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Resolution 3180 - Creates SID 326RESOLUTION NO. 3180 A RESOLUTION CREATING SPECIAL IMPROVEMENT DISTRICT NO. 326 FOR THE PURPOSE OF CONSTRUCTING STREETS, CURBS AND CUTTERS, WATER FACILITIES AND A SANITARY SEWER SYSTEM. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA: WHEREAS, on the lst day of May, 1978, said Council did pass and adopt Resolution No. 3163, a resolution of intention to create Special Improvement District No. 326; and WHEREAS, the City Clerk of said City did give Notice of the passage of said resolution by publishing same for five successive days in the Daily Inter Lake, a daily newspaper published in Kalispell, Montana, beginning on June 11, 1978, and also on June 11, 1978, true copies of said Notice were mailed to all pers6ns, having real property within said district; and WHEREAS, on the 7th day of July, 1978, at the next regular meeting of said Council the Council did conduct a hearing on said Resolution No. 3168, and no protests, written or oral, were made or presented against creating said Special Improvement District No. 326. NOW THEREFORE, said council does hereby create Special Improvement District No. 326 for the purpose of constructing streets, curbs and gutters, water facilities and a sanitary sewer system in that certain area described as follows: Lots 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43 and 44, Park View Terrace Addition No 1., Addition No. 85 to Kalispell. The approximate cost of said improvements is estimated to be Seventy Five Thousand Dollars ($75,000.00). The cost of said improvements will be assessed against all of the property within the district as follows. Costs::of construction of streets, curbs and gutters plus one-half of the engineering and administration costs on the basis of the proportion that the lineal feet of said parcel affronting upon said street bears to the total lineal feet of said street within said district; costs of water facilities and sanitary sewer system and one-half of the engineering and administration costs for that part of the whole cost which its area bears to the area of the entire district. Said cost may be paid in full upon completion of the contract, or in ten equal annual installments extending over a period of ten years. PASSED AND ADOPTED THIS 7th DAY OF JULY 1978, BY THE CITY OF,KALISPELL, MONTANA. Mayor ATTEST:., City Olerk 4 the undersigned, City Clerk of the City of Kalispell cextify that the foregoing is a true opy of the Resolution duly passed by 5he City Councilof the City of Kalispell, Montana at a -egular meeting held the "Aday of City Clerk f the City of Kalispell, Montana NOTICE OF SALE OF SID 326 BONDS CITY OF KALISPELL, MONTANA NOTICE IS HEREBY GIVEN by the City Council of the City of Kalispell, Montana, that the said City Council will, on the llth day of September, 1978, at the hour of 7:30 p.m. in the Council Chambers of the City Hall in Kalispell, Montana, sell to the highest bidder for cash, either amortization or serial bonds of Special Improvement District No. 326 of the City of Kalispell, Montana, in the total amount of Seventy Five Thousand Dollars ($75,000.00) for the purpose of defraying the cost of the construction of streets, curbs and gutters, water facilities and a sanitary sewer system located on Lots 33 through 44, Park View Terrace Addition No. 1, Addition No. 85 to Kalispell. Amortization bonds will be the first choice and serial bonds will be the secord choice of the Council. The boundaries of SID 326 are given in Resolution No. 3180 dated July 7, 1978. If amortization bands are sold and issued, the entire issue may be put into one single bond or divided into several bonds, as the Council may determine at the time of sale, both principal and interest to be payable in semi-annual installments during a period of ten years from date of issue. If serial bonds are issued and sold, said bonds will be in the amount of One Thousand and no/100 Dollars ($1,000.00) each, numbered from one (1) to seventy five (75), both inclusive, and said bonds shall become due and payable on the lst day of January, 1989. The said bonds, whether amortization bonds or serial bonds, will bear date of issue of October 1, 1978, and will bear interest not exceeding the maximum rate per annum permitted by the laws of the State of Montana, payable annually on the 1st day of January, 1980, and on the lst day of January of each year thereafter; provided, however, that said bonds, and each and all of the same, shall be redeemed at the City of Kalispell at any time when there is sufficient money in said SID 326 fund., against which said bonds are issued, available therefore, said redemption to be made as provided by law; provided, further, that the City Treasurer shall first pay out of said SID 326 fund, annually, the interest on all outstanding bonds upon presentation of the coupons belonging thereto, and all monies remaining in said fund shall be applied to the payment of the principal and the redemption of the bonds in the order of their registration. Said bonds will be sold for not less than their par value with accrued interest to the date of delivery, and all bidders must state the lowest rate of interest at which they will purchase the bonds at par. The City Council reserves the right to reject any and all bids and to sell said bonds at private sale. All bids other than on behalf of the State Board of Land Commissioners of the State of Montana must be accompanied by a certified check in the sum of Seven Thousand Five Hundred Dollars ($7,500.00) payable to the order of the City Clerk of the City of Kalispell, Montana, which will be forfeited by the successful bidder in the event he shall fail or refuse to complete the purchase of said bonds in accordance with the terms of his bid. All bids shall be addressed to the City Council of the City of Kalispell, Montana, and delivered to the City Clerk of said City. DONE BY ORDER OFTiE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, THIS DAY OF 1978. Marge/Giermann, Acting City Clerk Publish: 8/15/78 8/22/78 -ff/ 2 9 / 7-8 §/5/-78 NOTICE OF CALL FOR BIDS CITY OF KALISPELL, MONTANA SID 326 NOTICE IS HEREBY GIVEN, that sealed proposals for the construction of streets, curbs and gutters, water facilities and a sanitary sewer system for the City of Kalispell, Mont- ana, will be received by the City Council at Kalispell, Montana, until 7:30 p.m., September 11, 1978. All proposals shall be addressed to the City Clerk, City of Kalispell and plainly marked "STD 326 Construction." At a meeting of said council at said time and place said bids received will be publicly opened and read; bids received thereafter will not be considered. The work involved is for the construction of work for SID 326 created on July 7, 1978 by Resolution No. 3180 as specified in plans and specifications as outlined and on file at the following address: Thomas, Dean & Hoskings, Inc., 3 Sunset Plaza, Kalispell, Montana, or City of Kalispell, Director of Public Works, P. 0. Box 1035, Kalispell, Montana 59901. Said resolution and Resolution No. 3168 contain more particular description of said district and are on file in the City Clerk's Office, Kalispell City Hall. Each bidder must display his current Montana Contractor's License, class and number. All bids must expressly covenant that if the bidder shall be awarded the contract the bidder will, within 30 days after such award, enter into a formal contract and give good and sufficient bond to secure the performance of the terms and conditions of the contract; otherwise, the bidder shall pay unto the City of Kalispell the difference in money between the amount of the bid of the said bidder and the amount for which the City of Kalispell legally contracts with another party to supply said property if the latter amount is more than the former, but in no event shall the bidder's liability or the liability of the surety of such bidder exceed the penal sum of 10% of the bid. All bidders shall, as bid security, accompany the bid with such sum in lawful money of the United States, or a cashiers check, certified check, bank money order, or bank draft, in any case drawn and issued by a national banking association located in the State of Montana, or a bid bond or bonds executed by a surety corporation authorized to do business in the State of Montana. Any such bank instrument or bond shall be payable directly to the City of Kalispell. A bond will be required of the successful bidder in the amount of one -hundred per cent (100%) of the aggregate of the proposal for the faithful performance of the contract and protection of the City of Kalispell against the liability of accidents. If a contract is awarded, the bidder whose bid is accepted and who shall thereafter refuse to enter into and execute the proposed contract, as stated in said covenant, shall absolutely forfeit such monies or bank instruments to the City of Kalispell, and becomes immediately liable on said bid bond to said sum. The money, bank instrument or bid bond, as the case may be, shall be returned to those bidders whose bid is not accepted. 5, 2 A reasonable charge may be made for copies of the bid documents. The successful bidder will be furnished additional copies thereof without charge as required. The successful contractor will be required to carry Workmen's Compensation under Plan Number Three of the Workmen's Compensation Act of Montana, and upon final settlement with the contractor, the City of Kalispell will deduct all unpaid premium assessments for the Industrial Accident Fund, which the contractor has not paid on the labor employed by him but for not more than the amount of the contract. The City of Kalispell may accept the lowest responsible bid, but the Council reserves the right to waive any technicality or informality and accept any bid which may be deemed best for the interests of the said district and the City of Kalispell. The City Council may reject any and all bids or proposals should it deem this for the public good, and also reject the bid of any party who has been delinquent or unfaithful in any former contract with the City of Kalispell, and the City shall reject all proposals or bids other than the lowest regular proposal or bid of any responsible bidder and may award the contract for said work or improvement to the lowest responsible bidder at the price named in said bid. DONE BY ORDER OF THE CITY COUNCIL OF KALISPELL, MONTANA, ON THE 7th DAY OF JULY, 1978. Marjfie Giermann, Acting City Clerk Publication dates: 8/24/78 8,/31/78