HomeMy WebLinkAboutOrdinance 90- 1310, Street, alleys and public places maintenance; repeals Ord. 295
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ORDINANCE NO. 1310
AN ORDINANCE OF THE CITY COMMISSION OF BOZEMAN, MONTANA,
PROVIDING THE METHOD FOR THE MAINTENANCE OF STREETS,
ALLEYS AND PUBLIC PLACES AND PROVIDING FOR THE METHOD OF
PAYING SAID COSTS THEREOF PURSUANT TO 7-12-4401 ET SEQ.
AND REPEALING ORDINANCE NO. 295.
Preamble
An Ordinance providing for public health, saftey and
welfare by establishing a method tor maintaining
streets, alleys and public places and providing a method
of paying for the same by assessing property within
the maintenance district for the costs thereof.
BE IT ORDAINED BY THE CITY COMMISSION of the City of Bozeman,
Montana:
Section 1
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Definitions
That the word "maintenance" as used in this ordinance
includes, but is not limited to, sprinkling, graveling, oiling,
chip sealing, seal coating, overlaying, treating, general
cleaning, sweeping, flushing, snow removal and leaf and debris
removal.
Section 2
Method of Maintenance
That all street, alley and public place maintenance to be
done within the district or districts created by the City may be
done by contract or by forces employed by the City, or by both, in
such manner as the Commission may elect.
Section 3
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Method of Paying for Maintenance
The City Commission shall estimate, as near as practicable,
the cost of said maintenance in each established district
annually, not later that the second Monday in August. The
Commission shall pass and finally adopt a resolution specifying
the district assessment option and levying and assessing all the
property within each established district with an amount equal to
not less than 75% of the entire cost of such work.
The resolution levying the assessment to defray the cost of
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maintenance shall contain or reter to a list in which shall be
described the lot or parcel of land assessed, with the name of the
owner thereof if known, and the amount levied thereon set
opposite.
Such resolution shall be kept on file in the office at the
Clerk at the Commission tor public inspectIon.
A notice ot intent to adopt such resolution, signed by the
Clerk of the CommIssion, stating that the resolution levying the
special assessment to detray the cost ot maintenance in each
establIshed district is on file In the Clerk of the Commission's
otflce and subject to Inspection for a perIod of 5 days, shall be
published at least once in a newspaper published in the city.
The notice shall state the tIme and place at WhICh Objections to
the final adoption of the resolution will be heard by the
commissIon. The tIme tor the hearing shall be not less that 5
days after the publication ot the notice.
At the time so set, the commISSIon shall meet and hear all
objections which may be made to such assessment or any part
thereat and may adjourn tram time to time tor that purpose and
may by resolution modlty such assessment In whole or In part.
A copy at the resolution, certltled by the Clerk at the
Commission, must be delivered to the City Treasurer and the
assessments shall be placed upon the tax roll and collected in
the same manner as other taxes and assessments.
Section 4
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Repealer
All ordinances and parts thereot in contlict herewith are
hereby repealed and that the fOllowing ordinance and parts
thereof and all subsequent amendments thereto be, and the same
are hereby specifically repealed:
Ordinance No. 295 entitled "AN ORDINANCE DEFINING THE
METHOD OF STREET SPRINKLING IN THE STREET SPRINKLING
DISTRICTS OF THE CITY" enacted on May 4, 19ld5, and
coditied as Chapter l2.l6 of the Bozeman Municipal Code.
Section 5
Severability
It any provIsion of this OrdInance is declared
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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.
Section 6
Savings Clause
ThIS Ordinance does not atfect rights and duties that
matured, penalties that were Incurred or proceedings that were
begun before the ettective date ot this ordInance.
PROVISIONALLY PASSED AND ADOPTED by the City CommIssion ot
the City at Bozeman, Montana, thIS, 14th ~ May, 1990.
ROBE~WKS
Mayor
ATTEST:
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R N L. SULLIVAN
Clerk of the Commission
FINALLY PASSED AND ADOPTED by the City Commission of the ~
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City ot Bozeman, Montana, this 4th day of June 1991d, ,.
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and ettective thirty (30 ) days thereatter.
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ATTEST:
Q4r!::.v #tt~4)
LLI R. WOODS
Acting Clerk at the Commission
APPROVED ~S _T~
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UCE E. KER
City Attorney ;'
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