Effective - 28 Aug 1999
88.812. Special assessments for improvements authorized — plans and cost estimates, publication of public hearing required, when — attorney and engineering fees, limit on — lien, duration of — constitutional charter cities may make assessments for certain repairs. — 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, 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 benefitted 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.
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(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.).
Structure Missouri Revised Statutes
Title VII - Cities, Towns and Villages
Chapter 88 - Public Works and Special Assessments — Condemnation
Section 88.010 - Condemnation of private property.
Section 88.013 - Condemnation of property — petition for appointment of commissioners.
Section 88.017 - Condemnation of property — party defendant.
Section 88.020 - Condemnation of property — summons, how served.
Section 88.023 - Condemnation of property — appointment of commissioners.
Section 88.027 - Condemnation of property — assessment of damages, duties of commissioners.
Section 88.030 - Condemnation of property — commissioners' report.
Section 88.033 - Condemnation of property — filing of exceptions to commissioners' report.
Section 88.037 - Condemnation of property — assessment by jury.
Section 88.040 - Condemnation of property — appeals from judgment.
Section 88.043 - Condemnation of property — payment of assessed damages.
Section 88.047 - Condemnation of property — report of damages.
Section 88.050 - Condemnation of property — confirmation or rejection of report.
Section 88.053 - Condemnation of property — commissioners' compensation, how paid.
Section 88.057 - Condemnation of property — judgment rendered for city.
Section 88.060 - Condemnation of property — assessments a lien — special executions.
Section 88.063 - Condemnation of property — right to take possession after payment of damages.
Section 88.067 - Condemnation of property — change of venue.
Section 88.070 - Condemnation of property — duty of court.
Section 88.073 - Condemnation of property — right to condemn lands.
Section 88.077 - Condemnation of property — condemnation outside city limits.
Section 88.080 - Street grading — assessment of damages, procedure.
Section 88.087 - Street grading — report of commissioners, contents.
Section 88.090 - Street grading — review of commissioners' report.
Section 88.093 - Street grading — cost of proceedings.
Section 88.097 - Street grading — payment of damages.
Section 88.100 - Public improvement — assessment against railroad real property.
Section 88.103 - Tax bill as lien against property, how released.
Section 88.107 - Assessment adjudged invalid — reassessment.
Section 88.110 - Proposed reassessment — hearing of objections.
Section 88.113 - Proposed reassessment — contents of ordinance.
Section 88.117 - New assessment not to exceed old.
Section 88.120 - Ordinance — conclusive.
Section 88.123 - New tax bills issued.
Section 88.127 - Construction of law — limit on frequency of assessment.
Section 88.130 - Expiration of time limit.
Section 88.497 - Condemnation of private property.
Section 88.500 - City tax bills.
Section 88.503 - Appropriation of private property — records of ordinances and proceedings.
Section 88.510 - Assessment of public property — street improvements, how paid — special tax bills.
Section 88.520 - Declaration of necessity for improvement to be published — protests.
Section 88.523 - Certain street improvements — protest, how heard and determined.
Section 88.530 - Improvements, costs — limitations — payment.
Section 88.533 - Condemnation of sidewalks.
Section 88.613 - Lighting of streets.
Section 88.617 - White way system defined.
Section 88.620 - White way system — powers of city council.
Section 88.623 - White way system — further powers of council.
Section 88.627 - White way system — costs, how paid.
Section 88.630 - Public works, governing statutes.
Section 88.633 - Water supply.
Section 88.637 - May open, vacate and improve streets.
Section 88.640 - Sprinkling and cleaning of streets — cost, how assessed.
Section 88.647 - Opening, extending or widening county roads — duty of council as to benefits.
Section 88.653 - Declaration of necessity for improvement.
Section 88.657 - Owners to have thirty days to make improvements.
Section 88.660 - Cost to be assessed proportionally.
Section 88.663 - Special tax bills shall be assignable and collectible.
Section 88.667 - Condemnation of private property.
Section 88.670 - Public improvements — powers.
Section 88.673 - Board may open and vacate streets.
Section 88.677 - Public improvements — cost, how paid.
Section 88.680 - Street improvements — cost, how paid.
Section 88.683 - Street crossing improvements — special assessment.
Section 88.700 - Street improvements — declaration of necessity — taxpayers' protests.
Section 88.703 - Street repairs — cost, how paid.
Section 88.707 - Certain street improvements — protest, how heard and determined.
Section 88.710 - Sidewalk improvements — cost, how paid.
Section 88.713 - Condemnation of sidewalks.
Section 88.743 - County property subject to city ordinances.
Section 88.747 - Improvements, county property — duty of county commission.
Section 88.750 - Procedure upon failure of county commission to make improvements.
Section 88.767 - Sewage reduction device — assessment.
Section 88.773 - Water supply — contracts.
Section 88.777 - Public improvement powers (cities, under 30,000).
Section 88.790 - Assessment of public property — street repairs (cities, under 30,000).
Section 88.797 - Sprinkling and oiling of streets (cities, under 30,000).
Section 88.801 - General sewer system (cities, 10,000 to 30,000).
Section 88.804 - Council may require owners to build or repair sidewalks (cities, under 10,000).
Section 88.806 - Sidewalk improvement (cities, under 10,000).
Section 88.808 - Sidewalk improvement — notice (cities, under 10,000).
Section 88.811 - Limited street improvement costs — special tax bills.
Section 88.818 - Record of tax bills — payment to owner or city — procedure on payment to city.
Section 88.822 - Apportionment of costs of improvement and issuance of tax bills — contents.
Section 88.824 - Costs of improvement to be estimated — contracts not to exceed estimate.
Section 88.826 - Construction of street and sidewalk improvements by city, when — special tax bills.
Section 88.828 - Cost of bringing street to grade included in special assessment for surfacing.
Section 88.832 - General sewer system may be established — special public sewer tax.
Section 88.834 - District sewers — sewers constructed, when — changes.
Section 88.836 - Apportionment of costs of district sewer — levy of tax — tax bills.
Section 88.838 - Joint district sewers, costs, how paid.
Section 88.844 - City may condemn property for sewers.
Section 88.846 - Special tax bills for sewers, validity, how collected.
Section 88.848 - When no bids received, city may construct sewer, tax bills.
Section 88.854 - Special tax bills, how collected — evidence.
Section 88.856 - Action on tax bills, how tried.
Section 88.861 - Special judgment on tax bill, effect — interest rate — parties only bound.
Section 88.863 - Sidewalks — power of city council.
Section 88.870 - Council may regulate building of sidewalks and parkways.
Section 88.873 - Condemnation of sidewalks.
Section 88.877 - Sidewalk maintenance by owner.
Section 88.880 - Sidewalk construction.
Section 88.883 - Sidewalk maintenance by city.
Section 88.887 - Sidewalk districts.
Section 88.890 - Sidewalk improvement — assessments.
Section 88.893 - Sidewalk maintenance — tax bills.
Section 88.897 - Sidewalk improvement — certain tax bills a lien.
Section 88.900 - Sidewalk improvements — assessment of government property.
Section 88.903 - Special tax bills prima facie evidence.
Section 88.907 - Certification of tax bills.
Section 88.910 - Recording of tax bills.
Section 88.913 - Suit to enforce collection of special tax bill.
Section 88.917 - Street grading (cities, 300,000 or over).
Section 88.920 - Street grading — damages and benefits (cities, 300,000 or over).
Section 88.923 - Notice of suit on special tax bills (cities, 300,000 or over).
Section 88.927 - Limiting lien on special tax bills (cities, 300,000 or over).
Section 88.930 - Condemnation of property (cities, 150,000 to 500,000).
Section 88.940 - City improvements — contracts.
Section 88.950 - Special benefit parking districts — condemnation, procedure.