840 N. Boonville Ave. Springfield, MO, 65802 417.864.1000 www.springfieldmo.gov

Charter: Article X
Public Improvements (cont.)

Section 10.7. Finding of council to be conclusive

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 improvements or part thereof proposed to be made, have not filed with the city clerk a valid protest against such improvement, such finding and declaration shall be conclusive, after the execution of the contract for said improvement, and thereafter no special tax bill or special assessment shall be held invalid for the reason that a protest sufficiently signed was filed with the city clerk. All county or other public property and all cemeteries and tax exempt properties and railroad rights of way shall, for the proportionate frontage, be subject to the liens of the special tax bills authorized by this Charter.

Approved by vote of the people November 8, 1955.

Section 10.8. Intervening street connections

Whenever the council determines it to be necessary and proposes to pave, macadamize, curb, gutter, grade, or construct sidewalks thereon or otherwise improve the roadway or street or avenue for a distance of 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 on other streets or avenues or on the same street or avenue and another street or avenue, the council shall cause the same proceedings to be followed as in other improvements.

In the event a remonstrance is filed against such proposed improvement which would be valid and a good and sufficient remonstrance in the case of all other improvements, the council may set the matter down for public hearing and hold such hearing and at the conclusion thereof the council may, by a vote of two-thirds of its total membership or by the unanimous vote of all the members present, whichever is the least, overrule such remonstrance. Thereafter, the like proceedings shall be followed as if no remonstrance had been filed.

Approved by vote of the people November 8, 1955.

Section 10.9. Sidewalk repair

Whenever it shall become necessary to reconstruct or repair any sidewalk which has been theretofore constructed and which is not a part of a street paving project, the council may by general ordinance provide for the repair or reconstruction of said sidewalk and the cost thereof shall be paid by the owner of the abutting property in the same manner and the cost of said repair or reconstruction shall be a lien upon the land abutting upon said sidewalk and the council shall by general ordinance provide for the method of payment therefor and the release of such lien.

Approved by vote of the people November 8, 1955.

Section 10.9.5. Assessment of water main extensions

The city shall have the power to extend water mains for the purpose of providing water service to properties and to pay all or part of the cost of the extension thereof by special assessments issued against benefited properties. The city shall by the enactment of a general ordinance establish such procedures as it deems necessary to provide for extensions of water mains by special assessment, which procedures shall include the following:

  1. Any such extension to be paid for in whole or in part by special assessment shall be initiated by a petition signed by at least one owner of property benefited by the proposed extension, which petition shall be filed with the city clerk and a copy thereof shall be filed with the Board of Public Utilities.
  2. The petition, together with a report to the Board of Public Utilities, or such officer or officers of the public utilities as the board shall designate, on the feasibility of the proposed extension and payment of all or part of the cost of the extension thereof by special assessment shall be submitted to the city council.
  3. Provisions establishing the method of levying assessments to pay for the water mains may provide that assessments may be on the basis of the extent benefited properties abut upon the water main; upon the square footage of properties served by said mains; or upon any other method of benefit assessment determined by the city council to fairly reflect benefits received. Such provisions may establish a uniform method of assessment for benefits or may provide for the determination of assessment methods upon a project by project basis.

Approved by vote of the people April 4, 1978.

Section 10.10. Sewers

There shall be four classes of sewers, either sanitary or storm: public, district, joint district, and private, as hereinafter defined, without regard to the area drained, the size, character, or purpose thereof.

Public sewers are those which have been or may be constructed or acquired and paid for wholly out of any public funds available for that purpose.

District sewers are those which have been or may be constructed or acquired, under authority of ordinance, within the limits of an established sewer district, and paid for in whole or in part by special tax bills or special assessments upon the property in the district.

Joint district sewers are those which have been or may be constructed or acquired under the authority of ordinances uniting one or more districts and unorganized territory, or uniting districts or unorganized territory, into a joint sewer district, for the purpose of providing mains, outlets, or intercepting sewers, for the benefit of such joint sewer district, and paid for in whole or in part by special tax bills or special assessments upon the property in such joint sewer district.

Private sewers are those paid for by private parties concerning the same.

All public, district, and joint district sewers shall be constructed along streets, alleys, and other public ways wherever practicable; and no such sewer shall be built or acquired by the city except it be on a public way or right of way owned by the city. Such sewers may be connected with any other sewer of any class or with a natural course of drainage

Approved by vote of the people November 8, 1955.

Section 10.11. Acquiring private sewers

The city may by ordinance recommended by the city manager acquire any private sewer by gift, condemnation, or purchase and provide for reimbursement thereof in cash or by special tax bills or special assessment, in the manner hereinbefore provided, to be levied against the property in the district or joint district for which such private sewer is acquired.

Approved by vote by the people on November 8, 1955.

Section 10.12. Method of levying assessments

Whenever all or any part of the cost of establishing or improving public highways, except curbings, guttering and sidewalks, is to be paid for by special assessments or special tax bills, the entire amount of such assessment shall be levied ratably on all lots and tracts of land fronting, or abutting on, the improvement along the distance improved in proportion to the front feet thereof, and the cost of so improving the areas formed by intersecting streets and highways, or other spaces fronting on other streets and highways shall be included as a part of the cost of the work done on the street or part thereof the improvement of which is provided for.

Whenever all or any part of the cost of curbing, guttering, and sidewalks is to be paid for by special assessments or special tax bills, the entire amount of such assessment shall be levied ratably on all lots or tracts of land fronting, or abutting on, the improvement, in proportion to the front feet thereof, but the corner lots shall be liable for the cost of the extension of curbs, gutters, and sidewalks and the grading of the sidewalk portion of the street, to the curb line each way.

Whenever all or any part of the cost of construction, reconstruction, or acquiring district or joint districts sewers is to be paid for by special assessments or special tax bills, the entire amount of such assessment shall be levied ratably against the lots and pieces of ground exclusive of streets and alleys in the district in proportion to the square feet of area therein.

Ordinances creating joint sewer districts may provide for the construction of the sewer or sewers therein in one or more sections and for the levy and assessment of the cost of any section upon the completion thereof, as a special tax in the manner provided by ordinance. If any district or joint district sewer shall drain territory lying outside the city and not included in the district or joint district, the council shall determine and the city shall pay that part of the cost of the sewer as would have been assessed ratably against such territory if it were included in the district or joint district, and the council's determination of the amount of costs and the area affected thereby shall be conclusive.

Approved by vote of the people November 8, 1955.


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