons for concluding a negotiated sale is in the
best interest of the issuer shall be recited in the ordinance or
resolution authorizing the negotiated sale.

(2) Notice of the public sale of assessment notes shall contain the
following:

(a) The name of the issuer;

(b) The issue date, maturity dates, amounts to mature on each maturity
date, and interest payment dates;

(c) The time, date and place where bids will be received;

(d) The name, address and telephone number of a person from whom
additional information may be obtained; and may contain additional
information.

(3) Notice of the public sale of assessment notes shall be given by
publication in at least one newspaper of general circulation within the
bounds of the issuer of the assessment notes. Such notice shall be
published not more than twenty-five days nor** less than ten days prior
to the date of assessment note sale. The issuer may provide such
additional notice of the assessment note sale as it deems desirable.

(4) The governing body of an issuer may reject any and all bids received
for assessment notes offered at public sale. If the governing body
rejects such bids, the assessment notes offered may be sold at negotiated
sale at any time within thirty days after the date advertised for the
receipt of bids provided the negotiated sale results in a lower net
interest cost in dollars over the life of the issue to the issuer than
the best bid received at the public sale. (L. 1984 S.B. 613 §§ 1 to 4,
A.L. 1985 H.B. 676)

Effective 6-18-85

The total cost of constructing and repairing sidewalks and
sidewalk curbing, and for sewers, and for grading, paving, excavating,
macadamizing, curbing and guttering of any street, avenue, alley, square,
or other highway, or part thereof, and repairing the same, or for any
other improvement whatsoever authorized by sections 88.497 to 88.663, and
sections 88.667 to 88.773, and sections 80.090 to 80.560, RSMo, and
sections 88.777 to 88.797, and sections 88.811 to 88.861, wherein a
special tax bill shall issue therefor, may be paid in ten annual
installments. In such case the tax bills shall be payable in annual
installments as follows: One-tenth in one year, one-tenth in two years,
one-tenth in three years, one-tenth in four years, one-tenth in five
years, one-tenth in six years, one-tenth in seven years, one-tenth in
eight years, one-tenth in nine years and one-tenth in ten years after the
date of their issue, and tax bills may bear interest not to exceed the
rate on ten-year United States treasury notes as established at the most
recent auction, payable annually, from sixty days after the date of issue
until paid, and shall provide that if any annual installment, or the
interest thereon, is not paid when due, then all of the remaining
installments shall, at the option of the holder of the tax bill, become
immediately due and payable; provided, that the owner of property charged
with the payment of the tax bill, or the owner of any interest therein,
shall have the privilege of paying the whole of any tax bill in full at
any time, or on any annual installment payment date of paying in full one
or more of the remaining installments not of maturity date. (L. 1959 S.B.
344 § 5, A.L. 1984 S.B. 613, A.L. 1985 H.B. 676)

Effective 6-18-85

The clerk shall on completion of all special tax bills enter an
abstract thereof in a special book provided for that purpose. Said
abstract shall recite the date of the tax bill, the name of the property
owner and of the person in whose favor it is issued, and a description of
the property subject to the lien, and the street upon which it abuts,
amount of the tax bill, and the character of the improvement for which it
is issued. When any tax bill is assigned, the assignment shall be noted
thereon, and the assignee shall exhibit the same to the city clerk, who
shall, on the margin of said tax bill, appropriately note the assignment.
The party liable to pay the tax bill may either pay the owner of the tax
bill, or he may pay the amount of the tax bill to the collector of the
municipality, who shall accept the money and make out duplicate receipts
therefor, one of which he shall deliver to the person so paying the tax
bill and the other he shall file with the clerk of the municipality. And
thereupon the clerk shall note the filing of the receipt on the margin of
the abstract of the tax bill, and shall mark the latter "canceled", and
shall affix his name to the cancellation, with the date thereof. The
cancellation shall have the effect to extinguish all liability or right
of action on the tax bill. The collector, on the presentation to him of
the tax bill by its owner, shall pay to him the amount thereof, taking
duplicate receipts therefor, one of which he shall file with the clerk,
who shall note it on the margin of the abstract of the tax bill, and the
other the collector shall retain. The collector shall be liable on his
bond for said collections, and shall be paid two percent thereof for his
services. (L. 1959 S.B. 344 § 6)

After the city has entered into a contract for construction of
the improvements, in accordance with the contract for same, the engineer
or other official in charge of the improvement shall compute the cost
thereof, and apportion the cost among the tracts of land chargeable
therewith, charging each tract of land with its proportionate part of the
costs, and shall make a written report to the governing body of the
municipality describing each tract of land chargeable with a part of the
cost of the improvement, and the amount with which it is chargeable. If
the governing body of the municipality approves the report, which
approval may be made by a motion duly adopted, then the clerk shall
immediately thereafter issue and deposit the special tax bills into a
special fund as authorized by section 88.815, or, if appropriate, shall
hold such special tax bills for delivery to the contractor upon
completion of the project in payment for the work in accordance with the
engineer's report, which tax bill shall be signed by the clerk and under
the corporate seal of the municipality. Each tax bill shall in substance
contain a brief general statement of the facts authorizing its issue, the
amount for which it is issued, a description of the land against which it
is issued, the name of the contractor to whom it is issued, the rate of
interest which it bears, and when it begins to bear interest, and shall
state that it is a special lien against the land therein described, and
give the time that the lien continues. It need not give the name of the
owner of the land against which it is issued. (L. 1959 S.B. 344 § 7, A.L.
1985 H.B. 676)

Effective 6-18-85

Before the governing body of the municipality shall make any
contract for building bridges, sidewalks, culverts or sewers, or for
paving, macadamizing, curbing, guttering or grading any street, avenue,
alley or other highway, or building any other improvements authorized
herein, an estimate of the cost thereof shall be made by the engineer or
other proper officer or person designated by ordinance and submitted to
the governing body of the municipality, and no contract shall be entered
into for any work or improvement for a price exceeding the estimate;
provided, that no estimate shall be required for the making of any local
or special repairs. (L. 1959 S.B. 344 § 8)

Whenever the governing body of the municipality shall advertise
for bids for the construction of any new sidewalk of any kind, or for the
construction of new sidewalks in the place of sidewalks condemned, or
whenever the city, town or village shall advertise for bids for paving,
macadamizing, guttering, curbing, or otherwise improving any street,
avenue, alley or other highway or any part thereof, and shall receive no
bids therefor, the city, town or village may proceed to construct or
reconstruct any sidewalks, or pave, macadamize, gutter, curb or otherwise
improve any street at its own expense, and shall keep an accurate account
of the amount expended for labor and material, including grading and
filling, opposite each lot or piece of ground, and present the same to
the governing body of the municipality for assessment, and each lot or
piece of ground abutting on the sidewalk, constructed or reconstructed,
or other street improvement made, shall be liable for the costs thereof,
as reported to the governing body of the municipality by the officer or
committee having charge of the matter, and special tax bills shall be
issued for the amount thereof, payable to the municipality, against each
lot or piece of ground for the amount for which it is liable. In making
the assessment there may be as many assessments included in one ordinance
as there are lots or pieces of ground reported as having received
resulting benefits from the improvement. The special tax bills payable to
the city shall be as valid in all respects as other tax bills provided
herein, and where any tax bill has been assigned the municipality shall
not in any event be liable for any cost that may accrue in any court
action brought in the name of the municipality to the use of the holder
thereof, nor shall the municipality be liable for the amount of any tax
bill after the same is so assigned. (L. 1959 S.B. 344 § 9)

The governing body of any municipality may, by ordinance, include
in the special assessment for the paving, macadamizing or constructing
sidewalks on any street, avenue or alley the cost of bringing to the
established grade said street, avenue or alley, or part thereof, proposed
to be improved; provided, that the resolution declaring the paving and
macadamizing necessary to be done shall also declare that the street,
avenue or alley, or part thereof, shall be brought to the established
grade, and that the cost thereof shall be included in the special
assessment for paying for the paving or macadamizing. (L. 1959 S.B. 344 §
19)

The governing body of any municipality shall have power to cause
a general sewer system to be established, which shall be composed of four
classes of sewers, to wit: public, district, joint district, and private
sewers. Public sewers shall be established, along the principal courses
of drainage, at such time, to such extent, of such dimensions, and under
such regulations as may be provided by ordinance. These may be extensions
or branches of sewers already constructed or entirely new throughout, as
may be deemed expedient. The municipality may levy a tax on all property
made taxable for state purposes over the whole municipality to pay for
the constructing, reconstructing and repairing of the work, which tax
shall be called "special public sewer tax" and shall be of the amount as
may be required for the sewer provided by ordinance to be built; and the
fund arising from the tax shall be appropriated solely to the
constructing, reconstructing and repairing of the sewer. (L. 1959 S.B.
344 § 10)

District sewers shall be established for the districts created to
be prescribed by ordinance, and shall connect with public, or other
district or joint district sewers or with a natural course of drainage,
as each case may be, and may be constructed with the main branch or
discharge pipe wholly within or beyond the boundary of the district as
the council shall determine. The district may be subdivided, enlarged or
changed by ordinance at any time previous to the construction of the
sewer therein; and more than one district sewer may be laid in a sewer
district if deemed necessary by the governing body of the municipality
for sanitary or other purposes. The governing body shall cause sewers to
be constructed in each district whenever a majority of the property
holders shall petition therefor, or whenever the governing body shall
deem the sewers necessary for sanitary or other purposes, and the sewer
shall be of such dimensions and materials as may be prescribed by
ordinance and may be changed, enlarged or extended, and shall have all
the necessary laterals, inlets, catch basins, manholes and other
appurtenances. (L. 1959 S.B. 344 § 11, A.L. 1982 S.B. 646)

After the city has entered into a contract for construction of
the district sewer improvements, the engineer or other officer having
charge of the work shall compute the whole cost thereof and shall
apportion the same against the lots or tracts of ground in the district,
exclusive of the public highways, and the officer shall report the same
to the governing body of the municipality by bill or otherwise, and the
governing body shall therefore levy and assess a special tax by ordinance
against each lot or piece of ground within the district; whereupon the
clerk shall make out a certified tax bill under the seal of the city,
town or village of the assessment against each lot or piece of ground
within the district in the name of the owner thereof. Said certified tax
bills shall be signed by the mayor and attested and recorded by the clerk
and shall be delivered to the contractor in payment for the work upon
completion of the project or deposited into a special fund as authorized
by section 88.815, as appropriate. (L. 1959 S.B. 344 § 12, A.L. 1985 H.B.
676)

Effective 6-18-85

Joint district sewers may be constructed by the municipality
wherever it may deem it necessary that a sewer shall be constructed in
any part of the city, town or village containing two or more sewer
districts. In such case it may, by ordinance, unite the sewer districts
into a joint district sewer and cause a sewer to be constructed therein
in like manner and in all respects as is provided in the case of district
sewers; except in cases of joint district sewers, the city, town or
village may, if deemed proper, provide in the ordinance creating the
joint district sewer, that the municipality shall pay a certain
proportion to be specified in the ordinance, of the cost of the joint
district sewer. The cost of constructing the joint district sewer, except
the amount, if any, specified in the ordinance, to be paid by the
municipality, shall be assessed and paid in special tax bills against the
property included in the joint sewer district, the same as is provided in
the case of district sewers. (L. 1959 S.B. 344 § 13)

1. Private sewers connected with the public, district or joint
district sewers may be constructed under such restrictions and
regulations as the governing body of the municipality may prescribe by
general ordinance; but the municipality shall be at no expense in the
construction, repairing or cleaning of the same, or for any damage that
may arise from their construction.

2. The municipality shall incur no liability for building district or
joint district sewers other than in the manner provided in section
88.838, except when the city, town or village is the owner of a lot of
ground within the district or joint sewer district, and in such case the
said municipality shall be liable for the cost of said sewer in the same
manner as other property owners within the district. The repair, cleaning
and other incidental expenses of district and joint district sewers shall
be paid out of the general appropriation for that purpose.

3. Whenever the governing body of the municipality shall deem it
necessary to run any sewer through private property, the governing body
shall have power to condemn the same, or so much thereof as may be
necessary in the opinion of the governing body of the municipality for
that purpose, in the same manner that other private property may be
condemned within the city, town or village for public uses, and should
any sewer be laid through or on private property without the right
therefor having been first obtained by said municipality, the contractor,
or any person interested, may compel said city, town or village to
exercise its right of condemnation by mandamus or other appropriate
remedy. (L. 1959 S.B. 344 § 14)

The governing body of the municipality shall have power to
condemn private property for use, occupation or possession in the
construction and repair of sewers, in the same manner as other property
is condemned for public uses. (L. 1959 S.B. 344 § 15)

All special tax bills issued under the provisions of sections
88.832 to 88.852 for sewers shall be as valid in all respects whatever as
the other special tax bills provided for herein and shall be collected in
the same manner, containing the same provisions as provided for in
sections 88.812 to 88.818 and 88.854. (L. 1959 S.B. 344 § 16)

Whenever the municipality advertises for bids for the
construction of a new district sewer, as provided by law, and receives no
bids therefor, the municipality may proceed to construct the sewer at its
own expense and shall keep an accurate account of the amount expended for
labor and materials used. As soon as the district sewer has been
completed the engineer or other officer having charge of the work shall
compute the whole cost thereof and apportion the same against the lots,
tracts or parcels of ground in proportion to the area of the whole
district, exclusive of public highways, and the officer shall report the
same to the governing body of the municipality by bill or otherwise. The
clerk shall issue tax bills, payable to the municipality, against each
lot, tract or parcel of ground for the amount for which it is liable. And
when the tax bill made payable to the city, town or village is assigned,
the municipality shall not be liable thereon in any court action in any
manner as provided in section 88.826. (L. 1959 S.B. 344 § 17)

The cost of constructing all sewers, including the erection of
all necessary disposal plants, in and for any district where such sewers
were constructed by assessment against the property of the district shall
be paid for wholly in special tax bills against the lands embraced within
the district, exclusive of public highways, streets and alleys, in
proportion to the area of each tract. The boundaries of no sewer district
that has been paid for wholly by special tax bills shall be altered or
changed after any sewer has been constructed in and for the same. (L.
1959 S.B. 344 § 18)

All special tax bills herein authorized shall be assignable and
collectible in any action brought in the name of the city, town or
village to the use of the holder thereof; but the municipality shall not
in any event be liable for any cost that may accrue in the action. The
special tax bills shall, in any action thereon, be prima facie evidence
of the regularity of the proceedings for the special assessment, of the
validity of the bill, of the doing of the work and of the furnishing of
the materials charged for, and of the liability of the property to the
charge stated in the bill. (L. 1959 S.B. 344 § 3)

Any action brought to enforce and foreclose the lien of any
special tax bills provided for herein and all questions relating thereto
shall be tried by the court. (L. 1959 S.B. 344 § 20)

No special tax bill need give the name of any party owning or
interested in any land charged and bound by the lien; and before suit the
owner of any part in severalty, or of any undivided interest in any land
charged by any tax bill, may pay his share separately, in which case his
part or interest shall not be further liable in case of suit. All or any
of the owners of the land charged, or of any interest or estate therein,
may be made defendants in any suit, but only the right, title, interest
and estate of the parties made defendant in any suit shall be affected or
bound thereby, or by the proceedings therein. In case any owner of the
land, or of any interest therein, shall be unknown, or a nonresident of
the state, suit under this section may be brought against the owner
separately or together with others, and the unknown or nonresident owner
may be proceeded against and charged by giving notice, either by
publication in a newspaper or otherwise, as in suit in the circuit court
to enforce any other lien on land in the county. Every tax bill, and the
lien thereof, shall be assignable, and any assignee may sue in his own
name. It shall be sufficient for the plaintiff, in any suit on the
special tax bill, to plead the making of the tax bill sued upon, giving
the date and contents thereof, and the assignment thereof, if any, and to
allege that the party or parties made defendant own, or claim to own, the
lands charged, or some estate or interest therein, as the case may be,
and to file the tax bill in suit. Special tax bills against different
lots or parcels of land, owned by the same party or parties made
defendant, may join in one suit; but a separate judgment on each tax bill
shall be rendered, and execution shall be issued accordingly. (L. 1959
S.B. 344 § 21)

In any suit for the foreclosure of a special tax lien, the
judgment shall be special, that the plaintiff recover the amount found
due, including interest, together with the costs, including a reasonable
attorney fee, to be levied and made on the land described in the tax bill
or liable for the special tax, and a special execution shall issue to
sell the land to pay any judgment, interest and cost. The judgment,
exclusive of costs, shall bear interest at the same rate as the special
tax. The suits may be brought in any court of competent jurisdiction.
Proceedings on special executions on the judgment shall, including the
making of the deeds to purchasers, conform, as far as practicable, to
proceedings on other special executions from the circuit court. Every
special judgment shall bind all the right, title, interest and estate in
the land that defendants, and each of them, own at the time that the lien
of the special tax commenced or acquired afterward, and a sale on
execution thereof shall vest all right, title, interest and estate in the
purchaser; but parties interested in the land not made defendants shall
not be affected thereby, and if they claim through or under any party
defendant by right acquired before the suit was brought, may redeem from
the purchaser or otherwise assert their rights according to equity and
good conscience. (L. 1959 S.B. 344 § 22)

Every city in this state that now has or may hereafter have a
population of less than thirty thousand inhabitants (that is now or may
hereafter be incorporated and operating under the general statutes or
special charter) shall have and is hereby given the power regarding
sidewalks along any of the streets, avenues or other highways within such
city, as provided in sections 88.863 to 88.913. (RSMo 1939 § 7537)

Prior revisions: 1929 § 7383; 1919 § 8791; 1909 § 9647

1. The term "approaches" or "sidewalk approaches" as used in
sections 88.863 to 88.913 shall be understood to mean the extension of
sidewalks at corner lots from the property line each way to the street
curb line, and being in fact the connection across the parkway or
intervening space between the corner of the property and the crossing in
the street.

2. The words "city clerk" shall be construed to mean the officer of any
city who performs the duties appertaining to the office of clerk or
record keeper of such city, whether he be known as city clerk or by any
other title.

3. The words "city council" as used in sections 88.863 to 88.913 shall in
all cases be construed to mean the legislative or governing body of any
city, whether it be known by that or any other title.

4. The words "city engineer" and the words "street commissioner" shall be
construed to mean any person appointed, authorized or employed by the
city council to exercise and perform the duties and functions commonly
appertaining to such officers. (RSMo 1939 §§ 7538, 7545)

Prior revisions: 1929 §§ 7384, 7391; 1919 §§ 8792, 8799; 1909 §§ 9648,
9655

The city council may, by ordinance, regulate the building,
construction, reconstruction or repair of sidewalks, and may adopt plans
and specifications for sidewalks and parkways, which parkways shall
include all of the space between curbstone and the building or property
line, or any space in the center of a street which may be set aside as a
parkway, and prescribe and require certain materials to be used, and the
manner and form of doing said work, including the kind of shade trees to
be planted and the manner of their care and preservation. (RSMo 1939 §
7539)

Prior revisions: 1929 § 7385; 1919 § 8793; 1909 § 9649

CROSS REFERENCE: Sidewalks to have wheelchair ramps, when required, RSMo
71.365

The city council may, by ordinance, condemn any sidewalk which
they may deem to be in a dangerous or defective condition or out of
repair, or any sidewalk which is not located upon the established grade
and line for sidewalks (on the street on which it is located, as provided
by the ordinances of said city), or any sidewalk which does not conform
to the specifications and requirements for sidewalks in said city, as
provided by the ordinances of said city, and to provide for the removal
of any sidewalk so condemned. (RSMo 1939 § 7540)

Prior revisions: 1929 § 7386; 1919 § 8794; 1909 § 9650

The city council may, by ordinance, provide that the owner of any
lot or tract shall build and construct, or rebuild or reconstruct or
repair, a sidewalk lying along and adjacent to his said property, and may
require said owner to grade, fill or park that portion of the street
lying between the property line and the street curb line, and to build
approaches as defined in section 88.867, and may provide for the serving
of notice to do said work by delivering a written order to said property
owner, or his representatives, or by publication, and may provide, by
ordinance, that any person who shall, after having been notified as
above, fail, neglect or refuse to comply with said order, shall be guilty
of an offense, and shall be punished by a fine of not less than five nor
more than one hundred dollars for each offense. (RSMo 1939 § 7541)

Prior revisions: 1929 § 7387; 1919 § 8795; 1909 § 9651

1. The city council may, by ordinance, provide for the building
of any sidewalk or for the rebuilding and reconstruction of the same,
including grading and filling therefor, and including the removal of any
obstructions, and including approaches (as defined in section 88.867) at
corner lots, and including the grading or parking of that portion of the
street lying between the property line and the street curb line, by
contract, and levy a special assessment against each lot or tract along
which such work is done, for the cost thereof, as provided in section
88.890; provided, however, that no such contract shall be let until the
plans and specifications for said work have been adopted by ordinance
(provided that such adoption may be by reference to general plans and
specifications, which have already been adopted by ordinance by said
city).

2. And no contract shall be let until an advertisement for bids for the
doing of said work has been published in at least one issue of a weekly
newspaper or at least two consecutive issues of a daily newspaper,
published in said city, or if there be no paper published in said city,
in some newspaper published in the county in which said city is located,
and the date for the opening of said bids shall be at least ten days
after the date of the first publication of said advertisement for bids;
and provided further, that before the said bids are opened, the city
engineer, or other proper person designated by ordinance by the city
council, shall prepare and file an estimate showing the estimated
quantities of grading, filling and of the various materials required for
the sidewalk in front of each separate lot, tract or parcel of ground,
and an estimate of the cost of said work per cubic yard or per square
yard, as the case may be, and an estimate of the cost of the removal of
any obstruction; and no contract shall be let for a price in excess of
the said estimate of the cost.

3. After the bids are opened by the city council, the said city council
shall let the contract for said work to the lowest and best responsible
bidder, and in case there are no bids received, or that all bids are
rejected for any reason, the city council may readvertise for bids for
said work, or may, by ordinance, order and require the city engineer or
other proper person to build and construct said sidewalk or do the other
work as herein contemplated, according to the specifications adopted
therefor (provided, however, that the cost of said work shall not exceed
the estimate of the city engineer previously filed), keeping an accurate
account of the cost of the separate items thereof, and the city council
shall pay for the labor and material and all other costs of said work out
of any funds which they may have on hand available for such purpose; and
at the completion of said work (either by contract or by the city, as
last provided) shall levy the cost thereof as a special assessment
against the lot, tract or parcel of ground along which each of said
sidewalks or other improvements is made in the manner as provided in
section 88.890. (RSMo 1939 § 7542)

Prior revisions: 1929 § 7388; 1919 § 8796; 1909 § 9652

The city council may, by ordinance, provide for the repairing or
reconstruction of any sidewalk by the city engineer or other proper
person designated in said ordinance, paying the cost thereof as provided
in section 88.880, and may assess and levy the cost thereof as a special
assessment, as in sections 88.863 to 88.880 provided. (RSMo 1939 § 7543)

Prior revisions: 1929 § 7389; 1919 § 8797; 1909 § 9653

1. The city council of any city coming within the purview of
sections 88.863 to 88.913 may, when deemed necessary or expedient, divide
said city or any portion thereof into sidewalk districts, by ordinance,
and may adopt plans and specifications for the building of all sidewalks
within said district or districts, and may advertise for bids and award a
contract to the lowest and best responsible bidder for the building and
construction of all sidewalks which may be ordered built by the city
council within said district for the next ensuing year. Said
advertisement for bids shall be published in at least one issue of a
weekly newspaper or at least two consecutive issues of a daily newspaper
published in said city, or if there be no newspaper published in said
city, may be published in any newspaper within such county in which said
city is located.

2. And before the bids are opened or any contract let, the city engineer,
or other proper person designated by the city council, by ordinance,
shall prepare and submit to the city council an estimate of the cost of
said sidewalk, including approaches, grading and parking, material, etc.,
which estimate shall be the price per cubic yard or square yard, as the
case may be, for the finished improvement; and no contract shall be let
for a price in excess of said estimate. And the cost of all sidewalks,
approaches, parking or other improvement herein contemplated shall be, on
their completion, levied as a special assessment against the lot, tract
or parcel of ground along and in front of which said improvement is made,
as provided in section 88.890. (RSMo 1939 § 7544)

Prior revisions: 1929 § 7390; 1919 § 8798; 1909 § 9654

The cost of any of the work or improvements contemplated in
sections 88.863 to 88.913 that are made and done either by contract or by
the city engineer or other proper person acting for the city as above
provided in section 88.883 (except the cost of condemnation and removal
of sidewalks, which shall be paid by the city) shall be levied as a
special assessment against the lot, tract or parcel of ground along and
in front of which said improvement is made; and the cost of the
approaches, as defined in section 88.867, shall be levied as a special
assessment against the corner lots which said approaches abut and connect
with. And said assessment shall be levied by ordinance, in which
ordinance shall be set out separately the number and title of the
ordinance under authority of which the work will be done, a separate
description of each lot, tract or parcel of ground assessed, the name of
the owner thereof, the number of front feet therein abutting on said
improvement, the separate items of cost of said improvement and the total
amount thereof; and said assessment ordinance shall further provide for
the making out of tax bills by the city engineer, or other proper person
therein designated, in evidence of said assessments, payable to the
contractor doing the work, and for the delivery of said tax bills in
payment for said work, or if the work was done by the city engineer or
other person acting for the city as provided in sections 88.863 to
88.887, the tax bills shall be made payable to such engineer or other
person and for and to the use of the city, and shall be collected the
same as other tax bills. (RSMo 1939 § 7546)

Prior revisions: 1929 § 7392; 1919 § 8800; 1909 § 9656

A separate tax bill shall be issued against each lot or tract
against which an assessment has been made, and shall state therein the
name of the owner of record of the lot or tract assessed, an adequate
description of said lot or tract, the number of front feet therein
abutting on the improvement, the number of the improvement ordinance
under which the work was done, and the number of the assessment ordinance
under which the tax bills are issued, the different items of improvement
and total cost thereof; and shall be payable to the contractor doing the
work, or to the city engineer or other person to and for the city, as the
case may be. Said tax bills shall be due in thirty days after the date of
issue thereof, and may bear interest as provided by ordinance, after said
thirty days, at a rate of not to exceed eight percent per annum. (RSMo
1939 § 7547)

Prior revisions: 1929 § 7393; 1919 § 8801; 1909 § 9657

Any and all real property shall be liable for the cost of the
improvements contemplated in sections 88.863 to 88.913, as above
provided, whether owned by a person, a company, a corporation, a railroad
corporation or company, a church, a charitable institution, educational
institution, eleemosynary institution, cemetery or cemetery association,
or any other institution or association whatever, except real estate
owned by the state of Missouri or by any state institution, or by the
United States, or by any county, township or city, and the tax bills so
issued on any and all property, except those last named and excepted,
shall be and constitute a first and prior lien against the property
described therein, and second only to the lien of state, county and city
taxes, and said lien shall continue for a period of three years after the
maturity of each or any of said tax bills, or until the final
determination of any legal proceedings to collect the same. (RSMo 1939 §
7548)

Prior revisions: 1929 § 7394; 1919 § 8802; 1909 § 9658

Any real estate owned by the state of Missouri or by state
institutions, or owned by any county, township or city, shall be liable
for the cost of any of the improvements contemplated and provided for in
sections 88.863 to 88.913, the same as other property, and an assessment
shall be made thereon and tax bills issued in the same manner as tax
bills against other property provided for in section 88.897, and said tax
bills shall be a valid and subsisting claim against such state, state
institutions, county, township or city, the same as any other debt or
demand against such state, state institution, county, township or city,
and shall be paid for out of funds appropriated by them for such
purposes, and shall bear interest at the rate of not to exceed eight
percent per annum from thirty days after the date of issue until paid.
(RSMo 1939 § 7549)

Prior revisions: 1929 § 7395; 1919 § 8803; 1909 § 9659

Any special tax bills issued under the provisions of sections
88.863 to 88.913 shall, in actions thereon, be prima facie evidence of
the regularity of the proceedings for such special assessment, of the
validity of the bill, of the doing of the work, and of the furnishing of
the materials charged for, and of the liability of the property to the
charge stated in the bill. (RSMo 1939 § 7550)

Prior revisions: 1929 § 7396; 1919 § 8804; 1909 § 9660

All of the tax bills, as provided in sections 88.863 to 88.913,
shall be certified as correct by the city engineer or other person who
has made the computation under authority of the city council, and shall
be signed by the mayor, attested by the city clerk under the seal of the
city. (RSMo 1939 § 7551)

Prior revisions: 1929 § 7397; 1919 § 8805; 1909 § 9661

All such tax bills shall be recorded by the city clerk in a book
kept by him for such purpose before the delivery of said tax bills. And
said city clerk shall release said tax bills on the margin of the record
thereof, upon presentation of the tax bills duly marked "paid" by the
holder or assignee, or upon presentation of other suitable evidence that
such tax bill has been paid in full. (RSMo 1939 § 7552)

Prior revisions: 1929 § 7398; 1919 § 8806; 1909 § 9662

In any suit or proceedings to enforce the collection of any
special tax bill issued under the provisions of sections 88.863 to 88.910
it shall only be necessary for the owner thereof to charge in the
petition that such amount is due by the defendant to the plaintiff for a
certain improvement made by virtue of certain ordinances, giving their
title and date of adoption; provided, that nothing in said sections shall
be so construed as to prevent any defendant from pleading and proving in
reduction of any bill any mistake or error in the amount thereof, or that
the work therein mentioned was not done in a good and workmanlike manner;
and provided further, that if any party shall plead any mistake or error
in the amount of the bill, or that the work was not done in a workmanlike
manner, and that such party, before the commencement of the suit,
tendered to the contractor, or holder of the bill, the full value of the
work done, and shall establish the same on the trial, the recovery shall
only be in the amount so tendered, and judgment for costs shall be
rendered against the plaintiff; provided further, that if it be pleaded
and proved that the work for which the bill was issued was not done
according to the terms of the contract made by the contractor with the
city, then the plaintiff or plaintiffs shall recover thereon only the
actual value of the work done, with interest at six percent from date, if
of any value; and if not of any value, the judgment shall be for the
defendant. No suit for the collection of any tax bill shall be defeated
or affected by any irregularity affecting any other bill, or matter
rendering any other bill invalid in whole or in part; provided further,
that if at any time it is found that there has been any error in the
issuance of any tax bills or in any assessment, or in the mode or manner
of any assessment, the same shall be corrected and a reassessment made
(if necessary to correct the mistake) by the proper officials, and said
reassessment shall be as binding and in all respects the same as if no
previous assessments had been made or tax bills issued. (RSMo 1939 § 7553)

Prior revisions: 1929 § 7399; 1919 § 8807; 1909 § 9663

Every city now having or which may at any time hereafter have a
population of three hundred thousand inhabitants or over shall have at
all times the power to establish the grade and change the grade already
established, of any street, alley, avenue, public highway or public
place, or any part thereof, as often as it may be deemed best for the
public interest, and to cause the same or any part thereof to be graded
to the established grade or to any change thereof; provided, however,
that when a change 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 been established, the two houses of legislation of such city
shall by resolution declare the work of improvement to be necessary, and
cause such resolution, or the substance thereof, to be published in the
newspaper doing the city printing, for ten days, Sundays included; and
unless the resident owners of the city who shall own the majority in
front feet of all the lands belonging to such residents fronting on the
street, alley, avenue, public highway, public place, or part thereof to
be improved, shall, within thirty days after the first day of the
publication of such resolution, file with the city register their
remonstrance against the proposed change, then the two houses of
legislation of such city shall have power by ordinance to cause the
proposed change to be made; provided further, however, that when the
charter of any such city shall require that such resolution or ordinance
shall, before being passed, be recommended by a board of public
improvements, or other authority of such city, then the same shall,
before being passed, be recommended as therein required. If the
remonstrance of the resident property owners above mentioned shall be
filed with the city register, as herein provided, the power of the two
houses of legislation to make the proposed change in the grade of such
street, alley, avenue, public highway or public place, or any part
thereof, shall cease until a sufficient number of the persons so
remonstrating or their grantees shall, in writing, withdraw their names
or the property represented by them from such remonstrance, so that said
remonstrance shall cease to represent a majority of the resident owners
as above provided, when the two houses of legislation may again proceed
in the manner above mentioned. (RSMo 1939 § 7713)

Prior revisions: 1929 § 7565; 1919 § 8975; 1909 § 9827

When the property owners to be disturbed or damaged by the
grading, regrading, or other change of any street, alley, avenue, public
highway, public place, or any part thereof, are lawfully entitled to
remuneration or damages under the Constitution of the state of Missouri,
and shall not have waived all right or claim thereto, the ordinance which
shall order the grading or regrading of any such street, alley, avenue,
public highway or public place, or any part thereof, shall also prescribe
and determine the limits within which private property is benefited by
the proposed grading or regrading. (RSMo 1939 § 7714)

Prior revisions: 1929 § 7566; 1919 § 8976; 1909 § 9828

Whenever any suit shall be commenced in any city of this state
now having, or which may hereafter have a population of three hundred
thousand or more inhabitants, on any special tax bill to enforce the
payment or the lien thereof, the party or parties plaintiff shall, within
ten days after the commencement of such suit, file with the comptroller
or other officer of such city, in whose office the record of such special
tax bills is required to be kept, a written notice setting forth when and
in which court such suit was brought; and the comptroller or such other
officer shall immediately note such facts on the record of such tax bill.
(RSMo 1939 § 7735)

Prior revisions: 1929 § 7587; 1919 § 8997; 1909 § 9848

The lien of every such tax bill shall cease, end and determine in
two years after said tax bill, or the last installment thereof, if the
same be payable in installments, shall have become due and payable,
unless suit shall have been brought on such tax bill, and notice of such
suit, as required in section 88.923, shall have been given and filed
within that time. If within said time no such suit was brought, or if
within said time no such notice of suit shall have been filed, the tax
bill shall be presumed to have been paid, and the comptroller, or other
proper officer, shall make an appropriate entry on the record of the tax
bill in his office that the lien thereof has expired by lapse of time.
(RSMo 1939 § 7736)

Prior revisions: 1929 § 7588; 1919 § 8998; 1909 § 9849

1. Whenever a city which now has or may hereafter have more than
one hundred and fifty thousand inhabitants and less than five hundred
thousand inhabitants, whether organized under general law or special
charter of the provisions of section 19 of article VI of the constitution
of this state, shall, by ordinance, deem it necessary to take and condemn
or damage any private property for a public use of said city, it may
adopt the same procedure for such taking and condemning or damaging as is
prescribed in the general laws of the state for the appropriation and
valuation of lands taken for telegraph, telephone, gravel and plank or
railroad purposes, being chapter 523, RSMo. Upon paying to the clerk of
the circuit court the amount of damages awarded, the city shall have the
right, notwithstanding the filing of exceptions to such award, to enter
upon and take possession of the property so taken and condemned, and to
proceed with the public improvement, or in the case of damage only, to
proceed with the public improvement, and any subsequent proceeding shall
only affect the amount of compensation to be allowed.

2. The method or procedure provided for in this section shall be
construed to be an additional remedy for the benefit of the cities
mentioned in said section, and not as in any way affecting or repealing
the provisions of any existing law. (RSMo 1939 §§ 7684, 7685)

Prior revisions: 1929 §§ 7536, 7537; 1919 §§ 8947, 8948; 1909 §§ 9799,
9800

(1998) A municipality's general statutory authority to condemn private
property is not sufficient to condemn property devoted to prior public
use for another public use which will destroy, impair or interfere with
such prior use. Smithville v. St. Luke's Northland Hospital, 972 S.W.2d
416 (W.D.Mo.).

All city improvements of whatever kind or character, including
the erection of all public buildings made or to be erected at the expense
of any constitutional charter city having more than seventy-five thousand
and less than eighty thousand inhabitants, except where otherwise
provided herein, shall be let by contract to the lowest and best bidder,
and shall be prescribed by ordinance; provided, that nothing in this
section shall be so construed as to prevent the repair, by day's work, of
boulevards, streets, sewers, culverts, buildings or other city property,
so far as may be necessary for the preservation thereof; and provided
that nothing in this section shall be construed to prevent the city from
specifying by ordinance the kind and character of materials and the kind
and character of labor to be used by contractors making city improvements
and the maximum hours that the labor shall work thereon and the minimum
wages that shall be paid the labor. (L. 1963 p. 145 § 1)

1. Any city located within a first class county not having a
charter form of government and any city having a population of at least
eighty thousand, but not more than two hundred thousand, located within a
first class county having a charter form of government which county
contains a portion of a city having more than four hundred thousand
inhabitants may establish special benefit parking districts to provide
for the acquisition, improvement and all costs incident thereto, and
maintenance of off-street parking facilities.

2. Whenever, upon petition of the owners of fifty-one percent of the
assessable square feet of the property to be included in such district,
the governing body of any city deems it necessary to condemn or
appropriate private property and to assess the cost thereof against
property in a benefit district, the governing body shall enact an
ordinance setting forth the general nature or purpose of the use to which
such private property is to be put, declaring it to be necessary to take
and appropriate private property therein described for such purpose, and
defining the limits of a benefit district within which private property
shall be deemed benefited or assessed to pay for the property acquired by
condemnation, the improvement and all cost incident thereto, and the time
and mode of payment of such assessment and the penalty for failure to pay
the same when due.

3. Upon enactment of the ordinance prescribed in subsection 1 of this
section, the governing body of the city shall proceed with the
establishment of the benefit district as prescribed in sections 88.010 to
88.070, and the cost of improving any property acquired through that
procedure shall be apportioned in the same manner and along with the
costs of such acquisition. (L. 1965 p. 215 §§ 1, 2, A.L. 1973 H.B. 638)

Usa-missouri Law Firm / Lawyers Services Provided in Usa-missouri :

Usa-missouri Divorce Laws, custody, Usa-missouri Corporate Lawyers, Agreement, provident fund, Registered marriage, Court marriage Lawyers, Special/ Foreign marriage, Incorporation of company, Rent, eviction, tenancy, Lease Lawyers, Usa-missouri Labour laws, Appeals, Supreme Court Lawyers, High Court Lawyers, Bail, medical, negligence, Insurance claims/ accidents Lawyer, Usa-missouri Citizenship/ immigration Lawyers, Copyright Laws, Consumer, district Lawyer, State, national, Dowry, Wills & Probate, Trust & Estates Lawyers, Intellectual Property Lawyer, Bankrupt Lawyers, Banking & Finance, Corporate, Private Business Law, Recovery, Joint Venture & Mergers, Consumer, Civil Right Law Usa-missouri, Medical Negligence, Medical Malpractice, legal notice, summons, Income Tax Lawyers, sales, Custom Law, Excise Law, octroi, cess Civil, Criminal Solicitor Usa-missouri, Registration of property, Title search, mutation relationship, Conveyance, Transfer of Property Law, Usa-missouri Property lawyer, deeds, drafts, power of attorney, Recovery, Taxation Laws in Usa-missouri

LEGAL SERVICES

Add Lawyer
Legal Enquiry
Find a Lawyer
Bare Acts / India Codes
Statutes / Code

LAWYER BY LOCATION

India Lawyer
United State Lawyer
UAE Lawyer
Canada Lawyer
Find More...

LAW PRACTICE AREA

Business Law
Employment & Labor Law
Govt. Agencis & Taxtion
Family Law
Real Estate Property Law
Immigration Law

ABOUT HELPLINELAW

About Us
Contact Us
Services
Site Map
Recommend to Friends

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice in India abroad regarding their individual legal, civil criminal issues or consult one of the experts online.