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A. Whenever in the judgment of the city council a sidewalk, curb or gutter needs to be constructed, repaired or replaced in front of any lot or parcel of land located within the city limits, then and in that event the city council may, by majority vote, order the construction, repair or replacement of the same. The order shall be entered upon the minutes of the city council, shall name the street or avenue along which said sidewalk, curb or gutter is to be constructed and specify the general character of the material of which such sidewalk, curb or gutter shall be constructed.
B. When the council orders any such sidewalk, curb or gutter be constructed or replaced, written notice thereof shall be given to the owner or agent of the owner and to any purchaser under contract for deed of such property. The notice shall specify that the owner has thirty (30) days to construct, repair or replace the sidewalk or the city shall cause the sidewalk to be constructed, repaired or replaced and assess the cost thereof to the abutting property. The notice shall be mailed by first class prepaid postage to the address as shown by the most recent tax assessment rolls of Richland County, Montana.
C. If the owner or agent of the owner of such lot or parcel of land fail or neglect for a period of thirty (30) days after the date of service of the notice to cause such sidewalk, curb or gutter to be properly maintained or repaired, the city may do the maintenance or repair work necessary and shall assess the cost thereof against the property in front of which the work has been completed. The collection of the assessed costs shall be as provided in sections 7-12-4181 through 7-12-4191, Montana Code Annotated.
D. When any sidewalk, curb or gutter is maintained or repaired by or under direction of the city council, payment for such work shall be made by special warranty in such form as may be prescribed by ordinance and drawn against a fund to be known as the special sidewalk, curb and gutter fund, and the council may provide for the payment of interest annually. Interest shall be at a rate pursuant to section 17-5-102 Montana Code Annotated.
E. This section is enacted as an alternative procedure to the methods for maintenance and assessment contained in section 9-10-2 of this title and not as a replacement for such methods. (Ord. 416, 1-3-1994)
Payments for the construction of sidewalks, curbs or gutters constructed under the provisions of this chapter shall be made by special warrants drawn against the special sidewalk, curb and gutter fund, which warrants shall bear interest at the rate of six percent (6%) per annum, payable annually. When the city council passes and adopts a resolution levying an assessment and tax under the provisions of this chapter it shall provide therein for the payment of said interest. Such warrants shall be substantially in the following form:
District No.
United States of America
State of Montana
Warrant or Dollars
(Bond No. ) $
Interest at the rate of per cent per annum, payable annually, Special Improvement District Coupon warrant or bond.
, Montana.
Issued by the City of Sidney, Montana.
The Treasurer of the City of Sidney, Montana, will pay to bearer, the sum of dollars as authorized by resolution No. as passed on the day of , 19 , creating special improvement district No. for the construction of the improvements and the work performed as authorized by said resolution to be done in said district, and all laws, resolutions, and ordinances relating thereto, in payment of the contract in accordance therewith. The principal and interest of this warrant (or bond) are payable at the office of the City Treasurer of the City of Sidney, Montana.
This warrant (or bond) bears interest at the rate of per cent per annum from the day of registration of this warrant (or bond), as expressed herein, until the date called for redemption by the City Treasurer. The interest on this warrant (or bond) is payable annually on the first day of in each year, unless paid previous thereto, and as expressed by the interest coupons hereto attached, which bears the engraved facsimile signature of the Mayor and City Clerk.
This warrant (or bond) is payable from the collection of a special tax or assessment which is a lien against the real estate within said improvement district, as described in said resolution hereinbefore referred to.
This warrant (or bond) is redeemable at the option of the City at any time there are funds to the credit of said special improvement district, for redemption thereof 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 (or bond), have been properly done, happened and been performed, in the manner prescribed by the laws of the State of Montana and the resolutions and ordinances of the City of Sidney, Montana, relating to the issuance thereof.
(SEAL)
Dated at , Montana, this day of , 19 . City of , Montana.
By: , Mayor
Registered at the office of the City Treasurer of Sidney, Montana, this day of , 19 .
City Treasurer
(Ord. 416, 1-3-1994)
A. Payment Of Assessments: The payment of assessments to defray the cost of construction or replacement of sidewalks shall be spread over a term of five (5) years unless the city council shall order the payments to be spread over a different term, such term in no event to exceed eight (8) years. All payments shall be made in equal annual installments, and payments of interest at a rate of six percent (6%) per annum shall be made on January 1 of each year.
B. Resolution Levying Assessments: The city council shall annually, before the first Monday of October, pass and adopt a resolution levying an assessment and tax against each lot or parcel of land in front of which sidewalks, foot pavements, curbs and gutters, or any combination thereof, have been maintained or repaired under order of the city council. Said resolution levying such assessment shall be in every manner prepared and certified the same as resolutions levying assessments for the making of improvements in special improvement districts.
C. Collection Of Assessments: The treasurer of the city, or the county treasurer, as the case may be, shall collect a special assessment or tax levied by the city council under the provisions of this chapter, with interest as herein provided, and such interest shall run from the date the assessment is levied. The city treasurer shall at any time permit the owner of any property assessed for sidewalk construction or replacement to pay the cost and expenses of such construction, with interest to the date of payment.
D. Assessment To Be A Lien On Property: The cost and expenses of sidewalk construction or replacement shall be a lien upon the abutting property, and 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 treasurer in the same manner as the sale of property for nonpayment of assessments and levies for the making of improvements in special improvement districts. (Ord. 416, 1-3-1994)
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