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HomeMy WebLinkAboutOrdinance 04- 1611 Providing for adoption of Public Municipal Public Works Standard Specifications by Administative Order ORDINANCE NO. 1611 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPALCODE BEAMENDED BY ADDI NG SECTIONS 2.44.100, 2.44.110, 2.44.120, AN D 2.44.130; PROVI DI NG FOR THE ADOPTION OF THE CURRENT EDITIONS OF THE MONTANA PUBLIC WORKS STANDARD SPECIFICATIONS; PROVIDING FOR ADOPTION OF FUTURE EDITIONS BY ADMINISTRATIVE ORDER OF THE CITY MANAGER; PROVIDING FOR ADOPTION OF CITY OF BOZEMAN MODIFICATIONS TO THE MONTANA PUBLIC WORKS STANDARD SPECIFICATIONS AND DESIGN STANDARDS AND SPECIFICATIONS POLICY; AND PROVIDING FOR ADOPTIONS OF FUTURE EDITIONS BY ADMINISTRATIVE ORDER ACCORDING TO THE SPECIFIED PROCEDURE. BE IT ORDAINED by the City Commission of the City of Bozeman, Montana: Section 1 That the Bozeman Municipal Code be amended by adding Section 2.44.100 to read as follows: "2.44.100 Adoption of the Montana Public Works Standard Specifications A. The current edition of the Montana Public Works Standard Specifications (MPWSS), including all accompanying appendices, amendments and modifications adopted by the Association of General Contractors, Montana Chapter of the American Public Works Association and the Civil Engineers Council of Montana, and as amended from time to time, are adopted by reference and incorporated in this Title as if fully set forth herein, except as may be noted in this chapter, by future Administrative Order, or by any regulations not applicable to local government jurisdictions. B. One (1) copy of the MPWSS shall be kept on file in the office of the Clerk of Commission of the City of Bozeman, one (1) copy shall be kept on file in the office of the Director of Public Service of the City of Bozeman and one (1) copy shall be kept on file in the office of the City Engineer of the City of Bozeman. C. Any amendments or addendums adopted by the Association of General Contractors, Montana Chapter of the American Public Works Association and the Civil Engineers Council of Montana which apply to local government jurisdictions, including the adoption of the latest edition of MPWSS, shall become effective upon execution of an Administrative Order of the City Manager unless a different effective date is specified in the Administrative Order. D. A copy of the amendment notification and the corresponding new edition will be kept in the offices of the Clerk of Commission, the Director of Public Service, and the City Engineer. ----- E. The Montana Public Works Standard Specifications as adopted above are applicable within the City of Bozeman and to all projects in which falling under the supervision and jurisdiction of the City of Bozeman Engineering office." Section 2 That the Bozeman Municipal Code be amended by adding Section 2.44.110 to read as follows: "2.44.110 Adoption of City of Bozeman Modifications to the Montana Public Works Standard Specifications A. The City of Bozeman Modifications to the MPWWS (Modifications) as drafted by the City Engineer are hereby adopted by reference and incorporated in this Title as if fully set forth herein, except as may be noted in this chapter, by future Administrative Order, or by other amendment. B. One (1) copy of the Modifications shall be kept on file in the office of the Clerk of Commission of the City of Bozeman, one (1) copy shall be kept on file in the office of the Director of Public Service of the City of Bozeman, and one (1) copy shall be kept on file in the office of the City Engineer of the City of Bozeman. C. The Modifications, as adopted, are applicable within the City of Bozeman and to all projects in which falling under the supervision and jurisdiction of the City of Bozeman Engineering office." Section 3 That the Bozeman Municipal Code be amended by adding Section 2.44.120 to read as follows: "2.44.120 Adoption ofthe City of Bozeman Design Standards and Specifications Policy A. The City of Bozeman Design Standards and Specifications Policy (Policy) as drafted by the City Engineer is hereby adopted by reference and incorporated in this Title as if fully set forth herein, except as may be noted in this chapter, by future Administrative Order, or by other amendment. B. One (1) copy of the Policy shall be kept on file in the office of the Clerk of Commission of the City of Bozeman, one (1) copy shall be kept on file in the office of the Director of Public Service of the City of Bozeman and one (1) copy shall be kept on file in the office of the City Engineer of the City of Bozeman. C. The Policy, as adopted, is applicable within the City of Bozeman and to all projects in which falling under the supervision and jurisdiction of the City of Bozeman Engineering office." Section 4 That the Bozeman Municipal Code be amended by adding Section 2.44.130 to read as follows: - 2 - "2.44.130 Amendment of the City Modifications to the MPWWS and City Design Standards and Specifications Policy A. Any amendments to the Modifications and the Policy shall first be drafted and reviewed by the City Engineering Division, with comment from the public. These amendments, when compiled and reviewed, shall be forwarded to the Director of Public Service for review. The Director of Public Service shall forward the proposed revisions to the City Manager for approval as appropriate. B. The City Manager may approve the changes and adopt them by issuance of an Administrative Order. The effective date of the changes shall be upon execution of the Administrative Order unless the Order specifies otherwise. The City Manager may also decline to adopt the changes by Administrative Order. In the event the City Manager declines to adopt the changes by Administrative Order, the Director of Public Service shall be notified of this decision and the proposal may be submitted through the ordinance amendment procedure. C. A copy of the amendment notification, when approved, will be kept in the office of the Clerk of Commission, the Director of Public Service, and the City Engineer. A copy of the revised Modifications or Policy shall accompany this notification. D. The Modifications and the Design Standards and Specifications Policy, as amended, are applicable within the City of Bozeman and to all projects in which falling under the supervision and jurisdiction of the City of Bozeman Engineering office," Section 5 Repealer. All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed. Section 6 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. Section 7 Severability. If any portion of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions of this ordinance which may be given effect without the invalid provisions or application and, to this end, the provisions of this ordinance are declared to be severable. - 3 - Section 8 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PASSED by the City Commission of the City of Bozeman, Montana on first reading at a regular session thereof held on the 22nd day of March 2004. ATTEST: e~.stw~ Clerk of the Commission 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 5th day of Apri 1 2004. A ATTEST: ~J~ R IN L. SULLIVAN Clerk of the Commission - 4 - __n _.._.._..______