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HomeMy WebLinkAboutOrdinance No. 115 S?_? ORDINANCE NO. // '?' AN ORDINANCE RELATING TO THE 0MATION OF SPECIAL IMPROVEMENT DISTRICT NO. 9 IN THE CITY OF LAUREL, MONTANA, FOR THE PURPOSE OF LAYING EXTENSIONS TO THE WATER MAINS OF SAID CITY; PROVIDING THE MANNER OF DEFRAYING THE COST THFAtEOF, DESIGNATING THE PORTION OF SUCH COST WI1ICH IS TO BE PAID BY SUCH ENTIRE IMPROVEMENT DISTRICT;.CREATING A FUND FOR SUCH DISTRICT; PROVIDING FOR THE ISSUANCE OF BONDS (OR WARRANTS) AGAINST THE SAM IN PAYMENT OF THE COST OF SUCH IMPROVEMENTS; PROVIDING FOR THE ADVERTISEMENT FOR BIDS FOR THE 9ONSTRUCTION OF SUCH IMPROVEMENTS, AND THE EXECUTION OF CONTRACT AND BOND BY THE SUCCHS81UL BIDDER. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAUREL, MONTANA: Section 1. That pursuant to the provisions of Resolution No. 48, provisionally passed by the Council of the City of Laurel, Montana, on the 23rd day of Februax , 1915, and finally passed and adopted by said Council on the day of March, 1915, there is hereby created and established in said City of Laurel a Special Improvement District designated as Improvement District No. 9, for the purpose of laying extensions to the water mains of said City, the boundaries of which said Special Improve- ment District are particularly described in said Resolution No. 84, reference to which is hereby made. Section 2. That the entire cost of making said exten- sions and improvements shall be paid by special assessments to be levied upon the lots and parcels of land situate within the said district, and each lot or parcel of land within said district shall be assessed for that part of the whole cost of said improve. ments which its area bears to the area of the entire district, - 1 - C: 1 exclusive of streets, alleys and public places; provided, however, that the whole cost so assessed shall at no time exceed the sum of One and 50/100 01.50) Dollars per linear foot of the entire length of the water main extensions laid in such district. Section 3. That the entire cost and expense incurred in acquiring, and constructing such improvements to be defrayed by special assessments as above specified shall be paid by special improvement bonds (or warrants) in the denomination of One Hundred ($100.00) Dollars each, issued or drawn against the Special Improvement District fund in the next succeeding section hereof particularly specified. Said bonds (or warrants) shall draw simple interest at the rate of six (61o) per cent. per annum from the date of their registration. Section 4. That said special assessments shall be paid in six equal annual installments, extending over a period of six years beginning with the year 1915, and shall be collected in the manner provided for the collection of other special assessments now provided for under the laws of the State of Montana. All moneys derived from the collection of said special assessments shall constitute a fund to be known as the "Fund of Special Improvement District No. 9", and the owners and holders of said Special Improvement District bonds (or warrants) shall rely exclusively upon said fund for the payment of said bonds (or warrants). Section 5. That on Tuesday, the Bird ay of March, 1915 , at eight o'clock P. M., at the Council Chambers in the City Hall at Laurel, Montana, the City Council will receive sealed bids for the construction of the improvements particularly mentioned in said Resolution No. 84, in accordance with the plans and specifica- tions thereof now on file in the office of the City Clerk of said City of Laurel; and the City Clerk is hereby directed to publish notice of the time and place of receiving such bids in..6w w 2 t regular issue# of the Laurel Outlook, a weekly newspaper of general circulation in said City of Laurel, he Iftet at least five days prior to said i;? day of March, 1915. That the Council shall have the right to reject any and all bids, and in case all bids shall be rejected the Council may, by motion duly entered on its records, fix another date for receiving such bide, in which event the Clerk shall re-advertise for bids in the same manner as in this section provided or advertis- ing ter bids in the first instance. Section 6. That within ten days from and after the date of the acceptance by the Council of any bid, the successful bidder shall make and enterE into a contract in writing with the said City of Laurel r6r the construction and completion of said improvements in accordance with the terms and conditions of such bid and the plans and specifications on file as aforesaid, and all resolutions and ordinances relating to the creation of said Special Improvement District No. 9; such contract on the part of the said City of Laurel shall be executed in its name and signed by the Mayor and attested by the City Clerk. Section 7. That each bid shall be accompanied by a certified check in the sum of One Hundred Twenty-five ($125.00) Dollars, drawn upon some responsible bank in Yellowstone County, Montana, and payable to the order of said City of Laurel* The certified checks accompanying all bids not accepted shall be returned to the respective owners thereof. The certified check of the successful bidder shall be held by the City pending the execution and delivery of contract and bond as in thke ordinance provided, and upon the execution and delivery thereof,such certified check shall be surrendered and returned to its owner; otherwise the same shall be forfeited to the said City of Laurel. - 3 W Section 8. That upon the execution of the contract hereinabove mentioned, the successful bidder shall execute and deliver to the said City of Laurel a good and sufficient undertaking in the penal sum of One Thousand ($1,000.00) Dollars, conditioned for the full and faithful performance by said bidder of all the covenants and conditions in said contract contained, and further conditioned that the said City of Laurel shall be saved and kept harmless from any and all liability for damages by reason of any negligent or unlawful acts of said bidder, his representatives, agents, servants, employees or sub-contractorp, in the construction and completion of the improvements covered by said contract or any part thereof. Such undertaking shall be approved by the City Council. Section 9. That payments to the contractor, on account of labor performed and materials furnished under said contract, shall be made monthly, immediately after the first regular meeting of the Council in each month, upon estimates to be furnished by the City Engineer and approved by the Council; provided, however, that twenty (20%) per cent. of the amount of each estimate shall be withheld until final completion of the work covered by said contract and its approval by the City Engineer and acceptance by the Council, at which time settlement in full shall be made with such contractor. Section 10. That all costs of engineering and inspection in connection with said improvements, the expense of publishing all notices, resolutions and ordinances relating to the creation of said District, the cost of bonds (or warrants), and the estimated cost of preparation of the assessment rolls of said District (excepting the cost of labor performed by any officer or regular employee of the City) and not exceeding ih the aggregate the sum of One Hundred Fifty ($150.00) Dollars, shall be paid out of the executive fund of said City from time to time as such ex- penses are incurred. All of such expenses, however, are hereby - 4 - declared to constitute a part of the original cost of said improve- merits, and shall be paid by the contractor into the executive fund of said City upon receipt of bonds (or warrants) covering the final estimate; the total amount of such expenses, in addition to the amount due the contractor under his contract, shall be included in the estimates of the City Engineer, and the contractor shall be repaid the full amount thereof in the same manner as payment is made of the principal sum specified in the contract. Section 11. That this is hereby declared to be an emergency ordinance, including only such measures as are immediately necessary for the preservation of the public peace, health and safety, and as such emergency ordinance shall be in full force and effect from and after its passage and approval. Section 12. All ordinances and resolutions and any and all parts thereof in conflict with the provisions of this ordinance are hereby repealed. yt,, Passed by the City Council and approved by the Mayor this day of Match, 1915. A. E. Strippo Mayor. Attest: 0. H. Bundy, City Clerk. - 5