Effective - 28 Aug 1939
88.913. Suit to enforce collection of special tax bill. — 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.
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(RSMo 1939 § 7553)
Prior revisions: 1929 § 7399; 1919 § 8807; 1909 § 9663
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.