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HomeMy WebLinkAboutOrdinance No. 116 ORDINANCE NO. AN ORDINA a RELATING TO THE CREATION OF SPECIAL I OVEMSNT DISTRICT NO. 10 IN THE CITY OF LAUREL, MONTANA, FOR x PURPOSE OF LAYING NXTENSIONS TO THE SEINER ]GAINS OF SAID CITY; PR IDING THE MANITER OF DEMAYING THE COST THEREOF; DESIGNATING T PORTION OF SUCH COST WHICH IS TO BE PAID BY SUCH ENTIRE I OVEMENT DISTRICT; CREATING A FUND FOR SUCH DISTRICT; PROVIDING FO THE ISSUANCE OF BONDS (OR WARRANTS) AGAINST THE SAME IN PAYMENT OF HE COST OY SUCH IMPROVEMENTS; PROVIDING FOR THE ADVERTISEMENT FORBIDS FOR THE CONSTRUCTION OF SUCH IMPROVEMENTS, AND THE EXECUTION OF CONTRACT AND BOND BY THE SUCCESSFUL BIDDER. BE IT ORDAIMED 13Y THE CITY COUNCIL OF LAUREL, MONTANA: Section 1. That pursuant to the provisions of Resolution No 85, provisionally passed by the Council of the City of Laurel, Mo tana, on the 23rd day of February, 1915, and finally passed and ad pted by said Council on the 23rd day of March, 1915, there is here- by created and established in said City of Laurel a Special Improve- me t District, designated as Improvement District No. 10, for the p pose of laying extensions to the sewer mains of said City, the bo ndaries of which said Special Improvement District are particularly de cribed in said Resolution No. 85, reference to which is hereby Section 2. That the entire cost of making said exten- ns and improvements shall be paid by special assessments to be ied upon the lots and parcels of land situate within the said trict, and each lot or parcel of land within said district shall Id sed for that part of the whole cost of said improvements asses ch its area bears to the area of the entire district, exclusive streets, alleys and public places; T', Section 3. That the entire cost and expense incurred in acquiring and constructing such improvements to be defrayed by apecial assessments as above specified shall be paid by special iinprovexment bonds (or warrants) in the denomination of One Hundred (0100.00) Dollars each, issued or drawn against the Special Improve- mlent District fund in the next succeeding section hereof particular- ly specified. Said bonds (or warrants) shall draw simple interest EJt the rate of six (6%) per cent* per annum from the date of their registration. Section 4. That said special assessments shall be paid in eight equal annual installments, extending over a period of eight years beginning with the year 191.5, and shall be collected in the manner provided for the collection of other special assessments row provided for under the laws of the State of Montana. All moneys derived from the collection of said special assessments shall con- sItitute a fund to be known as the "Fund of Special Improvement 6,,istrict No. 100, 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 20th day of April, 1915, at eight o'clock P. M., at the Council Chamber in the City Hall at Laurel, Montana, the City Council will receive and open sealed bids for the construction of the improvements particularly mentioned in said Resolution No. 85, in accordance with the plans and specifica- tions thereof now on file in the office of the City Clerk of said, ?ity of Laurel, reference to which is hereby made, and the City Clerk is hereby directed to publish notice of the time and place of receiving and opening such bids in two successive regular issues of I t I?the Laurel;outlook, s weekly newspaper of general circulation Of Laurel, the last of which publications published in said City ;. shall be at least ten crys prior to said 20th day of April, 1915' and all bids, That the Councail shall have the right to reject any no bids shall be and in case all bids shall-be rejected, or n six months from and received, the Council may. at any time within after said date, re-advertise for proposals for bids for the performance of said work as in the first i?tanoe, in wbioll event the t;berk shall re•advertiss fat bids in the same manner as in this section provided. 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 enter into a contract in writing with the said City of Laurel for 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. 10; 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 aback for not less than ten (10%) per cent. of the aggregate amount of such bid, 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 The certified shall be returned to the respective owners thereof. check of the successful bidder shall be held by the City pending the execution and delivery of contract and bond as in this 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. i I 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-contract- ore, 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 8. That payments to the contractor, on account of labor performed and materials furnished under said contract, shall be made monthly, im ediately after the first regular meeting of the Council in each month, upon estimates to be furnished by the City Sngineer 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 acceptawce 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 blank bonds (or warrants), and the estimated coat 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 in the aggregate the sum of FI Five Hundred Fifty (4550.00) Dollars, shall be paid out of the cutive fund of said City from time to time as such expenses incurred. All of such expenses, however, are hereby sclared to constitute a part of the original cost of said mprovements, and shall be paid by the contractor into the xecutive fund of said City upon receipt of bonds (or warrants) overing the final estimate; the total amount of such expenses, n addition to the amount due the contractor under his contract, 1 be included in the estimates of the City Engineer, and the tractor shall be repaid the full amount thereof in the same as payment is made of the principal sum specified in the ontract. Section 11. That this is hereby declared to be an rgency ordinance, including only such measures as are immediate- necessary for the preservation of the public peace, health and fety, and as such emergency ordinance shall be in full force and ffect from and after its passage and approval. Section 12. All ordinances and resolutions and any and 1 parts thereof in conflict with the provisions of this ordinance hereby repealed. Passed by the City Council and approved by the Mayor s 23rd day of March, 1915. Mayor. City Clerk.