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Ordinance 331 - Construction of Sidewalks & Curbsa ORDINANCE No. 331 AN ORDINANCE Providing for the Constriction of Sidewalks and Curbs in Front of Lots or Parcels of Land Within the City, the Assessment of the Cost Thereof Against the Property in Front of Which are Constructed, the Creation of a Fund to be known as the Special Sidewalk and Curb Fund and the Issuance of Warrants Against Such Pund. BE IT ORDAINED BY THE CITY COUNCIL OF THH,-CITY OF KALISPELL: Section 1. Whenever, in the judgment of the City Council, a sidewalk or curb should be constructed in front of any lot or parcel of land within the city it shall, by major- ity vote, order the construction of the same. 'The order shall, be entered upon the minutes of the Council, shall name the street or avenue along which said sidewalk or curb is to be constructed and shall specify the general character of material of which such sidewalk or curb shall be constructed. section 2. Thereafter the City - Clerk shall cause(to be published in one issue of a peper published in the 'City of Kalispell a notice that the City Council has ordered the con- struction of a sidewalk or curb giving the discription of the lot or parcel of land in front of which a sidewalk or curb is ordered constructed and the name of the street or avenue in which such sidewalk or curb is to be constructed, which notice shall state that if the owners or agents of the owners of lots or parcels of land in front of which such sidewalks or curbs have been ordered constructed shall fail for a period of thirty days after -the date of the publication of such a notice to cause such sidewalks or curbs to be constructed, the city will cause - such sidewalks or curbs to be constructed and will assess the cost thereof against the property in front of which the same is constructed. On or before the second day following the date of the publication of said notice, the City Clerk shall mail a copy thereof to the owner or agent of the owner of each lot or parcel of land in front of which a sidewalk or curb has been ordered constructed as specified in said notice. rl� INWAAMA roll Section 3. If the owner or agent of the owner of any lot or parcel of land in front of which any sidewalk or curb shall be ordered constructed shall fail or neglect, dur- ing such period of thirty days, to construct such sidewalk or curb, the City Council may cause the same to be constructed by the.letting of a constract for the construction thereof to the lowest responsible bidder after-advertiakng for bids for the construction thereof. Section 4. If the construction of such sidewalks or curbs is done by constrict after advertisement for bids, such advertisement for bids and contract may be for sidewalks or curbs in front of one or more lots or parcels of land as the Council shall determine. All sid-ewalks and curbs constructed in the City of Kalispell, shall be constructed in accordance with spec- ifications therefor prepared by the City Engineer. Any con- tractor to whom a contract is let for the construction of side waLks or curbs shall, be -fore commencing work, execute and de- liver to the city a good and sufficient bond in a sum not less than double the amount of the contract, whcih bond shall be con- ditioned for the faithful performance of all work done by him under such contract and shall further guarentee the maintenance and durability of said work for a period of not less than three years, which bond shall be approved by the Mayor. Section 5, The City Council, may, if it sees fit, lowest at any time let to the,*,responsible bidder after advertising for bids, a contract for the construction of all sidewalks and curbs, for aperiod of not to exceed one year, which may be ordered con- structed under the provisions of this ordinance and which have not been constructed by the owner or agent of the owner of the property, such construction to be in accordance with spec- ifications prepared therefor by the City Engineer and such con- tractor, before he commences any work under Ylis contract, shall be required to deliver to the city a good and sufficient bond in the sum of not less than five thousand dollars, which bond shall be conditioned for the faithful performance of all work by him done under the provisions of such contract and such spec- =13 ifications and shall also guarantee the maintenance and dur- ability of said work for a period of not less than three years. Section 6. Should the contract mentioned in Section Five of this ordinance be entered into, such contractor shall, within ten days after being notified to do so by the City En- gineer, proceed with the construction of any sidewalks or curbs previously ordered by the -Council which have not been construct- ed by the owner or agent of the owner and shall within forty five days thereafter fully complete the construction thereof in accordance with his contract and the psceifications for such work prepared by the City Engineer. Section 7. The cost and expense of the construct- ion of any sidewalk or curb caused to be constructed by the City Council under the provisions of this ordinance, which shall include costs of publication of notice, preparation of plans, specifications, maps, plats, engineering superintendence and inspection and preparation of -assessment rolls, shall be ass- essed against the lot or parcel of lend in front of which such sidewalk or curb is constructed. Section 8. The City Council shall annually and be- fore the first 11onday of October of each year pass and adopt a resolution levying qnd assessing a tax against each Lot or par- cel of land in front of Which sidewalks or curbs have been zzx- z±xxxtnt caused to be constructed under the provisions of this ordinance, which. resolution shall be in every manner prepared and certified the same as resolutions levying assessments for the making of improvements in epecial improvement districts. Section 9. There is hereby created a fund to be known as the 'Special Sidewalk and Curb Fund, in which fund shall be kept all assessments.and taxes collected pursuant to the resolutions levying and assessment and tax referred to in sect- ion eight of this ordinance, which fund shall expended by the City Treasurer for the purpose of paying varrants issued there on whenever such fund is sufficient to pay any of such warrants. S ection 10. Payment for thr construction of side walks or curbs constructed under the provisions of this ordi- n-ance shall be made by special warrants drawn against the Special Sidewalk and Curb Fund, which warrants shall bear inter- est, at the rate of six per cent per annum, and. the Council, when it passes and adopts a resolution levying an assessment and tax under the provisions of this ordinance, shall provide therein for the payment of said interest. Such warrants shall be substant- ially in the following form: UNITED STATES OF A11ERICA STATE OF MONTANA No $-- THE CITY OF KALISPELL SPECIAL SIDEWALK AND CURB FUND 'WARRANT VVARRANT No. KAKI SPELL, MONTANA —19— THE CITY OF KALI SPELL VVILL PAY TO or Bearer, out of any money in the Treasury belonging to the Special Sidewalk and Curb Fund, the sum of Dollars, on account of sidewalks or curbs, or both, constructed in said City. 'This warrant is issued under the authority of Chaper 89 of the Thirteenth Session of the Legislative Assembly of the State of Montana, approved 1.1'arch l4th 1913, and under ordinance No._ of the City of Kalispell. The principal and interest of this warrant are payable at the, office of the City Treasurer at Kalispell, Montana.,. This warrant bears interest at the rate of six per cent ( 6 per cent ) 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 P. Special Tax or assessment and is redeemable at the option of the City of Kalispell, at any time there is money to the credit of said SpecipJ Sidewalk and Curb Fund and in the manner provided for the redemption of the same. The holder of this warrant shall have no claim therefor against said City in any event except from the'collection of special assessments made to defray the cost of sidewalks or curbs or both under the authority of ordinance No. of the City of Kalispell, for which this warrant is is : sued and his rernedy in case of non-payment shall be confined zo the en- forcment of such assessment. it is hereby certified and recited, that all things requir- ed to be done precedent to the issuance of this warrant, have been properly done, happened and performed in the manner pre- scribed by the laws of the state of Montana and the resolutions and ordinances of the City of Kalispell, relating to the issuance thereof, and the interest coupons hereto attached are signed with the fac-simile signatures of the 1Kayor and City Clerk. THE CITY OF KALISPELL By Mayor City Clerk Registered in the office of the City Treas- urer of the City of Kalispell, Montana, this day of 19 City Treasurer. Section 11. The coupons attached to the warrants, provided for in section ten, shall be in substantially the fol- lowing form. COUPON No. Kalispell, 1,17ontana., On January 1, IQ,-, the City Treasurer of Kalispell, H-lontana, will kx at his office in the City of Kalispell, pay to CITY OF KALISPELL or bearer, the sum of By _R1_q1GU14_n7e1 Doallars, being the interest on Mayor W1 said date of payment on its Spec- Attest ial Sidewalk and Curb Fund Warrant R. R. Rollins 17�' o . City Clerk. Section 12. The payment of assessments to defray the cost of construction of sidewalks ar curbs constructed under the provisions of this ordinance shall be spread over a term of five years unless the Council shall order the payments to be spread over a different term, such term in no event to exceed eight years and payments shall be made in equal annul installments and payments of interest shall be made on the first day of January of each year. Section 13. The City Treasurer shall collect the spec- ial assessment or tax levied by the City Council under the provis- ions of this ordinance with interest as herein provided, such inter- est 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 assess- ed for sid-ewalk or curb under the provisions of this ordinance to pay the cost and expenses of construction with interest to the date of payment. Section 14. The cost and expenses of the construction of sidewalks and curbs under the provisions of this ordinance shall be a. lien upon the lot or parcel of land in front of which the same is constructed and when any one of the payments assessed and levied by the City Council shall become delinquent the property against wh which the same is levied and assessed shall be sold by the City Treasurer the same as the sale of property for non-payment of ass- essments and levies for the making of improvements in special im- provement districts. Section 115. The provisions of all ordinances in con- flict- with thisordinanceare hereby repealed. Section 16. This ordinance shall take effect thirty days after its passage and -approval. Passed by the City Council June 5th 1916. Approved by the Mayor June 5th 1916. R. Pauline, V. ayor. Attest, R. E. Rollins, City Clerk. ME ME STATE OF MONTANA COUNTY OF FLATHEAD) SS C I TY OF KALI SPELL I, R. F. Rollins, City Clerk of the City of Kalispell, do hereby certify that on the 7th day of June 1916, 1 posted a copy -'-of the foregoing ordinance in my of- fice and that the same remained posted for a period of five days, and that the foregoing record is a true copy of the ordinance as passed by the Council. of June 1916. Witness my hand this the 15th day City 'Clerk.