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HomeMy WebLinkAboutOrdinance 84- 1160 Amends 8 13.24.360, maintenance of sewer service lines 454 ORDINANCE NO. 1160 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTION 13.24.360 OF THE BOZEMAN MUN I CI PAL CODE; PROVI DI NG FOR MAl NTENANCE OF SEWER SERVICE LINES BY UTILITY WITH ONE EXCEPTION. PREAMBLE The purpose of this amendment is to clearly state the Commission's intent that the I customer for sewer service bear the cost of any line repair necessitated by tree roots. Trees are often maintained by the customer on his/her property and sometimes also exist on the public right of way next to the customer's property. As a practical matter, it is impossible to ascertain which tree is responsible for the line inter- ference. Since the customer benefits from the trees next to his/her property, as well as those which belong to the property, Section 18.32.360 was intended to make the customer responsible for maintaining the service line whenever tree roots cause a problem whether the problem arises from the portion of the service lines on custo- mer's property or public right-of-way. The only language change is the substitution of the word "customer" for the term "property owner" at the end of the section. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN: That Section 13.24.360 of the Bozeman Municipal Code be and the same is hereby amended to read as follows: 18.32.360 Maintenance--Work Performed by Utility. Once service to any customer has been installed, the utility, at its own expense, shall maintain the service lines up to the public right-of-way line, with the exception that removal of tree roots and resultant line repair shall be borne by the customer. PROVISIONALLY PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, I this 2nd day of April 1984. MAYOR ATTEST: CLERK OF THE CITY COMMISSION FINALLY PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, and approved by the Mayor of said City this 16th day of April 1984, and effective thirty (30) days after said date. MAYOR I ATTEST: CLERK OF THE CITY COMMISSION ORDINANCE NO. 1160 455 State of Montana ) County of Gallatin ) City of Bozeman ) I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman, Montana, do hereby certify I that the foregoing Ordinance No. 1160 was published in the Bozeman Dai Iy Chronicle, a newspaper of general circulation printed and published in said City, in the issue dated the 25th day of April 1984, and due proof of such publication is on file in my office. I N WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my office this 1 st day of May 1984. Clerk of the City Commission I I ORDINANCE NO. 1160 ~--_._-~_._----~ --~-