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HomeMy WebLinkAbout24- Ordinances 2158 - Amending Chapter 34.02 to Generally Revise the Fee Collection for Lane/Shoulder/Path Mitigations FeesVersion February 2023 Ord 2158 Page 1 of 4 ORDINANCE 2158 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING CHAPTER 34.02 OF BOZEMAN MUNICIPAL CODE TO GENERALLY REVISE THE FEE COLLECTION FOR LANE/SHOULDER/PATH MITIGATIONS FEES WHEN OBSTRUCTING OR ENCUMBERING STREETS. WHEREAS, on January 26, 2021, the City Commission of the City of Bozeman adopted Ordinance 2058, amending Chapter 34. Article 2 of the Bozeman Municipal Code to update bonding and permitting requirements for work on public streets, establishing lane/shoulder/path closure mitigation fees, establishing specific penalties, and updating of language within the chapter; and WHEREAS, on February 15, 2022, the City Commission of the City of Bozeman adopted Ordinance 2098, the most recent update to Chapter 34 Article 2 of Bozeman Municipal Code; and WHEREAS, Sec. 34.02.040 authorizes the Director of Transportation and Engineering to establish a lane/shoulder/path mitigation fee for street obstruction permits on a per square foot per day basis; and WHEREAS, the Director of Transportation and Engineering seeks to establish a more equitable manner of assessing lane/shoulder/path mitigation fees; and WHEREAS, the spatial impact to the public from obstructing elements of the right of way such as but not limited to lanes, shoulder, bike lanes, sidewalks, and paths is more accurately based on length of obstruction and is less dependent on width of the obstruction; and WHEREAS, revising the assessment of lane/shoulder/path mitigation fees from a per square foot to per linear foot basis for each element of the right of way on a street requiring a street obstruction permit establishes a more equitable manner of assessment; and WHEREAS, the lane/shoulder/path mitigation fees collected as part of street obstruction permits may be used to maintain, repair, and improve elements of the right of way for the benefit of the public and therefore shall be deposited into the street maintenance fund. Docusign Envelope ID: F46F16BA-A9DC-4020-9059-C1D4B1A98587 Ordinance No. 2158, Revision to Obstructing and Encumbering Streets Page 2 of 4 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That Section 34.02.040, Bozeman Municipal Code, will be amended as follows: Sec. 34.02.040. Obstructing or encumbering streets; permit required. A. No person, association, company or corporation shall encumber or obstruct, or cause to be encumbered or obstructed any street, avenue, alley, trail, path, or other public place in the city by placing therein or thereon any building materials, trash, garbage, rubbish, debris, accumulated snow and ice removed from an adjoining private premises, or any article or thing whatsoever, without first having obtained a street obstruction permit from the transportation and engineering department. B. Applications for street or path obstructions will be subject to a permit fee and a lane/shoulder/path mitigation fee as established by the transportation and engineering director. Lane/shoulder/path mitigation fees will be charged on a square foot linear foot per day basis for travel and bike lanes, parking lanes, shoulders, paths, and/or sidewalks encumbered by the permittee. Complete closures of streets will be assessed the aforementioned mitigation fees based on the area linear footage of each element of the street from the point of its respective closure to the nearest intersection(s) with an open public street. C. Lane/shoulder/path mitigation fees collected as part of street obstruction permits shall be deposited into the street maintenance fund. Section 2 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. Section 3 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 Docusign Envelope ID: F46F16BA-A9DC-4020-9059-C1D4B1A98587 Ordinance No. 2158, Revision to Obstructing and Encumbering Streets Page 3 of 4 provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 4 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 5 Codification. This Ordinance shall be codified as indicated in Section 1. Section 6 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 26th day of March 2024. ____________________________________ TERRY CUNNINGHAM Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk Docusign Envelope ID: F46F16BA-A9DC-4020-9059-C1D4B1A98587 Ordinance No. 2158, Revision to Obstructing and Encumbering Streets Page 4 of 4 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 ____________________, 20__. The effective date of this ordinance is ______________, 20__. _________________________________ TERRY CUNNINGHAM Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney Docusign Envelope ID: F46F16BA-A9DC-4020-9059-C1D4B1A98587 May June 6th24 7th 24 Certificate Of Completion Envelope Id: F46F16BAA9DC40209059C1D4B1A98587 Status: Completed Subject: Complete with Docusign: Ordinance_2158_Revision_to_Obstructing_and_Encumbering_Streets_-_FINAL.pdf Source Envelope: Document Pages: 4 Signatures: 5 Envelope Originator: Certificate Pages: 5 Initials: 0 Alex Newby AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) Stamps: 2 anewby@bozeman.net IP Address: 69.145.83.100 Record Tracking Status: Original 7/1/2024 3:23:33 PM Holder: Alex Newby anewby@bozeman.net Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City Manager Location: DocuSign Signer Events Signature Timestamp Greg Sullivan gsullivan@bozeman.net Bozeman City Attorney City of Bozeman, Montana Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 69.145.83.100 Sent: 7/1/2024 3:28:35 PM Viewed: 7/8/2024 4:08:16 PM Signed: 7/8/2024 4:08:27 PM Electronic Record and Signature Disclosure: Accepted: 7/8/2024 4:08:16 PM ID: a06183df-00b2-4513-b604-026371a792d9 Terry Cunningham tcunningham@bozeman.net Mayor City of Bozeman Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.60.113.144 Signed using mobile Sent: 7/8/2024 4:08:27 PM Viewed: 7/8/2024 4:09:02 PM Signed: 7/8/2024 4:09:13 PM Electronic Record and Signature Disclosure: Accepted: 11/3/2022 7:48:36 AM ID: 3079a697-195d-4eed-be8a-2bfe643492d2 Mike Maas mmaas@bozeman.net City Clerk City of Bozeman Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 69.145.83.100 Sent: 7/8/2024 4:09:14 PM Viewed: 7/9/2024 11:45:11 AM Signed: 7/9/2024 11:45:25 AM Electronic Record and Signature Disclosure: Accepted: 8/23/2022 2:22:44 PM ID: b1bb90fd-5db8-4a5f-9451-9536f39ef003 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Marcy Yeykal myeykal@bozeman.net Transportation/Engineering Security Level: Email, Account Authentication (None) Sent: 7/9/2024 11:45:26 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 7/1/2024 3:28:35 PM Certified Delivered Security Checked 7/9/2024 11:45:11 AM Signing Complete Security Checked 7/9/2024 11:45:25 AM Completed Security Checked 7/9/2024 11:45:26 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City Manager (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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