9-1-22: FORM OF SPECIAL WARRANT:

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)

9-1-23: ASSESSMENTS TO ABUTTING PROPERTY FOR CONSTRUCTION:

   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)

9-1-24: CITY MAY CONSTRUCT; BIDS:

If the owner or agent of the owner of any lot or parcel of land in front of which any sidewalk, curb or gutter has been ordered constructed shall fail or neglect within thirty (30) days, to construct such sidewalk, curb or gutter, the city council may cause the same to be constructed by the letting of a contract for the construction thereof to the lowest responsible bidder, after advertising for bids for the construction thereof. (Ord. 416, 1-3-1994)

9-1-25: ADVERTISING BIDS; SPECIFICATIONS:

If the construction of such sidewalks, curbs or gutters is done by contract after advertisement for bids, such advertisement for bids and contract may be for sidewalks, curbs or gutters in front of one or more lots or parcels of land as the council shall determine. Any contractor to whom a contract is let for the construction of sidewalks, curbs,or gutters shall before commencing work execute and deliver to the city a good and sufficient bond in a sum not less than double the amount of the contract, which bond shall be conditioned on the faithful performance of all work done by him under such contract and shall further guarantee the maintenance and durability of said work for a period of not less than three (3) years, which bond shall be approved by the mayor. (Ord. 416, 1-3-1994)

9-1-26: GENERAL CONTRACT; BOND:

The city council may let to the lowest responsible bidder after advertising for bids a contract for the construction of all sidewalks, curbs and gutters, which may be ordered constructed under the provisions of this chapter and which have not been constructed by the owner or agent of the owner of the property, such construction to be in accordance with the specifications prepared by the director of public works. Said contract shall be for a period not to exceed one year. Said contractor, before he commences any work under his contract, shall be required to deliver to the city a good and sufficient bond in a sum not less than five thousand dollars ($5,000.00), which bond shall be conditioned on the faithful performance of all work done by him under the provisions of said contract and specifications and shall also guarantee the maintenance and durability of said work for a period of not less than three (3) years. (Ord. 416, 1-3-1994)