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HomeMy WebLinkAboutOrdinance No. 136 OHDXNANCE No- 1360 Creating Sps>sctal Lighting Impro`?ement District . 25 Nithin the ity of baural oMontana, for the purpose of U.i tina Main Street and oortaia intersecting Streets and AYenues *t hin hs Cite of Limrel Prwriding for the manner of defraylug cost, tahereafo des aa;#1ng the portion of such east whioh is bce paid by special 4smo s ement g creating a fund for suoh Zstriotj prove for the issuance of bonds or warrants against eke name in paym of the cost of such improvements; providing tOr the Payment of the mainten_:nca of such improvements for the firsat year and for the r,tdvertisi.ng for bids for the donstruotion Of,.. such improvements and the execution of the contraot by the "Poe saf bi;dder. 49 IT ORDAINED R' THE CITY COUNCIL OY THE CITY OF LAMREL, N4"TTANA: Seatton ,. That pu*saant to the provisions of Res olutim ;9123# provisionally passed the 81st day of August, A.D,1916, 4%d finally passed and adapted by the City Council on the Sth day Sept emaea:,,1«. .l il5# there Is hereby created and established iF,"# the saki City of Laurelp a Special Lighting Improvement Ostricto desigeatO as Spo tal„ Lighting Improvement District Nip. S5, for the purpose of ligbting lktin Street and intersecting ssrtreots 0r3. avenues within the earl. Qi, y of Laurel, and the bouudari.es of ibldh said Special hi,ghting Xvproverient District are particularly described in the said Resolution No. 133 reference to which is horeby made, Seati,on S. That tahre"tot rthe of the entire east of arooti.ng and-maintaining the posts,wires,pipesa,ccOduits, lamps aad other suitable a,nd noosesaxy? appliazoes for the purpose $f lighting said streets and avenues and public highways and of *he anew cost of supplying alse>'atrical current for the maintaining Of the lights thereon for the first year shall be paid by special eassm ent levied upon the sots or parcels of land situate within the bourA&rie+s of the said district. Each lot or lots or parcels of 14W situate within the said district shall be assessed for that artion of the lots or parcels of land so abutting the street or Oky*=O' to Ughtsd ih the portion which the street frontage of each J*t or parcel of 1"d bears to the street frontage of the entire di# mot to be lighted,."cal'lusive of streets,avenues.alieys a d public plataes. That the raining one- faarth of the entire o0t of orectirig and as 4ntaiaiag poste, wire+a,pipes,condui,ts„ d other suitable 4nd nooeiasary appliances for the PUTP030 esf,A,j htiag such strsets0av*Au0z and public places and of tho sT4=1 cost of supplying electrical current for maintaining lighta theic LA auab district aball be paid by the City out of the feral, nd. Section 3* That the entire cost and expense incurred 11% oqui.ring and Malzitaining such improvements to be defrayed by' special assessment as above specified sha&l be paid by special iw;"vement bonds or warrants in the denomination of One Hundred. Dol,ia.ra (41,00) each# i.ssuoa or Uawn against the Special Lighting Uprovement Di,striot ruud In the next succeeding sections hereof Votiaularly sapsolfled. The said bonds or warrants shall d.xaw ssw interest at tho rate of six per oertsper annum frOlun 00 date of their Vagistrstion end shall "'a.ture eigbt years a?ftor t40ir ate of issuance, and are redeemable at any time the treasurer 147 OSU for them. Section 4. That the said special assessment shall be et< t equal a nual, 111sta.llmenta, extending over a period of et t yWs,baginning triVA the year 1917m and shall be collected 1t*,,t6p.VW*r providod ftr the collection of said iapecial assessments ,A #w provided for under the Iowa of the State of Montana. All mlaseys d6 rived from the collection of the said special aseee,sments s l constitute a fund to be known as the *Fund of 5peci e.1 and the owners and holders d LighAng Improvement District Na#° sod "tea Lighting Improvement District Bonds or warrants shall re,1y exclusively upon said fund for the payment of s "d bonds, warrants. Section 5. That on the Ud day of October, A.D.1916, at W W*looh P.M. at the aounoil Chamber in the City Halls, at Laurel, V?ntMA, the Citg 00=0U will re04ve and open ceale d 'bi.ds for Of 00n0truotion of the i,mpr©vements particularly mentioned in said solution 1b. 133, in accordance with the plane and speoiflo*tions thereof now on filo in the office of the pity Clerk of the said City 0t,Z=Xel,rafqr*ncme to whiah is hereby made] and the 01-ty Clark is A.OrebYi dirsatsd to P%b l$h Wtioe of the time and place of receiving :std opening such bids in two successive issues of the Laurel Outlook, a w00411 newspaps,r Of geUerm. 01rcUlation published in the said City W 1AUrel, the last of which publleattons shall be at least tan days Prior th the said 3rd UY of October, Aa.D.19116. That the council ;shall have the fight to reJeot any and all bids, and in case all 1K44 SWI1 be re jeoted# or no bids shell be received, the Council may, At any time within six months from and. after said date, re-advertlse 'for :,V9pta"l8 foe a perforce of said work as in the first ,440vmesin which event the Cilsrk shall areQ&dvertise for bids in 't'he same mariner as in this a,sotion provided,. Se®tXon 6. That *ithitt fifteen days from and after the date of they aooesptan©e by the psunoll of any bid, the suaoessfa3 144dd.e r shall make and enter into a contract, In writing with the said :;ity of Laurel for the conatructi,on and asmpletion of said improvements 3.n acoordanoe with the germs and conditions of such bid and the 'plans and speacalfioati.ons on file as aforssaid,and all resolutions ,d Ad, ordinances relating to the creation of said special improvement d#,atrict N9.2$; ah contract on the part of the said City of laurel sha2.1 be executed in Its name and signed by the Mayor and attested by the Cle;ri,. Section. 7w 74at saoh bid shall be aocompani.ed by a 0orti.fied check for not lose than tan per cent. (10%) of the Weagate amount of such bid, drawn upon some responsible bank In Tollowstone Qo=ty#X**tana;# and ;payable to the order of said city of uaC'el The esat iflod chooks acoompmying all bids shall k A$ - VO retWnsd to tiie respective owners thereof. The certified Oko of 1h e successful bidder shall be held by the City pending ?e **eoutian and delivery of contract and bond as in this ord„$nw# VV9v1- 4*d# a up9n the exsvetion and delivery thereof such certified dbeck !all be surrendered. ,.act retarned to its owner; otherwise 010 .000 .all be forfeited to the said City of Laurel. Section .Sr That upon theezeoution of the Contract l *rei,A%bovo meat ionads the successful bidder shall execute and Oliver to the said Olty caf Laurel a good and suffioient undertaking In *be penal sum of light Thoueand Dollars ($8000),, conditioned for the 1 performance by said bidder of all the covenants _..'Lnd conditions $a ami4,contraot contained$ and.further conditioned that the said Otty of Laurel ahall be saved gad kept harmless from any and all .lability for duuWe by reason of any negli:-ent or unlawful aota,, f said bidder, his representatives* agenta.servants.employees or #?b oaatraotDrs,,:; conatruot1pn and completion of the Wrovemeuts covered by said contract or any part thereof. Such =48rtaking shall be approved bsi the (pity Cwumil. Aection 9* That the payments to the oontraotort can *9count of labor pewformedj and materiLyls furnished under said oo?nt.,raot, shall be made m.onthlyoupon eatimates to be furnished the City Englueor aid, approved by the Coun cillprovided.,however, t 24 per vent. of the aao=t of each estimate be withheld until Onal aomplstion of the work covered by said contract and its Okppr+ov4 by the City sneer and acceptance by the 0ouncil at which time settlement in full shell be made with cuoh contraclcor. Section 10. That all costs oZ t3nginssring and Inspection ?n connection with saAd improvements# the expense of publishing all "tic 4e solu'ti+" acid ordinances relating to the oreAtion +df said ,,a.krtot..O the cost of blx* bomdo., '(ft varmints) s s the estimated, #eat of preparation of the asaeoOment Ile of said district (e xcep°ting cost of labor Perfumed by any officer of regular **ploy** of t1a ?to 4 44 not ex0ee00ag in the aggrsgate* they sum of dollars..." ., ,. W .? . .. . , shall be p d out of the szo tiv+e fiend of said city f raw ttze to time ag WWso. %re AO red. All of such eXp,enosr however, are hereby 4ealared to o titute a part of the origlnal vast of said improveement® and shall be paid lob' the contractor into the executive fund of said tlky upon rooolpt, bonds (or wMX-Pa .te) covering the final estimate; .th* natal ammzut of such szpens9#1n addition to the am t due the cout'vactor under his con.traotoU41 be included in the esti,l,tes of : the Otty ftgineor and the contraotor shall br rep aid the full amwant thereof in the a=e runner as payment is made of the pri nab am specified in the oontrKot. Section l1. All orUnanoes and resolutions any any and parts thereof in acnf'iiot with the provisions of this orAinanae sire hereby repealed. Passed by the City Council and approved by the 9,,.yor Lhie O h day of'8eptsmber,#- A..D.1916. A.X«STRIPP sM yor. Attests ©.R.BUNDT, City 0lerk. 0