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HomeMy WebLinkAboutOrdinance No. 133k • ORDINANCE NOa133. Creating SpecialI*rovement District No. 23 within the City of Laurel, Montana, for thg purpose of paving Main Street and intersecting streets and avenues within the City of Laurel. Providing for the manner of defraying the cost thereof, de#igaating the portion of such cost which is to be paid 'by such eA ire ifpmovement district, creating a fund for such district, providing for the issuance of bonds W warrants against the same in payment of the cost of such improvements, providing for t$ advertising for bids for the construction of such improvements, a?. the execution of the contract by the successful bidder. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAUREL, MONTANA. SECTION 19 That pursuant to the provisions of Resolution No. 117, provisionally passed the 20th day of June, A.D.1916,'and finally passed and adopted by the City Council on the 10th day of July, A.D. 19169 there is hereby created and establidied within said City of Laurel, a Special,Improvement District, designated as Special,-'Improvement District No. 23, for the purpose of paving Main Street and intersection streets and avenues within the said City of Laurel, and.the boundaries of which said Special Improvement District are particularly described in the said Resolution No. 117 reference to which Is hereby made. SECTION 2. ThatIthe entire cost of making said improvements within said Special Improvement District shall be paid by special assessment to be levied upon the lots and parcels of land Situate within the said district: The said special assessment shall be made upon an area basis and that for the purpose of assessment only the said special improvement district shall be sub-divided into three divisions$ known as A, B, and C, amd that each lot or parcel of land situate within the respective improvement districts, shall bear that portion of the whole east which its area bears to the area of the respective subdivision, 9*clusive of streets,avenues,alleys and public paces. SECTION 3, That the entire cost and expense incurred is acquiring and constructing such improvements to be defrayed by special asse8s1;ents as above specified shall be paid by Qpecial improvement bonds (or warrants) in the denomination of f ve hundred dollars ($500) each, issued or drawn, against The soial improvement district fund in the next succeeding sections h reof particularly specified. Said bonds (or warrants) shall d0aw stele interest at the rate of six per cent. (6%) per annum ftom the date of their registration, and shall mature twelye years a?ter their date of issuance, and are redeemable at any time the treasurer may call for them. SECTION 4. That said special assessment shall be paid in twelve equal annual installments, extending over a period of twelve years, beginning with the year 1916, and shall be collected in the manner provided for the collect-ion 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 m nstitute a fund to be known as the "Fund of Special Improvement District No. 23", and the wners and holders of said Special Improvement ]district bonds (or warrants) shall rely exclusively upon said fund for the payment of said bonds (or warrant Q). SECTIONS. That on the 15th day of August, A.D.1916, at 8 o'clock P,H. at the Council Chamber in the City Hall, at Laurel, Mgntana, the City Council will receive and open sealed bids for the construction of the improvements particularly mentioned in said Resolution No»117, in accordance with the plans and specifications thereof now on file in the off ice of the g1ty Clerk of the said City of Laurel, reference to which is hereby made; and the City Olerk is hereby directed to publish notice of the time and place of receiving and opening such bids in two successive issues of the Laurel Outlook, a weekly newspaper of general circulation published in the said City of Laurel, the last of which publication shall be at least ten days prior to the said 15th day of August, 4 A.D.1916. 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 the performance of said work 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 6. That twithin fifteen days from and after the date of 01he 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 construct-lion and completion of said iftl4vemmts 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. 23; 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 Clerk. SECTION 7. That each bid shall be accompanied by a certified check for not less than twenty per cent. (2o%) 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 shall be returned to the respective owners thereof, The certified cheek 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. SECTION 8. That upon the execution of the contract hereAnAbove mentioned, the successful bidder shall e xecute and d.eli?er to the said City of Laurel a good and sufficient undertaking in t? penal sum of five thousand dollars ($5000), conditioned for I L? the full performance by said bidder of all the covenants and conditions in said contract contained, and further conditioned that the said City of Laurel shall be saved and kept harmless from any and all liability for damage by reason of any negligent or unlawful acts, of said bidder, his representatives,agente,aervants, employees or sub-contractors, in the construction and completion of the improvements covered by said contract or any part thereof. Such undertaking shall be approved by the City Council. SECTIMI 9: That thepayments to the contractor, on account of labor performed, and materials furnished under said contraet,shall be made monthly, upon estimates to be furnished by the City Engineer and approved by the council; provided,however, that 20 per cent. of the amount of each estimate be withheld until final completion of the work covered by said contract and its approval by the City Engineer and acceptance by the Council at which time settlement in full shall be made with such contractor. SECTION 10« That all costs of engineering and inspection i.,connection with said improvements, the expense of publishing all notices,resolutions and ordinances relating to the creation of said district, the cost of blank bonds (or warrants), and the estimated co ;t of preparation of the assessment rolls of said district (excepting th cost of labor performed by any officer of regular employee of tho City) and not exceeding in the aggregate, the sum of two thousand do;lars ($ZOOO) shall.be Na,id out of the executive fund of said city from time to time as such expenses are incurred. All of such expense, however, are hereby dedlared to constitute a part of the roiginal cost of said improvement8, 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 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 C shall be repaid the full amount thereof in the same manner as payment is made of the principal sum specified in the contract. Y SECTION 11. That this is hereby declared to be an emergeony ordinance,including only such measures as are i=ediately 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 la. All ordinances and resolutions and any and all partis thereof in conflictwi-th-';the provisimns of this ordinance are hereby repealed. Passed by the City Council and approved by the Mayor this ? g day of A.D. 1916. Ma)rore Attest: City Clerk* f. ?