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HomeMy WebLinkAboutOrdinance No. 122ORDINANCE NO. 1220 AN ORDINANCE RELATING TO THE CREATION OF SPECIAL IMPROVEMENT DISTRICT NO. 15 IN THE CITY OF LAUREL, MONTANA, FOR THE PURPOSE OF PAVING MAIN STREET FROM FOURTH AVENUE TO PENNSYLVANIA AVENUE AND A HALF BLOCK OFI' MAIN STREET OF FIRST, SECOND, THIRD, MONTANA, COLORADO AVENUES OF THE SAID CITY, AND SIXTY FEET SOUTH OF FURST AVENUE, RROVIDING THE MANNER OF DEFRAYING THE COST THEREOF; DESIGNATING THE PORTION OF SUCH COST WHICH 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 SAME IN PAYMENTOr' THE COST OF SUCH IMPROVEMENTS; PROVIDING FOR THE ADVERTISEMENT FOR BIDS FOR THE GNSTRUCTION OF SUCH IMPROVEMENTS? AND THE EXECUTION OF CONTRACT AND BOND BY THE SUCCESSFUL BIDDER. BE IT ORDAINED BY THE CITY COUNCIL OF LAUREL, MONTANA; Section I. That pursuant to the provisions of Resolution No. 91, provisionally passed by the Council of theCity of Laurel, Montana, on the 18th day of May.A.D.1915, and finally passed and adopted by said Council on the 15th day of June, A.D.1915, there is hereby created and established in said City of Laurel a Special-Improvement District, designated as Improvement District No. 15, for the ?)urpose of Paving Mai nStreet from Fourth "Avenue and a half block off Main Street of First, Second, Third, Montana, Colorado Avenues of the said City, and sixty feet South of First Avenue, the boundabies ofAhich said Special Improvement District are particularly described in said Resolution N6. 91. reference to which is hereby made. I . 0 M N Section 2. That the said lots or parcels ofland adjacent to the said improvements and contained within the boundaries of the improvement district as set out and described in section 3 of Resolution 91 which is hereby made shall be assessed Two Hundred Dollars ($200.00) per lot (or 4200sq. f t . ) exclusive of streets, avenues, alleys and public places. Section 3. That the remaining cost after having assessed those lots or parcels of land situate within the Special Improvement District as set out and described in Section 3 of ?resolution 91, making said improvements shall be paid by special assessments to be levied upon the lots and parcels of land situate within the said secondary Special Improvement District as set out and described to which reference is hereby made in Section 4 of Resolution 91. Each lot or, parcel of land within said district shall be assessed for that part of the remaining cost of said improvements which its area bears to the area of the secondary district exclusive of streets, avenues, alleys and public places. Section 4. That the entire cost and expense incurred in acquiring and constructing such improvements tobe defrayed 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 sections hereof particularly specified. Said bonds *or warrants) shall draw simple interest at the rate of six (6%) per cent per annum from the date of their registration, and shall mature ten years aEier their date of Ittuance. Section 5. That said special assessments shall be paid in ten equal annual installments, extending over a period of ten 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 INprovement District No. 15, and the owners and holders of said Special Improvement District bonds (or warrants) shall rely exclysively upon said fund for the payment of said bonds (or warrants). Section 6. That on Tuesday, the 6th day of July, 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 NU. 91, in accordance with the plans and specifications thereof now on file in the office of the City Clerk of said City 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 the Laurel Outlook, a weekly newspaper of general circulation published in said City of Laurel, the last of which publications shall be at least ten days prior to said 6th day of July, 1915. That the Council shall have the right to reject any and all bids, and in case all bids shall be rejected, or no bids shall be received, the Council may, at any time within six months from and after said date, re-advertise for proposals for bids for the performance of'said N ork as in the first instance, in which event the Clerk shall re-advertise for bids in the same manner as in this section provided. Section 7. That within fifteen days from and a fter the date of the acceptance by the Council of any bid, the successful bidder sh9Lll make and enter into a contract in writing with the sa1.d 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 spegifications on file as aforesaid, and all resolutions and ordinances relating to the creation of sad d Special Improvament District No. 15; 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 8. That each bid shall be accompanied by a certified check 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 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 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 forfeithed to the said City of Laurel. Section 9. That upon the execution of the contract hereinabove mentioned, the successful bidder shall execute and deliver to the s aid City of Laurel a good and sufficient undertaking in the penal sum of Ten Thousand ($10,000.00) 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 damage by reason of any negligent or unlawful acts of said bidder, his representatives, agents, servants, employees or sub-contractors, in the construction and completion of the improvements covered by said contract or any part thereof, and further the successful bidder shall execute and deliver to the said City of Laurel a good and sufficient undertaking in Phe penal sum of Two Thousand ($2,000.00) Dollars conditioned for` the maintenance, repair, replacing and keeping of said improvements in good con=dition for the period of three years subJect to the approval of the Council and the City Engineer. Section 10. That payments to the contractor, on a ccount of labor performed and materials furnished under said contr:q ct, shall be made monthly, immediately after the first reguUr 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 estima&6 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 11. 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 cost of preparation of the assessment robla of said District (excepting the cost of labot performed by any officer of megular employee of the City) and not exceeding in the aggregate the sum of Three Thousand Two Hundred (,200.00) Dollars, shall be paid out of the executive fund of said City from time to time as such expenses are incurred. All of such expense, hoNever, are hereby declared to constitute a part of the original cost of said improvements, and shall be paid by the contractor into the executive fund of said Gity upon receipt of bonds (or warrants) covering the final estimate; the total amount of such expense, in addition to the amount due the contractor under his contract, shall be included in the estimates of the City Engineer, and the contractor sh*.l b? repaid the full amount thereof in the same manner as payment is made of the principal sum specified in the contract. Section 12. 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, andas such emergency ordinance shall be in full force and effect from and after its passage and approval. Section 13. All ordinances and resolutions and any and all parts thereof in conflict with the provisions of thbd ordinance are hereby repealed, f- a Passed by the City Council and approved by they Mayor this day of Y , A.D. 1915. el?l Q M o . Attest: City Clerk.