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Resolution 3181 - Creates SID 325RESOLUTION No. 3181 A RESOLUTION CREATING SPECIAL IMPROVEMENT DISTRICT NO, 325 FOR THE PURPOSE OF CONSTRUCTION OF STREETS, CURBS, AND GUTTERS, TWO ARCH CULVERTS, A STORM DRAIN AND SANITARY SEWER SYSTEM. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NALISPELL, MONTANA: WHEREAS, on the lst day of May, 1978, said Council did pass and adopt Resolution No. 3171, a resolution of intention to create Special Improvement District No. 325; 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 persons 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. 3171, and no protests, written or oral, were made or presented against creating said Special Improvement District No. 325. NOW THEREFORE, said Council does hereby create Special Improvement District No. 325 for the purpose of construction of streets, curbs and gutters, two arch culverts, a storm drain and sanitary sewer system in that certain area described as follows: see Exhibit "A" attached hereto and by this reference made a part hereof. The approximate cost of said improvements is estimated to be One Million One Hundred Thousand and No/100 Dollars ($1,100,000.00). Said costs will be assessed against each lot within the district 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 com- pletion of the contract, or in twenty equal annual installments extending over a period of twenty years. PASSED AND ADOPTED THIS 7TH DAY or JULY 1978, BY THE CITY OF KALISPELL, MONTANA. Mayor ATTEST- ;�ity ClArk I, the undersigned, City Clerk of the City of Kalispell certify that the foregoing is a t� copy of the Resolution duly passed by *e gity Council of the City of Kalispell, Montaria meetin he'd the 17-6c d of V'/ 'j 10 - City Cler�/ of the City of Kalispell, 1�bntana 527 NOTICE OF SALE OF SID 325 BONDS CITY OF KALISPELL, MONTANA NQTIC4 15 HEREDY 01VEN by the City Council of the City of Kalispell, Montana, that the said city Council will, on the 11th day of September 1978, at the hour of 7:30 p.m. in the council chambers of City Hall in Kalispell, Montana, sell to the highest bidder for cash, either amortization or serial bonds of Special Improvement District No. 325 of the City of Kalispell, Montana, in the total amount of One Million One Hundred Thousand and No/100 Dollars ($1,100,000.00)for the purpose of defraying the cost of the construction of streets, curbs and gutters, two arch culverts, a storm drain and sanitary sewer system all in that area included in the property described in Exhibit "A" attached hereto. Amortization bonds will be the first choice and serial bonds will be the secon choice of the Council. The boundaries of SID 325 are given in Resolution No- 3171 dated May 1, 1978. If amortization bonds are sold and issued, the entire issue may be put into one single bond or divided into several bonds, as the Council may determine at the time of sale, both principal and interest to be payable in semi-annual installments during a period of twenty (20) years from date of issue, If serial bonds are issued and sold, said bonds will be in the amount of One Thousana and noAO0 Dollars, ($ 1,000.00 )' e�ich, numbered from one (1) to eleven hundred (1100) both inclusive, and said bonds shall become due and payable on the Ist day of January , 19 98 . The said bonds, whether amortization bonds or serial bonds, will bear date of issue of October 1 F 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 Ist day of — January , 19 79, and on the Ist 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 Kalis- pell at any time when there is sufficient money in said SID 325 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 325 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 pur- chase 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 One H=dred Ten Thousand and no/100 ($ 110,000.00) payable to the oraer —of th(� -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 ';' 2 C5 of Kalispell, Montana, and delivered to the City Clerk of said City. DONE BY ORDER OF THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, THIS 7TH DAY OF JULY 1 1978. Publish: 8/15/78 8/22/ ]8 19 /2Q /78 i4/N City Clerk - 2- - NOTICE OF CALL FOR BIDS CITY OF KALISPELL, MONTANA SID 325 NOTICE IS HEREBY GIVEN, that sealed proposals for the construction of streets, curbs and gutters, two arch culverts, a storm drain and sanitary sewer system for the City of Kal- ispell, Montana, will be received by the City Council at Kal- ispell, Montana, until 7:30 p.m., , 1978. All proposals shall be addressed to the City Clei�_k, City of Kalispell and plainly marked "SID 325 Construction." At a meeting of said council at said time and place said bids received will be pub- licly opened and read; bids received thereafter will not be considered. The work involved is for the construction of work for SID 325 created on July �, 1978 by Resolution No. as spec- ified in plans and specifications as outlined and an file at the following address: —1 OTClEy of Kalispell, Director of Public Works, P. 0. Box 1035, Kalispell, Montana 59901. Said resolution and Resolution NO. 3171 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 days after such award, enter into a formal contract 'and give good and suf- ficient 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. 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 owest 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 res- ponsible bidder and may award the contract for said work or improve- ment to the lowest responsible bidder at the price named in said bid. DONE BY ORDER OF THE CITY COUNCIL OF KALISPELL, MONTANA, ON THE DAY OF 1 1978. Publication dates: City Clerk 2 -