HomeMy WebLinkAboutOrdinance 2032 changing City vertical datum - 8-29-2019
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ORDINANCE NO. 2032
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING ARTICLE 34.01 AND 38.7 OF THE BOZEMAN MUNICIPAL
CODE TO REVISE AND CONSOLIDATE STANDARDS FOR VERTICAL DATUM
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Bozeman (the “City”) has adopted land development and use
standards to protect public health, safety and welfare and otherwise execute the purposes of Section
76-2-304, MCA; and
WHEREAS, the City established standards for the horizontal and vertical location of
infrastructure and for application of flood management regulations; and
WHEREAS, section 34.01.010 references vertical data which no longer exist; and
WHEREAS, it is in the interests of the City and public welfare to establish a common
datum for all City uses to enable coordination between public and private improvements, improve
coordination between the City and other governmental bodies, and to enable the datum to be
readily updated and kept current as professional standards change.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That section 34.01.010 of the Bozeman Municipal Code be amended as follows:
Sec. 34.01.010. - Datum line for establishment of street grades and all other City purposes; bench marks.
Ordinance xxxx, Amending Chapters 34 and 38 of the Bozeman Municipal Code to establish a vertical datum
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A. A datum line, or base, from which the grades of the several streets and avenues within the
city shall be determined, is hereby defined, fixed and designated by reference to the following
described bench marks, as follows:
1. The top of the sandstone base at the foot of the iron column on the west-side main entrance to the fire engine room in the building known as the City Hall, situated at the southwest corner of East Main Street and Rouse Avenue, is 794.04 feet above datum.
2. The top of the first stone step above the sidewalk, at the west end of the steps and front edge
of same, at the front entrance of the Bozeman National Bank in the building known as the Krueger Block, situated at the southwest corner of Main Street and Bozeman Avenue, is 793.99 feet above datum.
3. The top of the stone ball at the front entrance to the courthouse, at the foot of the steps, on
the east side, is 801.06 feet above datum.
The vertical datum is established by Resolution of the City Commission.
Section 2
That section 38.700.030 of the Bozeman Municipal Code be amended as follows with all
other elements to remain as presently existing:
Base flood elevation. The elevation above sea level of the base flood in relation to North
American Vertical Datum of 1988 the City’s adopted vertical datum unless otherwise specified
in the flood hazard study.
Section 3
That section 38.700.120 of the Bozeman Municipal Code be amended as follows with all
other elements to remain as presently existing:
Mean sea level. The North American Vertical Datum of 1988 (NAVD88) City’s adopted vertical
datum or other datum to which base flood elevations are referenced.
Section 4
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Ordinance xxxx, Amending Chapters 34 and 38 of the Bozeman Municipal Code to establish a vertical datum
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Section 5
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this ordinance shall remain in full
force and effect.
Section 6
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 7
Codification.
This Ordinance shall be codified as indicated in Sections 1-3.
Section 8
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the ___th day of ___________, 2019.
Ordinance xxxx, Amending Chapters 34 and 38 of the Bozeman Municipal Code to establish a vertical datum
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____________________________________
CYNTHIA L. ANDRUS Mayor
ATTEST:
____________________________________ ROBIN CROUGH City Clerk
FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 2019. The effective date of this ordinance is ______________, 2019.
_________________________________ CYNTHIA L. ANDRUS Mayor
ATTEST:
_______________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN City Attorney