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HomeMy WebLinkAboutOrdinance 90- 1311, Planting and maintenance of trees in public places " ~ , , . ~ ORDINANCE NO. 1311 AN ORDINANCE OF THE CITY COMMISSION OF BOZEMAN, MONTANA, PROVIDING THE METHOD FOR THE PLANTING AND MAINTENANCE OF TREES IN ALL PUBLIC PLACES, RIGHT-OF-WAYS AND PARKS AND PROVIDING FOR THE M~THOD OF PAYING SAID COSTS THEREOF. Preamble An Ordinance providing tor PUblIC health, safety and welfare by establishing a method tor planting and malntaining trees in all public places, right-ot-ways, and parks and providing a method at paying tor the same by assessing property within a tree maIntenance district for the costs thereof. The Bozeman City Commission recognizes that trees benetit the community by stabilizing sOIl and preventing erosion and sedImentation; reducing storm water runott and the costs associated therewith and replenishing the ground water supplies; aidIng in the removal ot carbon dioxide and generating oxygen; providing a buffer and screen against noise pollutIon; providing protection against severe weather; providing shade during hot summer months which produces a cooling ettect thereby conserving energy and reducing the loss at water by evaporation; aIding in the control ot drainage and restoration at denuded soil following construction or grading; providIng a haven tor birds which in turn assist in the control of insects; protecting and increasing property values; conserving and enhancIng the City's physical and aesthetIc environment; and generally protecting and enhancing the quality ot lite and the general welfare ot the City. BE IT ORDAINED BY THE CITY COMMISSION of the CIty of Bozeman, Montana: Section 1 Definitions The word "maintenance" as used herein means the planting, prunIng and removal at trees. Routine watering does not come wIthin the detinition ot maintenance as used hereIn. Section 2 - Method of Planting and MaIntaining Trees That all planting and maintenance of trees in all public places, right-ot-ways and parks 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, 1 ",' <1" . . ., . the cost at said maintenance in each established distrIct annually, not later that the second Monday in August. The Commission shall pass and tinally adopt a resolutIon specifying the dIstrict assessment option and levYlng and assessing all the property WIthIn each established district. The resolution levying the assessment to defray the cost of maintenance shall contain or reter to a list in which shall be described the lot or parcel at land assessed, with the name ot the owner thereof it known, and the amount levIed thereon set opposite. Such resolution shall be kept on file in the office ot the Clerk of the Commission for 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 tile in the Clerk ot the Commission's ottice and subject to inspection for a period at 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 for the hearing shall be not less that ~ 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 thereof and may adjourn from time to time for that purpose and may by resolution modify such assessment in whole or in part. A copy of the resolutIon, certitied by the Clerk of 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 Severability If any provision of this Ordinance is declared unconstitutional, or the appllcability thereot to any person or circumstances IS held InvalId, the constitutionality of the 2 .. .' , ~ . . . ~ remaInder of the Ordinance and applIcabIlity thereat to other persons and cIrcumstances Shall not be attected thereby. SectIon 5 Savings Clause ThIS OrdInance does not affect rIghts and duties that matured, penalties that were Incurred or proceedIngs that were begun betore the etfectlve date at thIS ordInance. PROVISIONALLY PASSED AND ADOPTED by the CIty CommIssion at the CIty at Bozeman, Montana, this 14th day at May, l!:l9ld. ~~ ROB ~c . L. HA KS Mayor ATTEST: ~ oIx1~ SULLIVAN Clerk at the CommIssIon FINALLY PASS!!:D AND ADOPTED by the City CommIssion ot the City ot Bozeman, Montana, this 4th day ot June , . 199L1, and ettective thIrty (3ld) days there tter. , ,-I- . '. I' ATTEST: ~ . /) iI)~/ I 11lt.1/ i- r PHYLLI R. WOODS ActIng Clerk ot the CommissIon APPROVED AS TO FORM: ~~&- B U(;E E. (;KE. " City Attorney I J . \ . 3 .. ~