Chapter 21: Streets and Sidewalks

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CONTENTS

ARTICLE I.  IN GENERAL

§ 21-1.        Definitions.

§ 21-2.        Reserve rights.

§ 21-3.        Street grade, etc.

§§ 21-4 to 21-8.  Reserved.

ARTICLE II.  STREET NAMES

§ 21-9.        Renaming a portion of Home Drive as a part of St. Francis Street.

§ 21-10.      Renaming a portion of St. Ann Street to Kyle Street.

§ 21-11.      Renaming a portion of Road Number 48 to Sports Club Drive.

§ 21-12.      Renaming Union Avenue to Matlock Drive.

§ 21-13.      Renaming Washington Avenue to Tiger Drive.

§ 21-14.      Establishing a street name of "Aviation Blvd." in the Hofstetter Family Trust Industrial Park.

§ 21-14.1.      Renaming that annexed section of County Road 1000 "Friendship School Road".

 

ARTICLE III.  IMPROVEMENTS

§ 21-15.      Street improvements; construction.

§ 21-16.      Street improvements; tax bills - Special lien.

§ 21-17.      Street improvements; special tax assessment.

§ 21-18.      Street improvements; tax bills.

§ 21-19.      Street improvements; property chargeable with lien.

§ 21-20.      Street improvements; certificate of tax bills.

§ 21-21.      Street improvements; city clerk to keep record of tax bills.

§ 21-22.      Street improvements; suit to enforce collection.

§ 21-23.      Street improvements; bond of contractor.

§ 21-24.      Street improvements; plans and specifications.

§ 21-25.      Street improvements; contractor to begin work.

§ 21-26.      Levying of assessment.

§ 21-27.      Tax bills to issue for improvements.

§ 21-28.      Petition for improvements.

§ 21-29.      Improvements required.

§ 21-30.      Owner to make improvements.

§ 21-31.      Owner failing to make improvements.

§ 21-32.      Owner to maintain sidewalks and guttering.

§ 21-33.      Notice to repair.

§ 21-34.      Notice; what to contain.

§ 21-35.      Sidewalks to conform to regulations.

§ 21-36.      Definitions.

§ 21-37.      Owner to install culverts on new construction.

§§ 21-38 to 21-40.  Reserved.

ARTICLE IV.  EXCAVATIONS

§ 21-41.      Street excavation permits.

§ 21-42.      Imposing a non-refundable permit fee to excavate, open or dig into streets, alleys or other public thoroughfares.

§§ 21-43 to 21-46.  Reserved.

Chapter 21

STREETS AND SIDEWALKS

ARTICLE I

IN GENERAL

Sec. 21-1.  Definitions.

        (a)   District- For the convenience of the city to carry out the provisions of this Ordinance, all its streets, avenues, alleys and public places shall be deemed one district.  (Ord. 70, §2.)

Secs. 21-2.  Reserve rights.

        That all streets and all alleys within the present city limits heretofore dedicated to the public, excepting such as have been legally vacated and abolished, are hereby declared to be the streets and alleys of the City of St. James, to be designated by the same names as shown by the plats on file in the county clerk's office in Phelps County.  (Ord. 51, §17.)

Sec. 21-3.  Street grade, etc.

        The city council, when they may deem it necessary, shall cause the construction, grading, paving, macadamizing, curbing, guttering and other improvements of the streets, avenues, alleys, guttering, curbing and sidewalks.  And the same when ordered to be done at the cost of the city, shall be let to the lowest and best bidder therefore.  (Ord. 51, §5.)

Secs. 21-4 to 21-8.  Reserved.

ARTICLE II

STREET NAMES

Sec. 21-9.  Renaming a portion of Home Drive as a part of St. Francis Street.

        (a)   Home Drive from the Junction of Hwy. 68 which extends into St. Francis Street shall hereafter be known as "St. Francis Street."

        (b)   The portion of Home Drive that is north of St. Francis Street will continue to be known as "Home Drive."  (Ord. 432, §§1-2.) 

Sec. 21-10.  Renaming a portion of St. Ann Street to Kyle Street.

        Whereas St. Ann Street has been extended easterly through the added subdivision to the eastern city limits; and

        Whereas a portion of St. Ann Street is now represented as an arm extending south of the main St. Ann St.; and

        Whereas this portion or arm will be confusing in locating residences;

        Now, therefore, be it resolved that the north to south portion or arm of St. Ann Street in Verkamp Addition be changed to Kyle Street.  (Ord. 457.)

Sec. 21-11.  Renaming a portion of Road Number 48 to Sports Club Drive.

        Whereas a request has been made by the sports club of St. James to change a portion of road number 48 to Sports Club Drive; and,

        Whereas, the change requested is in greater harmony with the city activities of that area.

        Be it therefore resolved that the portion of Road Number 48, in the city limits of St. James, be hereafter known as Sports Club Drive.  (Ord. 468-A.)

Sec. 21-12.  Renaming Union Avenue to Matlock Drive.

        Whereas: The owners of lots 10-16 in block 4, block 3 and lot 8 in block 2 fronting Union Avenue have requested Union Avenue be renamed Matlock Drive;

        Whereas: This property is and has been traditionally known as the Matlock place;

        Whereas: The change requested is in greater harmony with the historical heritage of the City;

        Whereas: Resolution 2000-100 declaring the proposed change was passed on September 5, 2000;

        Whereas: The City Clerk had resolution 2000-100 published September 13, 2000 in the St. James Leader Journal;

        Whereas: No protest was voiced against the street name change;

        Whereas: The City Clerk shall file with the recorder of deeds of PhelpsCounty a certified copy of this ordinance;

        Whereas: The Phelps County Recorder shall enter this ordinance upon the records of PhelpsCounty;

        Therefore be it ordained by the City Council of the City of St. James, Missouri, that Union Avenue shall be renamed Matlock Drive.  (Ord. 682)

Sec. 21-13.  Renaming Washington Avenue to Tiger Drive.

        Whereas: On January 17, 2002, the Board of Education of the St. James R-1 School District approved a motion to ask the City Council of the City of St. James to name the new road between Matlock Drive and Parker Lane, Tiger Drive;

        Whereas: The road was built to accommodate the new school, which is soon to be built;

        Whereas :Resolution 2002-118 declaring the proposed change was passed on February 4, 2002;

        Whereas The City Clerk had resolution 2002-118 published on February 20, 2002 in the St. James Leader Journal;

        Whereas: No protest was voiced against the street name change;

        Whereas: The City Clerk shall file with the recorder of deeds of PhelpsCounty a certified copy of this ordinance;

        Whereas: The Phelps County Recorder shall enter this ordinance upon the records of PhelpsCounty;

        Therefore be it ordained by the City Council of the City of St. James, Missouri, that Washington Avenue  shall be renamed Tiger Drive.  (Ord. 743)

Sec. 21-14. Establishing a street name of "Aviation Blvd." in the Hofstetter Family Trust Industrial Park.

Whereas: A request has been made from the owners of the Hofstetter Family Trust Industrial Park to name the new street Aviation Blvd.

Whereas: The proposed name of the new street was not on the final plat when recorded.

Whereas: The proposed street name does not duplicate or sound similar to existing street names. (Sec. 25-65)

BE IT THEREFORE ORDAINED THAT THE STREET RUNNING THROUGH THE HOFSTETTER FAMILY TRUST INDUSTRIAL PARK BE NAMED AVIATION BLVD. AS REQUESTED. (Ord. 760)

Sec. 21-14.1 Renaming that annexed section of County Road 1000 "Friendship School Road".

Whereas: The County of Phelps removed the CR 1000 signs;

Whereas: The road has not yet been named creating a difficult situation for emergency responders.

Whereas: Naming that annexed section "Friendship School Road" would be a tribute to the area's heritage.

Whereas: Naming and signing the former CR 1000 will eliminate confusion.

NOW, THEREFORE, BE IT ORDAINED THAT THE COUNCIL OF THE CITY OF ST. JAMES HEREBY ACCEPT THE NAMING OF THE ANNEXED PORTION OF COUNTY ROAD 1000, FROM HIGHWAY B EAST TO THE CORPORATE LIMITS OF THE CITY OF ST. JAMES, AS "FRIENDSHIP SCHOOL ROAD". (Ord. 877)

ARTICLE III

IMPROVEMENTS

Sec. 21-15.  Street improvements; construction.

        The work of sprinkling, oiling, repairing, surfacing, resurfacing or asphalting streets as above authorized, may be done by the city, under the direction of the street commissioner, and in accordance with the plans and specifications herein provided for, and an accurate account of the cost of the work and materials therefore kept by the city - or may be contracted for annually by the said Board; Provided, however, that no such contract shall be let until an advertisement for bids for the doing of said work shall have been published in some newspaper published in the city or in the County for seven (7) consecutive insertions in a daily paper or two (2) consecutive insertions in a weekly paper, and the date for the opening of said bids shall be at least ten (10) days after the date of first publication of said advertisement for bids, and provided further, that before said bids are opened the street commissioner shall prepare and file an estimate showing the estimated cost of said work, including the materials to be used per front foot of the property fronting or bordering on the streets, avenues, alleys or public places to be sprinkled, oiled, repaired, surfaced, re-surfaced or asphalted, and an estimate of the total cost of said work, and no contract shall be let for a price in excess of said estimate of the cost, and provided further, that in no case shall the cost of said sprinkling, oiling, repairing, surfacing, re-surfacing or asphalting exceed sixty cents (60¢) per front foot per annum, upon the property abutting upon any street, avenue, alley or public place thereof.

        After the bids are opened, as in such cases provided, the Board shall let the contract for said work to the lowest and best responsible bidder, and in  case no bids are received or that all bids are rejected for any reason, the Board may cause a re-advertisement for bids for said work or may by Ordinance require the street commissioner to do said sprinkling, oiling, repairing, surfacing, re-surfacing or asphalting in accordance with the terms and provisions of this Ordinance, keeping accurate account of the cost of the separate items thereof, and the Board shall pay for the labor and materials and all other costs of said work out of any funds that may be available, and at the completion of said work or at the first regular meeting of the Board in the month of December following said sprinkling, oiling, repairing, surfacing, re-surfacing or asphalting shall levy the cost thereof as a special tax as hereinafter provided.  (Ord. 70, §3.)

Sec. 21-16.  Street improvements; tax bills - Special lien.

        The special tax bills hereinafter provided for shall be and become a lien on the property charged therewith from and after the commencing of the work of sprinkling, oiling, repairing, surfacing, re-surfacing or asphalting said streets, avenues, alleys or public places, and shall be prima facie evidence of the liability of the property charged therewith to the extent and amount therein specified.  (Ord. 70, §4.)

Sec. 21-17.  Street improvements; special tax assessment.

        The total cost of the aforesaid sprinkling, oiling, repairing, surfacing, re-surfacing or asphalting as herein contemplated when done, whether by contract or by the city, shall be levied as a special tax in favor of the contractor or the city as the case may be, against the adjoining property fronting or bordering on the street, avenue, alley or public place where such sprinkling, oiling, repairing, surfacing, resurfacing or asphalting is done in the proportion that the linear feet of each lot fronting or bordering on the street, avenue, alley or public place, bears to the total number of linear feet of all property chargeable with special tax as aforesaid, and said assessment shall be levied by Ordinances in which Ordinances there shall be set out separately;

        (1)   The number and title of the Ordinance under authority of which the work is done.

        (2)   Separate description of each lot, tract or parcel of ground assessed.

        (3)   The name of the owner thereof.

        (4)   The number of front feet therein abutting on said street, avenue, alley or public place.

        (5)   The separate items or costs of said improvement.

        (6)   And the total cost thereof.

        Said assessment Ordinance shall further provide for the making out of tax bills by the city clerk in evidence of assessment, payable to the contractor doing the work and for the delivery of said tax bills in payment of said work, or if the work was done by the city as herein provided, the tax bill shall be made payable to the city and shall be collected as other tax bills.  (Ord. 70, §5.)

Sec. 21-18.  Street improvements; tax bills.

        A separate tax bill shall be issued against each lot, tract or parcel of ground against which a special assessment has been made, and shall state therein;

        (1)   The name of the owner of record of the lot or tract assessed.

        (2)   An adequate description of lot or tract.

        (3)   The number of front feet therein abutting on street, avenue, alley or public place improved.

        (4)   The number or title of Ordinance under which work was done.

        (5)   The number and title of the assessment Ordinance under which the tax bills were issued.

        (6)   The different items of the improvement and the total cost thereof.

        Said tax bills shall be payable to the contractor or to the city as the case may be.  Said tax bills shall be due and payable immediately upon their issuance, and are, as hereinbefore provided, a lien on the property charged therewith from and after the commencement of said work to the extent and amount therein specified, and shall after thirty (30) days bear interest at the rate of eight (8%) percent per annum.  Said lien shall continue for a period of three (3) years from the date of issuance of said bill or until final determination of any legal proceeding to collect the same.  (Ord. 70, § 6.)

Sec. 21-19.  Street improvements; property chargeable with lien.

        Any and all real property shall be liable for the costs of sprinkling, oiling, repairing, surfacing, re-surfacing or asphalting herein completed as above provided, whether owned by a person, company, corporation, railroad corporation or company, church or charitable institution, educational or eleemosynary institution, cemetery association or any other institution, corporation, company or association whatever, except real estate owned by the State of Missouri or other State Institutions or by the United States, or by any County, Township or City, and the tax bills so issued on any and all real estate, except those last names and excepted, shall constitute a first and prior lien against the property therein described and second only to the State, County and City tax liens, and may be collected of and from the owner of the property charged therewith in the name of and by the City as any other claim in a court of competent jurisdiction.,  (Ord. 70, §7.)

Sec. 21-20.  Street improvements; certificate of tax bills.

        All the tax bills as hereinbefore provided shall be certified as correct by the street commissioner, and shall be signed by the mayor and attested by the city clerk under the seal of the City.  (Ord. 70, §8.)

Sec. 21-21.  Street improvements; city clerk to keep record of tax bills.

        All such tax bills shall be recorded by the city clerk in a book provided for such purposes 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 owner or assignee, or upon presentation of other proper evidence that such tax bill has been paid in full.  (Ord. 70, §9.)

Sec. 21-22.  Street improvements; suit to enforce collection.

        On any suit or proceeding to enforce collection of any special tax bill issued as herein provided, it shall be only necessary for the owner thereof to charge in the petition that such an amount is due from 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 this act shall be construed to prevent any defendant from pleading and providing in contesting of any bill, any mistake or error in the amount thereof, or, that the work mentioned was not done in a good and workmanlike manner, and further, if it be pleaded and proved on trial 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 as hereinbefore provided.  No suit for the collection of any tax bill shall be defeated or affected by any irregularity affecting other bills invalid, in whole or in part, and provided further, that if at any time it is found there has been error in the issue of any tax bill or any assessment, or error made in the mode or manner of making any assessment, then same shall be corrected and reassessment made if necessary, to correct the mistake by the proper officials and said assessment shall be as binding and in all respects the same as if no previous assessment had been made or tax bills issued.  (Ord. 70, §10.)

Sec. 21-23.  Street improvements; bond of contractor.

        Whenever any work contemplated in this Ordinance shall be let by the city to any contractor as hereinbefore provided, said contractor shall, before signing the contract, be required to furnish the city with good and sufficient bond to be approved by the mayor, in a sum equal in amount to the total amount of said contract and conditioned upon the faithful performance of all the covenants and agreements contained in said contract, and that he will pay all bills for labor and materials, and further, that he will hold and save the city harmless from damages or actions arising against the city by reason of any neglect of said contractor.  (Ord. 70, §11.)

Sec. 21-24.  Street improvements;  plans and specifications.

        Before any work or improvement under this Ordinance shall be commenced, it shall be the duty of the street commissioner to file with the city clerk, plans and specifications for such work or improvement.  (Ord. 70, §12.)

Sec. 21-25.  Street improvements; contractor to begin work.

        The contractor to whom a contract has been awarded for any work provided by this Ordinance shall begin work at the order of the street commissioner and shall pursue said work under his supervision.  (Ord. 70, §13.)

Sec. 21-26.  Levying of assessment.

        For making and repairing sidewalks and sidewalk curbing, the cost thereof shall be levied as a special assessment on all lots and pieces of ground butting on such improvements in proportion to the front feet thereof; Provided that the corner lots shall be liable for an extension of curb and sidewalks to the curb line each way.  All construction of guttering, curbing, and repairing of any guttering, curbing or sidewalk shall be provided for by ordinance and not otherwise, and shall be charged against the property along and in front of which the walk and improvement is to be done.  And the same shall be under such ordinance duly enacted, which said ordinance shall set forth and describe the extent of the improvement, and the manner in which it shall be done at the owners and occupier's expense, and the cost and expense of such work of construction, guttering, curbing and repairing of any gutter, curb or sidewalk shall be charged against the property in front and along which said work is done and said improvement made.  When any work or improvement shall be completed the city engineer or other officer having in charge the work, shall compute the cost thereof and apportion the same among the various lots or parcels of land to be charged therewith, and charge each lot and parcel of property with its proper share of such costs, according to the frontage of the property, and the city engineer or the officer for the time being discharging the duties of that office, shall after so apportioning or charging the cost of the work, make out and certify special tax bills according to such apportionment against the several portions of lands charged with any such improvement, and the city council shall by ordinance levy the amount of such costs so apportioned against the several pieces of land to be charged therewith, and along and in front of which said improvement was made, and the council shall cause to be made out a certified bill of such assessment against each lot or piece of ground along in front of which said improvements have been made, and such special tax bills shall be issued by order of the council, signed by the mayor and certified by the city clerk.  (Ord. 51, §6.)

Sec. 21-27.  Tax bills to issue for improvements.

        All special tax bills for improvement or repairs shall be placed in the hands of the city collector, who shall forthwith proceed to collect the same from the owner or occupier of the property against which such tax bill shall have been issued, and if the owner of any such property is not a resident of the city or cannot be found within the city limits, such owner shall be notified by notice published in some newspaper published in the city, that such tax is due and must be paid within thirty (30) days from first publication of such notice, and it shall be sufficient to specify in the notice the property on which the special tax is levied and against which the special tax bill has been issued, the amount of tax, for what purpose the tax has been levied, the time within which it must be paid, and the cost together with accrued and accruing cost and all penalties provided by law, shall be added to the amount to tax, and any number of lots or division of lots may be included in one notice, and upon the failure of the owner or owners, legally notified by the Collector, either by personal demand or publication as hereinbefore specified, to pay the tax due on such property within the time specified in such notice, the collector shall proceed forthwith to collect the same by suit.  All suits for the enforcement of special tax shall be brought in the name of the City of St. James, at the relation and to the use of the city collector or the legal holder of any such special tax bill.  (Ord. 51, §7.)

Sec. 21-28.  Petition for improvements.

        When any number of persons owning the greatest part of the frontage of any ungraded street, or any ungraded portion of street, shall petition the city council asking that sidewalks be built along the side of such street or portion of street, the city council shall cause stepping stones to be placed at the street crossings and order sidewalks to be built, and all owners along such street or portion of street shall build sidewalks in front of their lot, lots, tracts or parcel of land, and such sidewalk shall be of concrete composition pavement, and by ordinance of the council, the dimensions of such sidewalks shall be given, as well as the dimensions and composition of all curbing and guttering along such street or part of street.  (Ord. 51, §9.)

Sec. 21-29.  Improvements required.

        On each side of all streets there shall be set apart for sidewalks the space of eight feet from the building line of such street, and when any street shall have been graded and stepping stones placed at the crossings by the city, it shall be the duty of the street commissioner to notify in writing the owner or owners of any lot or part of lot, tract or parcel of land fronting or abutting on the street, that they are forthwith required to gutter, curb and pave the sidewalk along such street or parts of street, and in front of their respective lot or plots, tract or parcel of land, and the paving used for such sidewalk or graded street shall be concrete composition pavement, four feet wide, and the curbing and gutter shall be concrete composition pavement, and of such width and dimensions as shall be by ordinance specified.  (Ord. 51, §8.)

Sec. 21-30.  Owner to make improvements.

        When the city council shall by ordinance provide for the building of any sidewalk, curbing or guttering in this city, it shall be the duty of the street commissioner, within ten days thereafter to notify the owner or owners or their agent, commanding them to build or cause to be built such sidewalk within thirty days after receiving such notice.  (Ord. 51, §10.)

Sec. 21-31.  Owner failing to make improvements.

        At the end of thirty days it shall be the duty of the street commissioner to make a list containing the names of owners of property or lots who have failed, neglected or refused to build such sidewalks, which list shall be filed with the city clerk.  Provided, that if the names of the owners of any lot or lots cannot be ascertained, such property shall be entered on said list by description and the word "unknown" placed opposite the name, and the clerk upon receipt of such list shall record the same in a book kept for that purpose, and when such list shall have been returned to the city clerk, and recorded in the book kept for that purpose the city council shall by ordinance have the street commissioner to cause such sidewalk to be built, and the cost of such construction shall be levied as a special tax against the property in front of which such sidewalk was built, as provided for in this Ordinance.  (Ord. 51, §11.)

Sec. 21-32.  Owner to maintain sidewalks and guttering.

        It shall be the duty of the property owners within the City of St. James to keep the sidewalks and guttering in front of their property without regard to the time that they have been built, in good repair at all times, and in case they fail to do so after being notified, such sidewalk and guttering shall be repaired by the city, and the cost shall be placed on the tax books as a special tax, and be proceeded within  the manner as provided for in this Ordinance.  (Ord. 51, §12.)

Sec. 21-33.  Notice to repair.

        Whenever the street commissioner shall find or be notified that any sidewalk or guttering is out of repair, he shall immediately notify the owner or owner's agent of the property in front of which repairs are needed, to repair such sidewalk within five days after the service of such notice.  (Ord. 51, §13.)

Sec. 21-34.  Notice; what to contain.

        (a)   Such notice shall be written or printed, and two copies shall be made in each case, one to be delivered to the party and the other shall be used by the street commissioner to make return in writing and file with the city clerk.  Such notice shall state the repairs needed, the length of time the owners will have to cause the same to be repaired, and if such repairs are not made within the specified time, the City will proceed to have the repairs made, and that the costs thereof will be placed on the tax books as a special tax.  (Ord. 51, §14.)

        (b)   In all cases where such sidewalk or gutter notice cannot be served on the owner, owners or agents of the property in front of which the sidewalk so ordered is to be built or repaired, then such notice shall be published in some newspaper in the city, such notice to be at least thirty (30) days before such building is done or repairs made by the city.  (Ord. 51, §15.)

Sec. 21-35.  Sidewalks to conform to regulations.

        That all sidewalks hereafter built shall be constructed under the direction of the street commissioner so as to conform to the established grade of the street, lane or avenue, and shall conform to the ordinances of the city in width, material and construction, and unless so constructed by the owner or occupier of the property fronting thereon, when said owner or occupier shall build the said sidewalk, the street commissioner shall cause the same, by order of the council, to be changed and reconstructed at the expense of the owner or owners of said lot or lots fronting on said sidewalk, and shall return the amount of such expense to the council to be levied as a special tax on such property.  (Ord. 51, §16.)

Sec. 21-36.  Definitions.

        The terms used in this Article shall have the meaning ascribed to them in this Section and shall be construed as indicated in this Section.

        Culvert - A drain running under a road, embankment or driveway.

        Embankment - A mound of earth or stone to hold back water or support a road or driveway.

        Driveway - A private road connecting a building, as a house or garage, with the street.

        Road - An opening for the passage of persons, vehicles, and animals.  (Ord. 701)

Sec. 21-37.  Owner to install culverts on new construction.

        (a)   It shall be the property owner's responsibility to purchase and install culverts in their driveway.

        (b)   No person shall make or cause to be made any culvert installation without written permission of the City of St. James Street Superintendent.

        (c)   The permit required by subsection (b) of this Section shall not be issued by the street superintendent until he has approved the depth to be dug, the location of the dig and the size of the culvert to be used.

        (d)   Any property owner, person, firm, association or corporation violating any of the provisions of this Section shall be deemed guilty of a misdemeanor and be fined not exceeding the sum of One Thousand ($1,000) Dollars or confined in jail not exceeding 60 days.  (Ord. 701)

Secs. 21-38 to 21-40.  Reserved.

ARTICLE IV

EXCAVATIONS

Sec. 21-41.  Street excavation permits.

        (a)   No person shall make or cause to be made any excavations in any public street or alley without written permission of the Superintendent of Public Works to do so, except public work done under the authority of the city council.  (Ord. 295, §1.)

        (b)       The permit required by subsection (a) of this Ordinance shall not be issued by the superintendent of Public works until the Superintendent of Public Works has determined the length of the proposed excavation to be made in any street or alley, and such permit shall not be issued by the Superintendent of Public Works until such time as the applicant pays to the city clerk such sums as shall be determined by the Superintendent of Public Works as necessary to reimburse the city for its costs and expenses incurred in restoring said excavation to its previous condition, but such sums shall not be less than five hundred ($500.00) dollars for excavating in or across or any fractional part of any street of oil mat, or concrete, or blacktop construction, and four hundred (S400.00) dollars for excavating in or across any street or a fractional part thereof, of a gravel construction, and four hundred (S400.00) dollars for excavation in or across any alley or any fractional part thereof. The applicant may at his option restore the excavation to original condition in accordance with directions provided by the Street Superintendent. Upon restoration satisfactory to the Street Superintendent the street excavation fee will be returned to the applicant.  (Ord. 295, §2; Ord. 605)

        (c)   The foregoing sums to be paid to the city clerk shall be deposited in the Street Fund and used for the restoration to original condition by the City Street Department any street or alley so excavated.  (Ord. 295, §3.)

Sec. 21-42.  Imposing a non-refundable permit fee to excavate, open or dig into streets, alleys or other public thoroughfares.

        (a)       Non refundable Permit fee: That the minimum amount of said permit fee for each excavation or digging into or opening up of any street, alley, avenue, thoroughfare or paved street shall be the sum of $ 100.00 for each separate and distinct typical work or project. Fee for atypical long cuts will be established on a case basis.  (Ord. 522, §1; Ord. 557; Ord. 605)

        (b)   It shall be unlawful for any property owner, person, firm, association or corporation to make any excavations or ditch for water mains, sewer lines, gas lines, telephone cables, or any other purposes along any street or alley in the City of St. James, Missouri, without first obtaining from the Utility Department of the City of St. James, a written permit furnished by the above.  (Ord. 522, §2)

        (c)   The property owner, person, firm, association or corporation obtaining said permit shall immediately after the issuance thereof, give notice to the Superintendent of streets; Superintendent of the electrical utility; Superintendent of the water utility; Superintendent of the gas utility and the Manager of the telephone company, stating where said excavation or ditch is to be made, and when the work thereon will be commenced, and it shall be the duty of the said parties so notified to point out to said permit holder, the exact location of any pipe, conduit, water main, cable, or sewer liable to be damaged by reason of the making of said excavation or ditch, and the same shall be made in such manner as not to injure said pipe, conduit, water main, cable or sewer; and the property owner, person, firm, association or corporation doing said work or having the same done, shall be responsible to the party injured for all damages done to said pipes, conduit, water main, cable or sewer, but no person or corporation who has received notice as herein provided and has failed to point out the location of said pipe, conduit, water main, cable or sewer within a reasonable length of time shall be entitled to receive pay for injury thereto unless said injury is caused by the negligence of the party doing said work.  (Ord. 522, §3)

        (d)   Where excavations or ditches are made through a bituminous paving or concrete paving of a street or alley, the portion to be removed must be first sawed unless the concrete paving contains granite aggregate and then sawing is not required, but the said excavation or ditch shall be closed up as speedily as possible after being made, shall be properly guarded at night by sufficient light to prevent accidents to the public, and it shall be the duty of the person making said excavation or ditch to dry tamp the dirt so that the ground is solid when the work is finished.  The portion of the paving removed must be replaced by proper paving materials so as to leave the street in a smooth condition when finished.  (Ord. 522, §4)

        (e)   The excavation or ditch for which a permit has been issued, shall be conducted under the supervision of the Superintendent of the streets and alleys, who shall be notified when the bituminous paving or concrete paving is to be sawed, when the tamping and filling operation is to be started so that he shall be given an opportunity to inspect the same and he shall make a final inspection of the closed excavation or ditch before the permit holder shall proceed with restoring the paved portion of the street or alley.  (Ord. 522, §5)

        (f)    All parties having said work done or doing the same shall be liable to any property owner, person, firm, association or corporation, who have complied with the terms of this ordinance, for all damages caused by reason of the making of said excavation or ditch, and shall hold the City of St. James, Missouri, harmless from all liability by reason thereof.  (Ord. 522, §6)

        (g)   In an emergency, when delay is likely to endanger health or property, excavation may be begun without the permit but the required application shall be filed within an hour after the opening of City Hall for business following such emergency start of excavation or within one hour after such emergency start of excavation if during City Hall hours.  In such event the City of St. James Utility shall be notified of the excavation at once.  (Ord. 522, §7)

        (h)   All excavation permits, except to property owners, shall not be issued until a bond in the amount of $5,000 shall be filed conditioned on the faithful performance of the excavation backfilling and resurfacing in accordance with the permit requirements, and until a certificate of insurance has been filed with the City of St. James included as an additional insured, insuring against liability occasioned by the excavation with bodily injury limits of the least $100,000 and property damage limits of at least $50,000.  Such bond and insurance may cover more than one excavation at the applicant's option.  (Ord. 522, §8)

        (i)    Any property owner, person, firm, association or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and be fined not exceeding the sum of One Thousand ($1,000) Dollars or confined in jail not exceeding 60 days.  (Ord. 522, §9)

Secs. 21-43 to 21-46.  Reserved.