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HomeMy WebLinkAbout19- Ordinance 2032 Amending Chapter 34 and 38 to Establish a Vertical Datum } co 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_ppMoses;beneh marks. Page 1 of 4 Ordinance 2032,Amending Chapters 34 and 38 of the Bozeman Municipal Code to Establish a Vertical Datum line,A. A datum or base, determined,eity shall be is hereby defined, fixed and designated by reference to the followin deseiibed b€nehzmarks,marks, as I The top of the sandstone base at the foot of the iron eoluffm on the west side main entranee to the fire engine f oom in the building known as the City Hall, situated at the southwest eofner ooEas7� Rouse Street and Rou"se Avenue, ism 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 fiont entranee of the Bozeman Nafioiia4 Bank in the building known as the Kitieger > ted t the t eorner of Main Street and Bozeman > is 793.99 feet above .].tul. 3. The top of the stone ball at the front entranee to the > 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 n,Y ffiea Verb,.l r,,,+„r,., of 1044 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'`T^,-*h n,...,eriea Vertieal r,,,+,,,,, of 1988 mT n D 441 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 Page 2 of 4 Ordinance 2032,Amending Chapters 34 and 38 of the Bozeman Municipal Code to Establish a Vertical Datum 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. 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 S Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. Page 3 of 4 Ordinance 2032,Amending Chapters 34 and 38 of the Bozeman Municipal Code to Establish a Vertical Datum PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 28th day of October, 2019. 5� THIA L. AND ayor ATTEST: ,`'`� 130Z4" U ." . . ROBIN CROUGH _. City Clerk N TIN CC 10 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 18th of November, 2019. The effective date of this ordinance is December 18, 2019. THIA L. RUS Mayor C )� ATTEST: ` ROBIN CROUGH �••• 1 8B3 •••�Q City Clerk ' TIN COb1 - APPROVED AS TO FORM: G ULLIVAN City Attorney Page 4 of 4