(A) Failure to comply. If the owner or agent of the owner of any lot or parcel of land in front of which or along which a sidewalk, curb and/or gutter has been ordered constructed, replaced or repaired, as provided herein, shall fail, neglect or refuse to construct, replace or repair the same within the 30 days from and after the date of service of notice, the City Council may cause such work to be done by letting a contract for such construction, replacement or repair.
(B) Letting of contract. The contract may be for one or more specified projects or it may be a general contract for any or all such work that may arise or be ordered within a period of one year. Any such contract shall be let to the lowest responsible bidder, in accordance with applicable state law. The solicitation for bids and the contract shall be subject to and governed by all applicable state laws pertaining to public contracts or municipal contracts, or both. The terms of the contract shall be determined by the Council and shall, without limitation, include such things as a provision for bid bonds, performance bonds, payment bonds and the amounts thereof; liability insurance; workers’ compensation; and a provision for indemnification of the city against any loss or damages caused by the contractor and/or its employees.
(C) Assessment of costs. The total cost and expense of the construction, replacement or repair of any sidewalk, curb and/or gutter caused to be constructed, replaced or repaired by the Council under this subchapter shall be assessed as a special assessment against the property, lot or parcel of land in front of which or along which the sidewalk, curb and/or gutter lies. The property occupying street corners shall be assessed for that part of any such sidewalk, curb and/or gutter which is within the street intersection. The total cost shall include that of the construction, replacement or repair of the sidewalk, curb and/or gutter, together with all incidental and necessary costs and expenses connected therewith, including, without limitation, costs for engineering, notice, publication, inspection, grade, fill, preparation of assessment rolls, plans, specifications, superintendence and postage.
(D) Levy of assessment. The Council shall annually, and before the first Monday of October of each year, pass and adopt a resolution levying an assessment and tax against each lot or parcel of land in front of which or along which sidewalks, curbs and/or gutters have been constructed, replaced or repaired under orders of the Council. Such resolution shall be in every manner prepared and certified the same as resolutions levying assessments for the making of improvements in special improvement districts. Such resolution shall be delivered to the appropriate county official, who shall collect such assessments in the same manner as that used in the collection of assessments on or for improvements in a special improvement district. The collection procedure for the assessed costs shall unless otherwise provided herein, be the same as that provided in state law for the collection of assessments for improvements in special improvement districts.
(E) Special fund; warrants.
(1) Fund created. There is hereby created a fund to be known as the Special Sidewalk, Curb and Gutter Fund. All monies hereafter collected from assessments made for construction, replacement or repair of sidewalks, curbs and/or gutters ordered by the Council shall be placed to the credit of this special fund. When any sidewalk, curb and/or gutter is constructed, replaced or repaired by or under the direction of the Council pursuant to the provisions of this subchapter, payment for such work shall be made by special warrants drawn or issued upon this special fund.
(2) Insufficient funds.
(a) In the event the fund balance is not sufficient to pay such warrant, such warrant shall be registered in accordance with applicable law and shall bear interest from the date of such registration until the date the warrant is called for redemption or payment, as provided by law. The rate of interest on such warrants shall be three basis points above the New York prime interest rate level that is in effect as of the date of such warrant.
(b) Such NEW YORK PRIME INTEREST is defined as the base rate on corporate loans posted by at least 75% of the nation’s 30 largest banks.
(3) Special warrants. The special warrants shall be substantially in the following form:
CITY OF PLENTYWOOD, MONTANA SPECIAL SIDEWALK, CURB, AND GUTTER WARRANT No. Presented and Registered , 2 Not Paid For Want Of Funds By: , Treasurer For Date , 2 $ Montana State Bank–Plentywood, Montana Pay to the Order of: Signature Signature This Warrant bears interest at the rate of percent ( %) per annum from the date of its registration as expressed hereon, until the date called for redemption by the Treasurer. This Warrant is payable out of money in the City Treasury belonging to the Special Sidewalk, Curb, and Gutter Fund. The principal and interest of this Warrant are payable at the office of the City Treasurer at Plentywood, Montana. This Warrant is payable from the collection of a special tax or assessment and is redeemable at the option of the City of Plentywood, at any time there is money to the credit of the said Special Sidewalk, Curb, and Gutter Fund and in the manner provided for the redemption of the same. |
(F) Acceptance of warrants by contractor. The special warrants must be accepted by the contractor as payment in full at their face value. The contractor will be required to sign a certificate on his or her claim and in his or her contract that he or she will accept such warrants as settlement in full on all claims against the city on account of work done or materials used.
(G) Assessment lien upon property. The costs and expenses of the construction, replacement or repair of sidewalks, curbs and/or gutters under this subchapter shall be a lien upon the lot or parcel of land in front of which or along which the same is constructed, replaced or repaired. When any one of the payments assessed and levied by the Council shall become delinquent, the property against which the same is levied and assessed shall be sold by the County Treasurer the same as the sale of property for non-payment of assessments and levies for the making of improvements in special improvement districts.
(H) Payment of assessment and interest.
(1) Payment in installments. Such assessments to defray the cost of construction, replacement or repair of sidewalks, curbs and/or gutters shall be payable in installments extending over a period of years with the duration for such payments dependent upon the principal amount of the assessment with respect to each lot or parcel of land as follows:
Principal Amount of Assessment | Number of Years for Payments |
$0 - $750 | 3 years |
$750.01 - 2,000 | 8 years |
$2,000.01 or more | 12 years |
(2) Method of payment. Payments shall be made in equal annual installments, together with interest as hereinafter provided. All such assessments shall be payable to the County Treasurer and shall be payable as follows:
(a) One-half of the payment on or before 5:00 p.m. on November 30 of each year; and
(b) One-half of the payment on or before 5:00 p.m. on May 31 of the following year.
(3) Delinquent payments. In the event assessments are not paid on or before the said dates, the same shall be subject to the same interest and penalties for non-payment as delinquent real property taxes under state law. Such assessments shall bear simple interest and the interest payable with each installment shall be the interest on the whole amount of the principal balance of such assessment remaining unpaid, and shall be calculated to January 1 of year following the year for which such installment is due. Such interest shall be calculated from the date specified in the resolution, as passed and adopted by the City Council, levying such assessment. Such assessments may be paid in full, at any time, by the payment of the whole amount thereof remaining unpaid together with interest thereon to the date of payment. The interest rate on such assessments shall be 7% per annum. In the event that registered warrants are used to pay the costs for the work done, then the interest rate shall be the same as that paid on such registered warrants.
(Prior Code, § 7-1-7) Penalty, see § 151.999