PUBLIC IMPROVEMENTS-SPECIAL TAX BILLS. suit may be brought by attachment, which shall be equivalent to notice, and a demand for payment. Certified Tax Bills Prima Facie Evidence-Defenses.Such certified bill shall in all cases be prima facie evidence that the work and material charged in such bill shall have been furnished, and of the execution of the work, and of the correctness of the rates or prices, amount thereof, and of the liability of the person therein named as the owner of the land, charged with such bill, to pay the same; provided, that nothing in this section shall be so construed as to prevent the party charged with the payment of said bill from pleading in reduction of the amount of same, that the work therein mentioned was not done in a good and workmanlike manner; and provided that the party charged shall set up, by way of defense, that the work was not done in a workmanlike manner, according to the class of work mentioned in the contract, and that such party, before the commencement of the suit, tendered to the contractor the full value of such work done, and shall establish the same on the trial, the recovery shall only be for the amount so tendered, and judgment for costs shall be rendered against the plaintiff. City Not Liable on Special Tax Bills.-The city shall not be liable, in any manner whatever, for or on account of any work done which is to be paid for in the manner provided in this section. Certain Tax Bills Shall be Divided into Parts and May be Paid in Installments-Interest-Effect of Non-Payment of Interest or Installment when Due.-Provided, however, that every special tax bill authorized by this Charter to be levied or assessed for the construction or reconstruction of streets, avenues, highways, boulevards or district or joint district sewers, shall be divided into not less than three, nor more than seven, equal parts, as may be provided by the ordinance authorizing such improvement, payable and collectable in installments as follows: The first installment shall become due and payable thirty days after notice of the issuance thereof, without interest; the second installment shall become due and payable one year after such notice; the third installment, two PUBLIC IMPROVEMENTS-SPECIAL TAX BILLS. years; the fourth installment, three years; the fifth installment, four years; the sixth installment, five years; and the seventh installment, six years, after such notice; provided, however, that the owner, or any person having an interest in the property charged with a tax bill may pay the same in full at any time within thirty days after notice as aforesaid, without interest, and such owner or person having an interest may pay such tax bills in full at any time by paying interest thereon as follows: If paid at or before maturity and more than thirty days after notice, as aforesaid, at the rate of six per cent per annum from date of notice to date of payment; if paid after maturity, at the rate of six per cent per annum from date of notice to date of maturity, and at the rate of eight per cent per annum from date of maturity to date of payment; All interest shall be payable annually from date of notice of the issuance of tax bills. If any installment of any such special tax bills, or any interest on any installment, be not paid when due, then, at the option of the holder thereof, all remaining installments shall become due and collectable, together with interest thereon as aforesaid. Suits may be brought to enforce the payment of such special tax bills, or any installment or installments thereof, with any interest due on any installment, in the manner herein provided for the bringing of such suits on other special tax bills. Limitation of Lien of Special Tax Bills-Entry of Satisfaction. Whenever any special tax bill issued heretofore, or hereafter to be issued, to a contractor or contractors, shall be paid, it shall be entered satisfied on the register in the Comptroller's office; and the lien of any bill so issued that is not entered satisfied within two years after its maturity, unless proceedings in law shall have been commenced to collect the same within that time, and shall still be pending, shall be destroyed and of no effect against the land charged therewith; provided, however, that where bills are not paid in installments, the lien thereof shall terminate within two years after their date, unless such proceedings shall have been commenced within that time and be still pending. PUBLIC IMPROVEMENTS-SPECIAL TAX BILLS. *SEC. 26. Special Tax Bills May be Assigned-Formality Required-Payment.-Such special tax bills and lien thereof shall be assignable. Each and every transfer of special tax bills shall be registered in the office of the Comptroller, and no transfer thereof shall be valid or effectual until it is so registered. Every transfer shall be in writing, and witnessed by the Comptroller personally, or by one of his deputies, duly acknowledged before a notary public, or other officer authorized to take acknowledgments, and in each transfer there shall be designated the City Treasurer or the name of some bank or trust company located and doing business in the City of St. Louis, to whom payment of the said tax bill, or of any of the installments thereof, or of any interest on any installment thereof, may be made at or after maturity; and payment made to the City Treasurer, whose duty it shall be to receive and receipt for the same, if tendered, or to the designated bank or trust company shall be sufficient to procure the partial or total entry of satisfaction of such tax bill, as the case may be, in the office of the Comptroller on presentation to the Comptroller of the tax bill duly receipted, or on presentation of a receipt of the City Treasurer or of such designated bank or trust company showing such payment. All payments made to the City Treasurer shall be by him paid over to the party or parties entitled hereto upon the warrant of the Auditor. CONTRACTS FOR PUBLIC WORK. *SEC. 27. Assembly Forbidden to Contract for Public Work B. P. I. to Submit Ordinance for Proposed WorkAdvertising for Bids, Requisites-Contract to be Let to "Lowest Responsible Bidder"—One Having Failed to Carry Out Prior Contract with City Deemed Not ResponsibleBids May be Rejected-Sureties on Contractor's Bond.The Assembly shall have no power directly to contract for any public work or improvement, or repairs thereof, contemplated by this Charter, nor to fix the price or rate therefor; but in all cases, except in case of emergency work or necessary repairs *This section is an amendment to the Charter, adopted at the charter amendment election, held on October 22, 1901. requiring prompt attention, the Board of Public Improvements shall prepare and submit to the Assemby an ordinance, with an estimate of the cost endorsed thereon by the President of the Board, authorizing the doing of any proposed work, and, under the direction of the ordinance authorizing the same, shall advertise for bids, in the papers doing the city printing, three times, the last publication to be at least ten days before the day appointed for the opening of the bids, stating the general nature of the work to be done and the time and place when the bids will be received, and shall let out said work by contract to the lowest responsible bidder. Any other mode of letting out or contracting for work shall be held as illegal and void. But when so provided in the ordinance authorizing or directing the work to be done, the advertising may be for a different period, and in other papers than those provided above. No security on any bond shall be taken unless he shall pay taxes on property equal in an amount to his liability on all bonds on which he may be security to the city. And no contract shall be made under this section without bond for its faithful performance, with at least two sufficient securities. No person, firm or corporation shall be deemed such a responsible bidder who has failed or refused to fully carry out any prior contract let to him or them for doing any work contemplated by this Charter; provided, however, that the said Board of Public Improvements shall have full power and authority to reject all bids so advertised for and submitted, whenever, in its judgment, the interests of the city may require, and in such event shall, in like manner, readvertise for bids for such work. Certified Checks to Accompany all Bids.-All bids for the doing of public work shall be accompanied with a certified check on some bank or trust company in the City of St. Louis, payable to the order of the Treasurer of the City of St. Louis, for the amount of the deposit required, enclosed in the sealed envelope enclosing the bid. *SEC. 28. Improvement Ordinances to Contain Specific Appropriations-Work May be Done in Parts, but Appropriation Shall be Made for Each Part.-Every ordinance *This section is an amendment to the Charter, adopted at the charter amendment election, held on October 22, 1901. PUBLIC IMPROVEMENTS-CONTRACTS. requiring work to be done shall contain a specific appropriation from the proper revenue and fund for such part thereof, as may be payable by the city based upon an estimate of cost, to be endorsed by the President of the Board of Public Improvements on said ordinance, for the whole of the cost of the proposed work. Provided, however, that when the work contemplated by such ordinance is of such magnitude that the total cost thereof would exceed the amount of money then in the city treasury, and available for such purpose, the ordinance may provide for the whole work, which shall prescribe that it shall be contracted for and done in sections or parts as the Assembly shall, from time to time, appropriate the money to pay for the same. But in all such cases the work to be done in sections or parts shall be limited to the amount appropriated for the doing of such sections or parts, and in this manner ultimately to complete the work specified. Contract Provisions-Suspension of Work on Complaint -B. P. I. to Examine and Report-Cost.-Every contract shall contain a clause to the effect that it is subject to the provisions of the Charter, that the aggregate payments thereon shall be limited by the amount of such specified appropriation, and that, on ten days' notice, the work under said contract may, without cost to or claim against the city, be suspended by said Board with the approval of the Mayor, for want of means, or other substantial cause; provided, that on the complaint of any citizen and taxpayer, that any public work is being done contrary to contract, or the work or material used is imperfect or different from what was stipulated to be furnished or done, the said Board shall examine into the complaint and may appoint two or more members of said Board to examine and report on said work, and after such examination, or after considering the report of said commissioners, they shall make such order in the premises as shall be just and reasonable, and what the public interest seems to demand, and such decision shall be binding on all parties; the cost of such examination shall be borne by the contractor, if such complaint is decided to be well founded, and by the complainant, if found to be groundless. |