HomeMy WebLinkAboutResolution 5589 Establishing Transportation and Engineering Fee Schedule for May 21, 2024Version February 2023
RESOLUTION 5589
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING EXISTING FEES AND ESTABLISHING A FEE SCHEDULE
FOR FEES COLLECTED FOR PERMITS REVIEWED AND APPROVED BY THE
DEPARTMENT OF TRANSPORTATION AND ENGINEERING.
WHEREAS, pursuant to §7-6-4013, Mont. Code Ann. when a local government has
authority to establish a fee for a service to those served by the local government, the fees must be
reasonable and related to the cost of providing the service.
WHEREAS, the City by and through the Department of Transportation and Engineering
(the “Department”) issues permits to individuals or entities for services that impact, occur on, or
are related to street, sidewalks, pathways, and other public rights of way within the city.
WHEREAS, pursuant to Sec. 34.02.030 Bozeman Municipal Code the Department is
authorized to issue permits and collects fees for excavations in the public right of way;
WHEREAS, pursuant to Sec. 38.400.090(A)(1)(a) BMC the Department is authorized to
issue permits for curb cuts, driveways, and sidewalks;
WHEREAS, pursuant to Sec. 34.02.040 and Sec. 34.02.050 BMC the Department may
permit obstructions of a public right-of-way for residential or commercial needs;
WHEREAS, pursuant to Sec. 38.410.060 BMC the Department is authorized to permit
encroachment permits for utility easements in the dedicated right-of-way;
WHEREAS, pursuant to Sec. 38.600.180 BMC the Department is authorized to collect an
application review fee for flood plain permits in an amount established by city commission
resolution;
WHEREAS, pursuant to Sec. 40.02.740 BMC the Department is authorized to review fire
flow applications;
WHEREAS, pursuant to Sec. 34.05.080 BMC the Department is authorized to issue
permits and collect fees for exclusive use of a public right-of-way in the downtown business
district;
WHEREAS, pursuant to Chapter 34, Article 8 BMC the City is authorized to permit and
recover costs related to parades and public assemblies including costs of traffic control signals and
street closures for events;
Version February 2023
WHEREAS, pursuant to Sec. 34.08.220 BMC the City is authorized to issue a waivers for
open containers of alcohol and collect associated fees;
WHEREAS, the Department commissioned an Engineering Review Fee Study to
reevaluate fees collected by the Department of Transportation and Engineering and to examine the
full cost to the city for providing these services and cost recovery. The results of the fee study
identified services the Department currently provides but is not assessing fees for; where fees
currently collected are well below cost recovery amounts; and recommendations with industry
standards to revise the fees to more accurately and equitably recover costs for services.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, to wit:
Section 1
Transportation and Engineering fees are updated and established as detailed in the
Transportation and Engineering Division Fee Schedule.
Section 2
The Transportation and Engineering Division Fee Schedule goes into effect July 1, 2024.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the _____ day of ___________________,
2024.
___________________________________
Terence Cunningham
Mayor
ATTEST:
___________________________________
Mike Maas
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney