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HomeMy WebLinkAboutOrdinance 87- 1235 Adds § 12.20.035; amends §§ 12.20.010, 12.20.030, 12.20.060 and 12.20.070, sidewalk and curb construction 24:2 ORDI NANCE NO. 1235 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING CHAPTER 12.20 OF THE BOZEMAN MUNICIPAL CODE BY DELETING THE PHRASE "AND MOTOR BUSINESS DISTRICT" FROM SECTION 12.20.010(B); AMENDING THE FEE SCHEDULE FOR STAKING AND GRADING IN SECTION 12.20~030; ADDING SECTION 12.20.035 DIRECTING THE DIRECTOR OF PUBLIC SERVICE TO CAUSE REPAIRS OF SIDEWALKS TO BE MADE PURSUANT TO SECTION 7-14-4122, MCA; AMENDING THE NOTICE REQUIREMENT OF SECTION 12.20.060 TO COMPLY WITH SECTION I 7-1-4129, MCA; AND DELETING THE INTEREST RATE SET IN SECTION 12.20.070 TO ALLOW THE COMMISSION TO ACCEPT AN ALTERNATIVE RATE TO BE ESTABLISHED BY BIDDING. THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AS FOLLOWS: Section 1 That Section 12.20.010 of the Bozeman Municipal Code be and the same is hereby amended to read as follows: 12.20.010 City engineer authority - Materials, construction and widths. A. All sidewalks and curbs which may hereafter be constructed upon any street or avenue in the City, whether ordered in by the City Commission or constructed under the laws govern- ing special improvement districts, or installed by any contractor or property owner, or otherwise, shall b. constructed under the supervision, direction and inspection of the City Engineer, and out of such materials as may be prescribed by him. B. All sidewalks constructed in the central business district of the City shall have a minimum width of ten feet unless a variance is granted by majority vote of the City Commission. All other sidewalks constructed on any of the streets and avenues of the City shall have a minimum width of five feet. Section 2 I That Section 12.20.030 of the Bozeman Municipal Code be and the same is hereby amended to read as fol lows: 12.20.030 Establishing grades and setting stakes - Charges. A. The charge for establishing grades and stakes shall be as follows: 1. For sidewalk or curb - twenty-five cents per front foot; 2. For curb and sidewalk - thirty cents per front foot. B. The minimum charge to anyone shall be ten dollars ($10), and the maximum charge for one block shall be seventy-five ($75) dollars. Section 3 That Section 12.20.035 be added to the Bozeman Municipal Code to read as follows: 12.20.035 Repair of sidewalks by abutting owners; failure to repair. All owners or agents of owners with property abutting and fronting upon any plaza, street or alley within the corporate limits of the City are required to keep the public sidewalks, curbs, gutters or combination thereof, immediately abutting their property in good order and repair. Each such owner shall be liable to the City for all losses to the City or recoveries from the City for damages to person or property of others caused by his failure or that of his agents to repair and keep in good order and reasonably safe condition all such sidewalks abutting and fronting his property upon any plaza, street or alley within the corporate limits of the City. The City may, at its discretion, through the Director of Public Service, notify such owner that repairs I are necessary to put such sidewalk, curb, gutter or combination thereof, in good order and such owner shall, within thirty days after such notification, under the supervision of the Director of Public Service, complete such repairs, as specified in such notice. If the person fails to make the required repairs, the City may repair same and pay for said repairs. The amount so paid by the City shall be a lien upon the lot and may be enforced or the amount may be recovered against the owner by a suit before any court of competent jurisdiction. ORDINANCE NO. 1235 243 Section 4 That Section 12.20.060 be added to the Bozeman Municipal Code to read as follows: 12.20.060 Notice to construct curb or sidewalk - Form and contents. Whenever the City Commission orders a sidewalk or curb, or either thereof, constructed in front of any lot or parcel of land within the City, without the formation of a special improvement district, pursuant to the provisions of MCA, Section 7-14-4109, or any Acts supplementary thereto I or amendatory thereof, notice of such order of the City Commission shall be given by the City Manager, to the owner or agent of such property, by mailing notice to his last known address, according to the requirements of Section 7-1-4129, MCA, and such notice shall be in substantially the fol lowi ng form: No. Bozeman, Montana, , 19 - - To YOU ARE HEREBY NOTI FI ED that the City Commission of the City of Bozeman, as its meeting, held on the day of , ordered the of a cement concrete in front of that certain lot or parcel of land owned by you, situated in the City of Bozeman, Montana, and descri bed as follows, to-wit: Lots Block Addition. Said improvement to be constructed in accordance with said order and the approved specifications therefor, on file in the office of the City Engineer of said City, and at the established grade of said street. You will be allowed thirty days from and after the service of this notice upon you to construct, or cause to be constructed, the said improvement as ordered, and if you shall fail or neglect to construct, or cause same to be constructed, within the said period of time, the City of Bozeman wi II con- struct, or cause to be constructed, the said improvement as ordered and will assess the cost thereof against the said property in front of which the same is constructed. I City Manager Section 5 That Section 12.20.070 be added to the Bozeman Municipal Code to read as follows: 12.20.070 Construction ordered by City - Warrant for payment of costs. A. When any such sidewalk and curb, or either thereof, are constructed by or under the direction of the City Commission, payment for the construction thereof shall be made by special warrants which shall be drawn upon a fund to be known as the "special sidewalk and curb fund," and such warrants shall be in substantially the following form: SPECIAL SIDEWALK AND CURB WARRANT Bozeman, Montana No. 19 $ Bozeman, Montana, - , 19 - The City of Bozeman, Montana, wi II pay to OR BEARER HEREOF, the sum of DOLLARS on account of sidewalks and curbs constructed in said City. This Warrant is issued under the provisions of MCA, Section 7-14-4109 and Acts amendatory thereof and supplementary thereto, and under resolutions and ordinances of said City relating to sidewalks and curbs. The principal and interest of this warrant are payable at the office of the City Treasurer at Bozeman, Montana. This warrant bears interest at the rate or rates designated by the I successful bidder and authorized and accepted by the City Commission from date of its registration as expressed herein until date called for its redemption by the City Treasurer. The interest on this warrant is payable on the first day of January in each year, until the payment of this warrant, as expressed by the interest coupons hereto attached. This warrant is payable from the collection of a special tax or assessment and is redeemable at the option of the City of Bozeman on or before the first day of January, A.D. 19 , at any time there is money to the credit of the said Sidewalk and""lAirb Fund for the re- demption thereof and in the manner provided for the redemption of the same. The holder of this warrant shall have no claim therefor against said City in any event except from the collection of special assessments made to defray the cost of sidewalks and curbs for which this warrant ORDI NANCE NO. 1235 - - 24L+ is issued, but his remedy in case of nonpayment shall be confined to the enforcement of such assessments. IT IS HEREBY CERTIFIED AND RECITED that all acts and things required to be done precedent to and in the issuance of this warrant have been properly done, approved and been performed in the manner prescribed by the laws of the State of Montana and the resolutions of the City of Bozeman, Montana, relating to the issuance hereof, and the interest coupons hereto attached are signed with the facsimile signatures of the Mayor and City Clerk. THE CITY OF BOZEMAN, MONTANA I By Attest: City Clerk, as Clerk to the City Commission Registered in the office of the Director of Finance of the City of Bozeman, Montana, this day of , A. D. 19 , and redeemable at the option of the City of Bozeman on or before the first day of January, A.D. 19 . - Director of Finance B. Such warrants shall be signed by the Mayor and Clerk of the City Commission, and shall bear the corporate seal of the City of Bozeman, and shall have attached to them interest coupons, one for each year's interest to become due thereon, and shall bear the facsimi Ie signatures of the Mayor and City Clerk, and shall be in substantially the following form: Coupon No. Special Sidewalk and Curb Fund $ On January 1, 19 , the Director of Finance of Bozeman, Montana, will at his office in the City of Bozeman, Montana, pay , or bearer, the sum of Dollars, being interest due on said date of payment on its Special Sidewalk and Curb Fund Warrant No. issued on account of sidewalks and curbs. I THE CITY OF BOZEMAN Mayor City Clerk, as Clerk to the City Commission. C. Such special sidewalk and curb warrants shall be issued in the denomination of one hundred dollars ($100) each, or fractions thereof when necessary. Section 6 Savings Provision. This ordinance does not affect rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. Section 7 Severability. If any provision of this ordinance is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of the ordinance and applicability thereof to other persons and circumstances shall not be affected thereby. I Section 8 Repealer. That all ordinances and parts of ordinances in conflict herewith are hereby repealed. PROVISIONALL Y PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana, this 23rd day of March 1987. ORDINANCE NO. 1235 - ----"-'-....... --~-- 24b ALFRED M. STIFF, Mayor Pro Tempore' A TT.EST: Jf~ n! L#f~ I Actmg ttrk 0 the Commission FI NALL Y PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana, this 6th day of April 1987, and effective thirty (30) days after said date. JUDITH A. MATHRE, Mayor ATTEST: Clerk of the Commission State of Montana ) County of Gallatin : ss City of Bozeman ) I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman, do hereby certify that the foregoing Ordinance No. 1235 was published by title and number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City, in the issue dated the 9th day of April 1987, and said proof of such publication is on file in my office. I I N WI TNESS WHEREOF, I hereunto set my hand and affix the corporate seal of my office this 4th day of June 1987. . Clerk of the City Commission I ORDINANCE NO. 1235