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HomeMy WebLinkAboutOrdinance 90- 1310, Street, alleys and public places maintenance; repeals Ord. 295 . f ...... .., ~ "~.. ~.. 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 - 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 - 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 1 -------'-.---- , i j. :~... ,- , ., 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 - 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 2 II. t~ ..' . . . ~ 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: ~J~~ R N L. SULLIVAN Clerk of the Commission FINALLY PASSED AND ADOPTED by the City Commission of the ~ " .. \ City ot Bozeman, Montana, this 4th day of June 1991d, ,. j J and ettective thirty (30 ) days thereatter. . ATTEST: Q4r!::.v #tt~4) LLI R. WOODS Acting Clerk at the Commission APPROVED ~S _T~ g~~ UCE E. KER City Attorney ;' . .. . ~ 3 ~