HomeMy WebLinkAboutOrdinance 03- 1591 Assessment of fees for cutting of streets
ORDINANCE NO. 1591
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED
BY REVISING SECTION 12.12.030 OF SAID
CODE, PROVIDING FOR
ASSESSMENT OF FEES FOR CUTTING OF STREETS.
BE IT ORDAINED by the City Commission of the City of Bozeman, Montana:
Section 1
That Section 12.12.030 ofthe Bozeman Municipal Code be amended so that such section shall
read as follows:
"12.12.030 Work in streets-Permit required-Interfering with authorized work prohibited.
No person shall impede. obstruct, or tear up any pavement, sidewalk or crosswalk, or any part
thereof; dig any hole, shaft, ditch or drain; or dig or remove any sod, earth, stones, sand or gravel from
any street, avenue, alley and public place without first having obtained permission a permit from the
director of public service or designee; or hinder or obstruct the making or repairing of any public
improvement or work ordered or done by, or under the authority of the city.
Permits for excavations in paved streets or alleys shall be subject to an application fee and a
pavement degradation fee as established by resolution. Newly constructed streets. reconstructed
streets, or streets that have been repaved shall be considered protected streets for a period of five years
following construction. Permits for excavations in protected streets shall be subject to an additional
pavement degradation surcharge as established by resolution.
All applicants requesting permits to excavate in any public right-of-way shall either file or have
on file with the director of pUblic service or designee a street opening bond prior to conducting any work
in the public right-of-way. The company writing the bonds shall be licensed to do business in the State
of Montana.
All applicants requesting permits to excavate in any public right-of-way shall either file or have
on file with the director of public service or designee proof of general liability insurance coverage, prior
to conducting any work in the public right-of-way. The insurance company shall be licensed to do
business in the State of Montana.
The amount of bonding and insurance coverages required shall be as established by resolution.
Pavement degradation fees or surcharges shall not be required for emergency utility repair
work; installation of new fire sprinkler service lines required by the City Fire Marshal, if no alternate
connection point is available; or for infrastructure improvement work being done under the City's Capital
Improvements Program.
Pavement degradation fees shall be deposited into the Street Maintenance Fund."
Section 2
Repealer. All resolutions, ordinances and sections of the Bozeman Municipal Code and parts
thereof in conflict herewith are hereby repealed.
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.
Section 4
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.
Section 5
Effective Date. This ordinance shall be in full force and effect on April 20, 2003.
PASSED by the City Commission of the City of Bozeman, Montana on first reading at a regular
session thereof held on the 3rd day of March 2003.
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ST VEN R. KI HOFF, May r
ATTEST:
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ROBIN L. SULLIVAN
Clerk of the Commission
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PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman,
Montana, on second reading ata regular session thereof held on the 17th dayof March 2003.
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ATTEST:
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ROB N L. SULLIVAN
Clerk of the Commission
APPRO~~S TO FORM:
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