Ordinance 846 - Sidewalk & Curb Inspection380
NO. 846
AN ORDINANCE TO AMEND SECTIONS 24-25, 24-26, 24-28 and 24-33 OF
THE K.ALISPELL CITY CODE TO PROVIDE FOR INSPECTION BY THE CITY
ENGINEER OF SIDEWALKS AND CURBS CONSTRUCTED IN THE CITY AND TO
PROVIDE FOR CONDEMNATION OF DEFECTIVE WORK AND MATERIAL WITHIN
TH.42FE (3) YEARS; TO PROVIDE THAT COSTS OF SIDEWALK AND CURB
CONSTRUCTION SHALL INCLUDE THE CITY'S COSTS AND CHARGES OF
ADMIN?STR7ITION; TO PROVIDE THAT PAYMENT OF COSTS MAY BE SPREAD
G+;ER A TERM OF UP TO EIGHT YEARS BUT NOT LESS THAN FIVE YEARS;,
TO PROVIDE THAT INTEREST ON SIDEWALK AND CURB WARRANTS MAY BE
SET BY THE CITY COUNCIL AT A RATE NO GREATER THAN ALLOWED BY
LAWS OF THE STATE OF MONTANA; TO PROVIDE THAT COSTS OF SIDEWALK
AdD CURB REPAIRS SHALL BEAR INTEREST AT THE SAME RATE AS CON-
STRUCTION WARRANTS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL,
MONTANA, AS FOLLOWS:
Section 1. Section 24-25, Kalispell City Code is hereby
amended to hereafter provide:
"All work constructed under this article or rules or
regulations authorized hereunder shall be subject to rigid
supervision by the city council, or its authorized repres-
entative, and before the rendering of any estimate for the
payment of such work, all walks and crossings shall be
carefully inspected and sounded by the City Engineer for
defects and any hollow or otherwise defective blocks or work
shall be cut up and replaced by the contractor at his own cost. ,
Material that has been delivered in connection with the
provisions of this article and condemned as not complying
with this article shall be removed therefrom within forty-
eight hours after having been condemned. Defective -work or
material may be condemned at any time, either before or
within three years from the date of acceptance of work by
the city council. When such work has been condemned, it
shall, within ten days of time of condemnation by the city
council, be removed and replaced by the contractor in
accordance with this article or the rules or regulations
authorized hereunder."
Section 2. Section 24-26 of the Kalispell City Code is.,
amended to hereafter provide:
"The cost and expense of the construction of any side-
walk or curb caused to be constructed by the city council
under the provisions of this article shall be assessed
against the lot or parcel of land .in front of which such
sidewalk or curb is constructed. Such costs and expenses
shall include a reasonable stun to cover the city's costs
and charges of administration hereof; said sum shall be
set by the city council annually on either a square foot,
lineal foot or percentage basis and same shall be included
in the notice provided, for by Section 24-22 of this code.
The payment of assessments to defray the cost of
construction of sidewalks or curbs constructed under the
provisions of this article shall be spread over a term of
no more than eight years unless the council shall order a
shorter period, but full payment may not be required for
a term of less than five years, Such payments shall be
made in equal annual installments and payments of interest
shall be made on the first day of January of each year.
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The county treasurer shall collect the special
assessment or tax levied by the city council. under the
provisions of this article with interest as herein
provided, such interest to run from the date of the
registry of the warrant, and the city treasurer shall
at any time permit the owner of any property assessed
for sidewalk or curb under the provisions of this arricle,
to pay the cost and expenses of construction with interest
to the date of payment."
Section 3. Section 24-28, Kalispell City Code, shall be
amended to hereafter provide:
" Payments for the construction of sidewalks or curbs
constructed under the provisions of this article shall be
made by special warrants drawn against the Special Sidewalk
and Curb Fund, which warrants shall bear interest at a rate
as provided by the council, but at no greater rate than is
allowed by the laws of the State of Montana, payable annually
and the council when it passes and adopts a resolution
levying an assessment and tax under the provisions of this
article, shall provide therein for the payment of the interest.
Such warrants shall be substantially in the following form:
No.
UNITED STATES OF AMERICA
STATE OF MONTANA
THE CITY OF KALISPELL
ISPECIAL SIDEWALK AND CURB FUND WARRANT
WARRANT NO. $
KALISPELL, MONTANA
19
THE CITY OF KALISPELL WILL PAY TO
or bearer, out of any money in the treasury belonging to the
Special Sidwalk and Curb Fund, the sum of
Dollars, ($ ) on account of sidewalks or curbs, or both,
constructed in the city. This warrant is issued under the
authority of the state statutes and under the ordinance of
the city. The principal and interest of this warrant are pay-
able at the office of the city treasurer. This warrant bears
interest at a rate of percent ( %) per annum from the
date of its registration as expressed hereon, until the date
called for redemption by the city treasurer. The interest on
this warrant is payable on the first day of January in every
year until the payment of this warrant as expressed by the
interest coupons hereto attached. This warrant is payable
from the collection of a special tax or assessment and is
redeemable at the option of the city at any time there is
money to the credit of the Special Sidewalk and Curb Fund
and in the manner provided for the redemption of the same.
It is hereby certified and recited, that all things required
to be done precedent to the issuance of this warrant have been
properly done, happened and performed in the manner prescribed
by the laws of the state and the resolutions and ordinances of
the city, relating to the issuance thereof, and the interest
coupons hereto attached are signed by the mayor and city clerk.
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382'
THE CITY OF KALISPES,L
Bye=��>% 1
'i ATTEST: --- Mayor
City Clerk
Registered in the office of. the Citv Treasurer of the Cite
of Kalispell, Montana, this day of lg_
City Treasurer
The coupons attached to the warrants, provided for in this
section, shall be in substantially the following form:
COUPON NO.
Kalispell, Montana
On January 1, 19 , the City Treasurer of Kalispell, Montana,
will at his office in the City of Kalispell, pay to
or bearer, the sum of Dollars, being the interest
on the date of payment on its Special Sidewalk and Curb Fund warrant.
CITY OF KALISPELL
BY
ATTEST: —T Mayor
City Clerk -
Section 4. Section 24-33, Kalispell Citv Code, is herebv
amended to hereafter provide:
"All repairs to sidewalks referred to in this section,
made by the 'city shall be paid out of the general fund, and
the city clerk shall keep a separate account of the cost of
such repairs and charge the abutting property therewith, and
shall certify to the city treasurer a list of all property
chargeable with repairs of sidewalks, with the amount of the
cost of repairs for which each separate parcel is chargeabble,
to which cost he shall add interest at the same rate as set
by the council to be paid on construction warrants as provided
herein, from the date of the incurring of such charge by the
city, and -ten per cent additional to cover "costs and charges
of administration. Such items shall constitute a tax against
the property affected thereby, and such tax shall. be collected
or the property sold for delinquency as in the case of
special improvement assessments. All taxes collected under
the g o '.sions of this section sh 1 be placed in the general
nd of he city."
PASSED BY THE CITY COUNCIL 91 HE CITY OF KALISPELL, MONTANA, AND
APPROJ� THE NY 3 ST DAY OF D FR , 1975.
OVA
1, Geo Beards9. ity Cle of th /aspassr
ispell, Montana o c rtify that on
the �� dNy , 19 ,el a ony of th Dreg ing ordinance
In my ffice, and he same a ainnd Postedei of five d ys, rd 4:ha foegj
Is a true and correct copy of the ordinanc by the C t Cou il: ��