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HomeMy WebLinkAboutOrdinance 96- 1414, Adds Ch. 3.24, impact fees - ORDINANCE NO. 1414 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING A NEW CHAPTER TO BE NUMBERED AS CHAPTER 3.24, PROVIDING FOR FIRE, WATER, WASTEWATER AND STREET IMPACT FEES. BE IT ORDAINED by the City Commission of the City of Bozeman, Montana, that Section 1 The Bozeman Municipal Code be amended by adding a new chapter to be numbered Chapter 3.24, to read as follows: "Chapter 3.24 Impact Fees 3.24.010 leQislative FindinQs. The City Commission of the City of Bozeman, Montana finds that: A. The protection of the health, safety, and general welfare of the citizens of the City requires that the street, fire protection, water, and wastewater systems of the City be expanded and improved to accommodate continuing growth within the City and within those areas directly served by its fire department and within those areas connected to its water and wastewater systems. B. New residential and nonresidential development imposes increased and excessive demands upon existing City facilities. C. New development often overburdens existing public facilities and the tax revenues generated from new development often do not generate sufficient funds to provide public facilities to serve the new development. D. New development is expected to continue, and will place ever-increasing demands on the City to provide public facilities to serve new development. E. The creation of an equitable Development Impact Fee system would enable the City to impose a proportionate share of the costs of required Improvements to the City's street, fire protection, water, and wastewater systems on those developments that create the need for them. F. All types of development that are not explicitly exempted from the provisions of this chapter will generate demand for streets, fire protection, water, and wastewater services or facilities that will require Improvements to City facilities and equipment. G. The Street Impact Fee Study, Fire Impact Fee Study, and Water and Wastewater Impact Fee Study prepared by James Duncan and Associates dated October 1995 set forth reasonable methodologies and analyses for determining the impacts of various types of development on the City's street, fire protection, water, and wastewater systems, and for determining the cost of acquiring land and the cost of acquiring or constructing facilities and equipment necessary to meet the demands for such services created by new development. H. The City hereby establishes as City standards the assumptions and service standards referenced in the three Impact Fee Studies as part of its current plans for the Major Street System and for the City's fire protection, water, and wastewater systems. I. The Development Impact Fees described in this chapter are based on those three Impact Fee Studies, and do not exceed the costs of acquiring additional land and the costs of acquiring or constructing additional facilities or equipment required to serve the new developments that will pay the Fees. J. All of the street Improvements listed in the Street Impact Fee Study will benefit all new development in the City, and it is therefore appropriate to treat the entire City as a single service / area for purposes of calculating, collecting, and spending the Street Impact Fees. - ---~~-~ ---- K. All of the fire protection Improvements listed in the Fire Impact Fee Study will benefit all new development that receives fire protection service directly from the City Fire Department, and it is therefore appropriate to treat the entire City and all properties served directly by the City Fire Department as a single service area for purposes of calculating, collecting, and spending the Fire Protection Impact Fees. L. All of the water system Improvements listed in the Water and Wastewater Impact Fee ~ will benefit all new development that connects to the City water system, and it is therefore appropriate to treat the entire City and all properties connected to the City water system as a single service area for purposes of calculating, collecting, and spending the Water Impact Fees. M. All of the wastewater system Improvements listed in the Water and Wastewater Imoact Fee Study will benefit all new development that connects to the City wastewater system, and it is therefore appropriate to treat the entire City and all properties connected to the City wastewater system as a single service area for purposes of calculating, collecting, and spending the Wastewater Impact Fees. N. There is both a rational nexus and a rough proportionality between the development impacts created by each type of development covered by this chapter and the Development Impact Fees that such development will be required to pay. O. This chapter creates a system by which Development Impact Fees paid by new developments will be used to expand or improve the City street, fire protection, water, and wastewater systems in ways that benefit the development that paid each Fee within a reasonable period of time after the Fee is paid. P. This chapter creates a system under which Development Impact Fees shall not be used to cure existing deficiencies in public facilities. 3.24.020 Authoritv and Applicabilitv A. This chapter is enacted pursuant to the City's general police power, the authority granted to the City by the Montana State Constitution, and Sections 7-1-4123, 7-1-4124, 7-3-4313,7-7-4404,7-7-4424,7-13-4304, and 69-7-101 of the Montana Code Annotated. B. The provisions of this chapter shall apply to all of the territory within the limits of the City. C. The provisions of this chapter related to the Fire Protection Impact Fees shall also apply to all properties located outside the City that are served directly by the City Fire Department. D. The provisions of this chapter related to Water Impact Fees shall also apply to all properties located outside the City that are connected to the City water system. E. The provisions of this chapter related to Wastewater Impact Fees shall also apply to all properties located outside the City that are connected to the City wastewater system. 3.24.030 Intent A. This chapter is adopted to help implement the Comorehensive Plan of the City, the City's 1993 Transoortation Plan Uodate prepared by Robert Peccia & Associates, the May 1995 draft of the Water Facilitv Plan prepared for the City by HKM Associates, and the January 1995 draft of the Wastewater Facilitv Plan prepared for the City by HKM Associates. B. The intent of this chapter is to ensure that new development bears a proportionate share of the cost of Improvements to the City street, fire protection, water, and wastewater systems; to ensure that such proportionate share does not exceed the cost of the street, fire protection, water, and wastewater facilities and equipment required to serve such new developments; and to ensure that funds collected from new developments are actually used to construct Improvements to the City street, fire protection, water, and wastewater systems that benefit such new developments. C. It is the further intent of this chapter that new development pay for its fair share of public facilities through the imposition of Development Impact Fees that will be used to finance, defray, or reimburse all or a portion of the costs incurred by the City to construct improvements - 2 - ------ --- ------- - to the City street, fire protection, water, and wastewater systems that serve or benefit such new development. D. It is not the intent of this chapter to collect any money from any new development in excess of the actual amount necessary to offset new demands for street, fire protection, water, or wastewater Improvements generated by that new development. E. It is not the intent of this chapter that any monies collected from any Development Impact Fee and deposited in an Impact Fee Fund ever be commingled with monies from a different Impact Fee Fund or ever be used for a type of facility or equipment different from that for which the Fee was paid. 3.24.040 Definitions A. "Development" means any construction or expansion or a building, structure, or use, any change in use of a building or structure, or any change in the use of land, which creates additional demand for public services. B. "Development Impact Fees" means the Street Impact Fee, Fire Protection Impact Fee, Water Impact Fee, and Wastewater Impact Fee established by this chapter. C. "Impact Fee Funds" means the Street Impact Fee Fund, Fire Protection Impact Fee Fund, Water Impact Fee Fund, and Wastewater Impact Fee Fund established by this chapter. D. "Impact Fee Studies" means the Street Impact Fee Study, Fire Impact Fee Study, and Water and Wastewater Impact Fee Study prepared by James Duncan and Associates dated October 1995, E. "Improvement" means planning, land acquisition, engineering design, construction inspection, on-site construction, off-site construction, equipment purchases, and financing costs associated with new or expanded facilities, buildings, and equipment that expand the capacity of a facility or service system and that have an average useful life of at least ten (10) years, but not including maintenance, operations, or improvements that do not expand capacity, F. "Independent Fee Calculation Study" means a study prepared by an applicant for a building permit or water or wastewater connection permit calculating the cost of expansions or improvements to the City's street, fire protection, water, or wastewater systems required to serve the applicant's proposed development, that is performed on an average cost (not marginal cost) methodology, uses the service units and unit construction costs stated in the Impact Fee Studies, and is performed in compliance with any criteria for such studies established by this chapter or by the City, G. " Site-Related Improvem ents" means site-related improvements include, without limitation, all access streets adjacent to the proposed development or leading only to the proposed development; all streets and driveways within the development; all acceleration, deceleration, right, or left turn lanes leading to any streets and driveways within the development; all traffic control devices for streets and driveways within the development; all water lines or facilities adjacent to, leading to, or located within the development and serving only the development; and all wastewater lines or facilities adjacent to, leading to, or located within and serving only the development. 3.24.050 Street Impact Fees A. Imposition of Street Impact Fees 1 . On or after March 23, 1996, any person who seeks to obtain (a) a building permit, or (b) any other permit that will result in the construction of improvements that will generate additional traffic, or (c) any extension of any such permit that was issued before the effective date of this chapter, is required to pay a Street Impact Fee in the amount specified in this chapter. 2. No permits of the types described in Section 3.24,050.A above shall be issued until the Street Impact Fee described in this chapter has been paid, unless the development for which the permit is sought is exempted by Section 3.24.050.F of this chapter. - 3 - ...... ------. .---.-- B. Computation of Amount of Street Impact Fee 1 . An applicant required by this chapter to pay a Street Impact Fee may choose to have the amount of such Fee determined pursuant to either Section 3.24.050.8.2 or 3 below. The amount of the Fee calculated pursuant to either Section 3.24.050.8.2 or 3 shall be subject to the following adjustments: 0 Beginning March 23, 1996, the Fee shall be ten percent (10%) of the amount calculated. On or before May 1, 1997, the City Commission shall review the fees to determine whether a percentage or all of the remainder of the fee shall be implemented and, if implemented, the timeframe and percentage of the fee. 2. Unless an applicant requests that the City determine the amount of such Fee pursuant to Section 3.24.50.8.3 below, the City shall determine the amount of the required Street Impact Fee by reference to Table 1. The Fee amounts set forth in such Table include credits for expected future receipts of state and federal highway funds and expected future receipts of gas tax revenues applied to the street Improvements required to serve new development. a. If the applicant's development is of a type not listed in Table 1, then the City shall use the Fee applicable to the most nearly comparable type or land use in the Table. In making a decision about which use is most nearly comparable, the City shall be guided by the most recent edition of "Trip Generation: An Information Report" prepared by the Institute of Transportation Engineers, or if such publication is no longer available, then by a similar publication. If the City determines that there is no comparable type of land use listed in the Table, then a new Fee shall be determined by (i) finding the most nearly comparable trip generation rate from the above publication, and (ii) applying the formula set forth in Section 3.24.050.8.3.d of this chapter. b. If the applicant's development includes a mix of those uses listed in Table 1, then the Fee shall be determined by adding up the Fees that would be payable for each use if it was a free-standing use pursuant to Table 1. c. If the applicant is applying for an extension of a permit issued previously, then the Fee shall be the net increase between the Fee applicable at the time of the current permit application and any Street Impact Fee previously paid pursuant to this chapter for the same structure. In the event that the Fee applicable at the time of the current permit application is lower than the Street Impact Fee previously paid pursuant to this chapter for the same structure, there shall be no refund of Street Impact Fees previously paid. d. If the applicant is applying for a permit to allow a change of use or the expansion, redevelopment, or modification of an existing development, the Fee shall be based on the net positive increase in the Fee for the new use as compared to the previous use. If necessary to determine such net increase, the City shall be guided by the most recent edition of "Trip Generation: An Information Report" prepared by the Institute of Transportation Engineers, or if such publication is no longer available, then by a similar publication. In the event that the proposed change of use, expansion, redevelopment, or modification results in a net decrease in the Fee for the new use or development as compared to the previous use or development, there shall be no refund of Street Impact Fees previously paid. 3. An applicant may request that the City determine the amount of the required Street Impact Fee by reference to an Independent Fee Calculation Study for the applicant's development prepared by qualified professional traffic engineers and/or economists at the applicant's cost and submitted to the City Engineer. Any such study must show the traffic engineering and economic methodologies and assumptions used, including but not limited to those forms - 4 - --. - ._____.u._ --- -. . -- ...-.. ".- ,.-.-- of documentation listed in Sections a. and b. below, and must be acceptable to the City pursuant to Section c. below. a. Traffic engineering studies must include documentation of trip generation rates, trip lengths, any percentage of trips from the site that represent net additions to current trips from the site, the percentage of trips that are new trips as opposed to pass~by or divert~link trips, and any other trip data for the proposed land use. b. Economic studies must include documentation of any special factors that the applicant believes will reduce the traffic volumes otherwise attributable to the proposed land use. c. The City shall consider all such documentation and any Independent Fee Calculation Study submitted by the applicant, but shall not be required to accept any slich study or documentation that the City deems to be inaccurate or unreliable, and may request that the applicant submit additional or different documentation for consideration. Any Independent Fee Calculation Study submitted by an applicant may be accepted, rejected, or accepted with modifications by the City as the basis for calculating Street Impact Fees. d. Upon acceptance or acceptance with modifications of an Independent Fee Calculation Study and documentation, the City shall use the following formulas to determine the Street Impact Fee: New Lane Miles = [(One Way Average Daily Trips x Primary Trip Factor x Average Trip Length)/( 12,000 Vehicles per Day per Lane)] Cost = New Lane Miles x $1,549,795 (from Street Impact Fee Study) Street Impact Fee = Cost x .448 (representing the same 55.2% credit for expected state and federal highway funding and gas tax revenues used to calculate the Fees in Table 1) where: "One Way Average Daily Trips" means one-half of the average daily trip ends on a weekday; and "Primary Trip Factor" means that percentage of average daily trips to or from the development that are primary trips, as opposed to pass-by or divert-link trips; and "Average Trip Length" means the average distance per trip traveled on public streets in the City C. Payment of Street Impact Fee 1 . An applicant for any of the permits or extensions listed in Section 3.24.050.A.1 shall pay the Street Impact Fee required by this chapter to the City prior to the issuance of any such permit. 2. All funds paid by an applicant pursuant to this chapter shall be identified as Street Impact Fees and shall be promptly deposited in the Street Impact Fee Fund described in Section 3.24.050.0. D. Street Impact Fee Funds 1 . A single Street Impact Fee Fund is hereby created, and such Fund shall be maintained in an interest bearing account. 2. Such Fund shall contain only those Street Impact Fees collected pursuant to this chapter and any interest which may accrue from time to time on such amounts. - 5 - E. Use of Street Impact Fee Funds. The monies in the Street Impact Fee Fund shall be used only (1) to acquire land for and/or acquire or construct any Improvements to the Major Street System anywhere within the City, or (2) to pay debt service on any portion of any current or future general obligation bond issue or revenue bond issue used to finance Improvements to the City's Major Street System, including without limitation any such portions of the City's 1995 general obligation bond issue, or (3) as described in Section 3.24.090 or 3.24.1 OO.G. F. Exemptions from Street Impact Fee 1 . The following types of development shall be exempted from payment of the Street Impact Fee: a. Expansions of existing non-residential buildings by up to, but not including, twenty percent (20%) as compared with their size on February 22, 1996, provided, however, that the expansion, when combined with all previous expansions occurring after February 22, 1996, does not total twenty percent (20%) or more of the size of the building existing on February 22, 1996. b. Alterations or expansions of existing buildings where the use is not changed, no additional residential units are created, and no additional vehicle trips will be produced over and above those produced by the existing use. c. Construction of accessory buildings or structures that will not produce additional vehicle trips over and above those produced by the primary building or land use. d. The replacement of a destroyed or partially destroyed building or structure with a new building or structure of the same size and use where no additional vehicle trips will be produced over and above those produced by the original building or structure. e. The installation or replacement of a mobile home on a lot or a mobile home site when a Street Impact Fee for such lot or site has previously been paid pursuant to this chapter or where a mobile home legally existed on such site on or prior to the effective date of this chapter. f. Any other type of development for which the applicant can demonstrate that the proposed land use and development will produce no more vehicle trips from such site over and above the trips from such site prior to the proposed development, or for which the applicant can show that a Street Impact Fee for such site has previously been paid in an amount that equals or exceeds the Street Impact Fee that would be required by this chapter for such development. 2. Any such claim for exemption must be made no later than the time when the applicant applies for the first permit of a type listed in Section 3.24.050.A.1 for the proposed development, and any claim for exemption not made at or before that time shall have been waived. 3. The City Manager or his designee shall determine the validity of any claim for exemption pursuant to the criteria set forth in Section 3.24.050.F.1. 3.24.060 Fire Protection Impact Fees A. Imposition of Fire Protection Impact Fees 1 . On or after March 23, 1996, any person who seeks to obtain (a) a building permit, or (b) any other permit that will result in construction that will generate demand for fire protection services, or (c) any extension of any such permit that was issued before the effective date of this chapter, is required to pay a Fire Protection Impact Fee in the amount specified in this chapter. ~ 6 - -......-------- 2. No permits of the types described in Section 3.24.060.A.1 shall be issued until the Fire Protection Impact Fee described in this chapter has been paid, unless the development for which the permit is sought is exempted by Section 3.24.060. F. B. Computation of Amount of Fire Protection Impact Fee 1. An applicant required by this chapter to pay a Fire Protection Impact Fee may choose to have the amount of such Fee determined pursuant to either Section 3.24.060.8.2 or 3 below. The amount of the Fee calculated pursuant to either Section 3.24.060.8.2 or 3 shall be subject to the following adjustments: 0 Beginning March 23, 1996, the Fee shall be ninety percent (90%) of the amount calculated. On or before May 1, 1997, the City Commission shall review the fees to determine whether a percentage or all of the remainder of the fee shall be implemented and, if implemented, the timeframe and percentage of the fee. 2. Unless an applicant requests that the City determine the amount of such Fee pursuant to Section 3.24.60.B.3 below, the City shall determine the amount of the required Fire Protection Impact Fee by reference to Table 2. a. If the type of development that a permit is applied for is not listed in Table 2, then the City shall use the Fee applicable to the most nearly comparable type or land use in the table. b. If the type of development that a permit is applied for includes a mix of those uses listed in Table 2, then the Fee shall be determined by adding up the Fees that would be payable for each use if it was a free~standing use pursuant to Table 2. c. If the applicant is applying for an extension of a permit issued previously, then the Fee shall be the net increase between the Fee applicable at the time of the current permit application and any Fire Protection Impact Fee previously paid pursuant to this chapter for the same structure. In the event that the Fee applicable at the time of the current permit application is lower than the Fire Protection Impact Fee previously paid pursuant to this chapter for the same structure, there shall be no refund of Fire Protection Impact Fees previously paid. d. If the applicant is applying for a permit to allow a change of use or for the expansion, redevelopment, or modification of an existing development, the Fee shall be based on the net increase in the Fee for the new use as compared to the previous use. In the event that the proposed change of use, expansion, redevelopment, or modification results in a net decrease in the Fee for the new use or development as compared to the previous use or development, there shall be no refund of Fire Protection Impact Fees previously paid. 3. An applicant may request that the City determine the amount of the required Fire Protection Impact Fee by reference to an Independent Fee Calculation Study for the applicant's development prepared at the applicant's cost by qualified professional fire protection experts and/or economists and submitted to the City Fire Chief. Any such Study shall be based on the same service standards and unit costs for fire protection used in the Fire Imoact Fee Study prepared by James Duncan and Associates dated October 1995, and must document the economic methodologies and assumptions used. Any Independent Fee Calculation Study submitted by an applicant may be accepted, rejected, or accepted with modifications by the City as the basis for calculating Fire Protection Impact Fees. If such Study is accepted or accepted with modifications as a more accurate measure of the demand for new fire protection facilities and equipment created by the applicant's proposed development than the applicable Fee shown in Table 2, then the Fire Protection Impact Fee due under this chapter may be calculated according to such Study. - 7 - .. .-----."..- __u_.__.. _ --~- ----.-- - C. Payment of Fire Protection Impact Fees 1. An applicant required by this chapter to pay a Fire Protection Impact Fee shall pay such Fee to the City prior to the issuance of any of the permits listed in Section 3.24.060.A.1. 2. All funds paid by an applicant pursuant to this chapter shall be identified as Fire Protection Impact Fees and shall be promptly deposited in the Fire Protection Impact Fee Fund described in Section 3.24.060.D. D. Fire Protection Impact Fee Funds 1. A single Fire Protection Impact Fee Fund is hereby created, and such Fund shall be maintained in an interest bearing account. 2. Such Fund shall contain only those Fire Protection Impact Fees collected pursuant to this chapter and any interest which may accrue from time to time on such amounts. E. Use of Fire Protection Impact Fee Funds. The monies in the Fire Protection Impact Fee Fund shall be used only (1) to acquire or construct fire protection Improvements within the City, or (2) to pay debt service on any portion of any future general obligation bond issue or revenue bond issue used to finance the acquisition or construction of fire protection Improvements within the City, or (3) as described in Section 3.24.090 or 3.24.1 OO.G. F. Exemptions from Fire Protection Impact Fee 1. The following types of development shall be exempted from payment of the Fire Protection Impact Fee: a. Expansions of existing non-residential buildings by up to, but not including, twenty percent (20%) as compared with their size on February 22, 1996, provided, however, that the expansion, when combined with all previous expansions occurring after February 22, 1996, does not total twenty percent (20%) or more of the size of the building existing on February 22, 1996. b. Reconstruction, expansion, or replacement of a previously existing residential unit that does not create any additional residential units. c. Construction of unoccupied accessory units related to a residential unit. d. Projects that the applicant can demonstrate will produce no greater demand for fire protection from such land than existed prior to issuance of such permit. e. Projects for which a Fire Protection Impact Fee has previously been paid in an amount that equals or exceeds the Fire Protection Impact Fee that would be required by this chapter. 2. Any such claim for exemption must be made no later than the time when the applicant applies for the first permit of a type listed in Section 3.24.060.A. 1 for the proposed development, and any claim for exemption not made at or before that time shall have been waived. 3. The City Manager or his designee shall determine the validity of any claim for exemption pursuant to the criteria set forth in Section 3.24.060.F.1. 3.24.070 Water ImDact Fees A. Imposition of Water Impact Fees 1. On or after March 23, 1996, any person who seeks to obtain a permit for connection to the City water system or any extension of such a permit issued before the effective date of this chapter is required to pay a Water Impact Fee - 8 - -... --.-- in the amount specified in this chapter. 2. No permits for connection to the City water system shall be issued until the Water Impact Fee described in this chapter has been paid, unless the development for which the permit is sought is exempted by Section 3.24.070.F. B. Computation of Amount of Water Impact Fee 1. An applicant required by this chapter to pay a Water Impact Fee may choose to have the amount of such Fee determined pursuant to either Section 3.24.070.B.2 or 3 below. The amount of the Fee calculated pursuant to either Section 3.24.070.B.2 or 3 shall be subject to the following adjustments: 0 Beginning March 23, 1996, the Fee shall be thirty-five percent (35%) of the amount calculated. On or before May 1, 1997, the City Commission shall review the fees to determine whether a percentage or all of the remainder of the fee shall be implemented and, if implemented, the timeframe and percentage of the fee. 2. Unless an applicant requests that the City determine the amount of such Fee pursuant to Section 3.24.70.8.3 below, the City shall determine the amount of the required Water Impact Fee by reference to Table 3. If the applicant is applying for a replacement for a water connection permit issued previously, then the Fee shall be the net positive difference between the Fee applicable at the time of the current permit application and any Water Impact Fee previously paid pursuant to this chapter for the same structure. In the event that the Fee applicable at the time of the replacement permit application is lower than the Water Impact Fee previously paid pursuant to this chapter for the same structure, there shall be no refund of Water Impact Fees previously paid. 3. An applicant may request that the City determine the amount of the required Water Impact Fee by reference to an Independent Fee Calculation Study for the appl icant' s development prepared at the applicant's cost by a professional engineer and/or economists and submitted to the City Public Service Director. Any such Study shall be based on the same service standards and unit costs used in the Water and Wastewater Imoact Fee Study prepared by James Duncan and Associates dated October 1995, and must document the economic methodologies and assumptions used. Any Independent Fee Calculation Study su bm itted by an applicant may be accepted, rejected, or accepted with modifications by the City as the basis for calculating Water Impact Fees. If such Study is accepted or accepted with modifications as a more accurate measure of the demand for new water facilities created by the applicant's proposed development than the applicable Fee shown in Table 3, then the Water Impact Fee due under this chapter may be calculated according to such Study. C. Payment of Water Impact Fee 1. An applicant required by this chapter to pay a Water Impact Fee shall pay such Fee to the City prior to the issuance of a water connection permit. 2. All funds paid by an applicant pursuant to this chapter shall be identified as Water Impact Fees and shall be promptly deposited in the Water Impact Fee Fund described in Section 3.24.070. D. D. Water Impact Fee Funds 1 . A single Water Impact Fee Fund is hereby created, and such Fund shall be maintained in an interest bearing account. 2. Such Fund shall contain only those Water Impact Fees collected pursuant to this chapter and any interest which may accrue from time to time on such amounts. E. Use of Water Impact Fee Funds. The monies in the Water Impact Fee Fund shall be used only (1) to acquire or construct Improvements to the City water system, or (2) to pay debt service on any portion of any future general obligation bond issue or revenue bond issue used to - 9 - -.. finance Improvements to the City water system, or (3) as described in Section 3.24.090 or 3.24.100.G. F. Exemptions from Water Impact Fees 1 . The following types of development shall be exempted from payment of the Water Impact Fee: a. Expansions of existing non-residential buildings by up to, but not including, twenty percent (20%) as compared with their size on February 22, 1996, provided, however, that the expansion, when combined with all previous expansions occurring after February 22, 1996, does not total twenty percent (20%) or more of the size of the building existing on February 22, 1996. b. Alteration or expansion of an existing building that does not require an additional or larger water tap. c. Replacement of a building or structure of the same size that does not require an additional or larger water tap. d. The location of mobile home on a site for which a Water Impact Fee was previously paid, and that does not require an additional or larger water tap. 2. The installation of fire lines for fire protection shall be exempted from payment of the Water Impact Fee. 3. Any such claim for exemption must be made no later than the time when the applicant applies for the first permit of a type listed in Section 3.24.070.A.1 for the proposed development, and any claim for exemption not made at or before that time shall have been waived. 4. The City Manager or his designee shall determine the validity of any claims for exemption pursuant to the criteria set forth in Sections 3.24.070.F.1 and 2. 3.24.080 Wastewater ImDact Fees A. Imposition of Wastewater Impact Fees 1. On or after March 23, 1996, any person who seeks to obtain a permit for connection to the City wastewater system or any extension of such a permit issued before the effective date of this chapter is required to pay a Wastewater Impact Fee in the amount specified in this chapter. 2. No permits for connection to the City wastewater system shall be issued until the Wastewater Impact Fee described in this chapter has been paid, unless the development for which the permit is sought is exempted by Section 3.24.080.F. B. Computation of Amount of Wastewater Impact Fee 1. An applicant required by this chapter to pay a Wastewater Impact Fee may choose to have the amount of such Fee determined pursuant to either Section 3.24.080.8.2 or 3 below. The amount of the Fee calculated pursuant to either Section 3.24.080.8.2 or 3 shall be subject to the following adjustments: 0 Beginning March 23, 1996, the Fee shall be thirty-five percent (35%) of the amount calculated. On or before May 1, 1997, the City Commission shall review the fees to determine whether a percentage or all of the remainder of the fee shall be implemented and, if implemented, the timeframe and percentage of the fee. 2. Unless an applicant requests that the City determine the amount of such Fee pursuant to Section 3.24.080.B.3 below, the City shall determine the amount of the required Wastewater Impact Fee by reference to Table 4. If the - 10 - ..-..------- applicant is applying for a replacement for a wastewater connection permit issued previously, then the Fee shall be the net positive difference between the Fee applicable at the time of the current permit application and any Wastewater Impact Fee previously paid pursuant to this chapter for the same structure. In the event that the Fee applicable at the time of the replacement permit application is lower than the Wastewater Impact Fee previously paid pursuant to this chapter for the same structure, there shall be no refund of Wastewater Impact Fees previously paid. 3. An applicant may request that the City determine the amount of the required Wastewater Impact Fee by reference to an Independent Fee Calculation Study for the applicant's development prepared at the applicant's cost by a professional engineer and/or economists and submitted to the City Public Service Director. Any such Study shall be based on the same service standards and unit costs used in the Water and Wastewater Impact Fee Studv prepared by James Duncan and Associates dated October 1995, and must document the economic methodologies and assumptions used. Any Independent Fee Calculation Study submitted by an applicant may be accepted, rejected, or modified by the City as the basis for calculating Wastewater Impact Fees. If such Study is accepted or accepted with modifications as a more accurate measure of the demand for new wastewater facilities created by the applicant's proposed development than the applicable Fee shown in Table 4, then the Wastewater Impact Fees due under this chapter shall be calculated according to such Study. C. Payment of Wastewater Impact Fee 1 . An applicant required by this chapter to pay a Wastewater Impact Fee shall pay such Fee to the City prior to the issuance of a wastewater connection permit. 2. All funds paid by an applicant paid pursuant to this chapter shall be identified as Wastewater Impact Fees and shall be promptly deposited in the Wastewater Impact Fee Fund described in Section 3.24.080.0. D. Wastewater Impact Fee Funds 1 . A single Wastewater Impact Fee Fund is hereby created, and such Fund shall be maintained in an interest bearing account. 2. Such Fund shall contain only those Wastewater Impact Fees collected pursuant to this chapter and any interest which may accrue from time to time on such amounts. E. Use of Wastewater Impact Fee Funds. The monies in the Wastewater Impact Fee Fund shall be used only (1) to acquire or construct Improvements to the City wastewater system, or (2) to pay debt service on any portion of any future general obligation bond issue or revenue bond issue used to finance Improvements to the City wastewater system, or (3) as described in Section 3.24.090 or 3.24.1 OO.G. F. Exemptions from Wastewater Impact Fees 1. The following types of development shall be exempted from payment of the Wastewater Impact Fee: a. Expansions of existing non-residential buildings by up to, but not including, twenty percent (20%) as compared with their size on February 22, 1996, provided, however, that the expansion, when combined with all previous expansions occurring after February 22, 1996, does not total twenty percent (20%) or more of the size of the building existing on February 22, 1996. b. Alteration or expansion of an existing building that does not require an additional or larger water tap. c. Replacement of a building or structure of the same size that does not require an additional or larger water tap. - 11 - ---- d. The location of mobile home on a site for which a Wastewater Impact Fee was previously paid, and that does not require an additional or larger water tap. 2. Any such claim for exemption must be made no later than the time when the applicant applies for the first permit of a type listed in Section 3.24.080.A.1 for the proposed development, and any claim for exemption not made at or before that time shall have been waived. 3. The City Manager or his designee shall determine the validity of any claim for exemption pursuant to the criteria set forth in Section 3.24.080.F.1. 3.24.090. Refunds of DeveloDment ImDact Fees Paid A. Any monies in any Impact Fee Fund that have not been spent or encumbered within ten (10) years after the date on which such Fee was paid shall, upon application to the City by the then current owner of the land for which the Fee was paid, be returned to such owner with interest at the rate of five (5) percent per annum since the date of payment. In order to be eligible to receive such refund, the then owner of the land shall be required to submit an application for such refund within six (6) months after the expiration of such ten (10) year period. B. If an applicant has paid a Development Impact Fee required by this chapter and has obtained any of the types of permits or extensions listed in Sections 3.24.050.A.1 or 3.24.060.A.1 or 3.24.070.A.1 or 3.24.080.A.1, and the permit or extension for which the Fee was paid later expires without the possibility of further extension, then the applicant who paid such Fee shall be entitled to a refund of the Fee paid, without interest. In order to be eligible to receive such refund, the applicant who paid such Fee shall be required to submit an application for such refund within thirty (30) days after the expiration of the permit or extension for which the Fee was paid. C. After a Development Impact Fee has been paid pursuant to this chapter, no refund of any part of such Fee shall be made if the project for which the Fee was paid is later demolished, destroyed, or disconnected from the City water or wastewater systems, or IS altered, reconstructed, or reconfigured so as to reduce the size of the project, the number of units in the project, the amount of traffic generated by the project, or the size of any water tap for the project. D. At the time of payment of any Development Impact Fee under this chapter, the City shall provide the applicant paying such Fee with written notice of those circumstances under which refunds of such Fees will be made. Failure to deliver such written notice shall not invalidate any collection of any Development Impact Fee under this chapter. 3.24.100 Credits aQainst DeveloDment ImDact Fees A. After the effective date of this chapter, all mandatory or voluntary land dedication for street, fire protection, water, or wastewater Improvements, and all mandatory or voluntary acquisition or construction of Improvements to the Major Street System or the City fire protection, water, or wastewater systems by an applicant in connection with a proposed development shall result in a pro rata credit against the Development Impact Fee for the same type of service or facility otherwise due for such development, except that no such credit shall be awarded for (1) land dedications for or acquisition or construction of Site-Related Improvements as defined in Section 3.24.040.G, or (2) any voluntary land dedications not accepted by the City, or (3) any voluntary acquisition or construction of Improvements not approved in writing by the City prior to commencement of the acquisition or construction. B. In order to obtain a credit against Development Impact Fees otherwise due, an applicant must submit a written offer to dedicate to the City specific parcels of qualifying land or to acquire or construct specific Improvements to the Major Street System or the City fire protection, water, or wastewater systems in accordance with all applicable state or City design and construction standards, and must specifically request a credit against such Development Impact Fees. Such written request must be made on a form provided by the City, must contain a statement under oath of the facts that qualify the applicant to receive a credit, must be accompanied by documents evidencing those facts, and must be filed not later than the time when an applicant applies for the first permit of a type listed in Sections 3.24.050.A.1 or 3.24.060.A.1 or 3.24.070.A.1 or 3.24.080.A.1 that creates an obligation to pay the type of Development Impact Fee against which the credit is requested, or the applicant's claim for the credit shall be waived. - 12 - C. The credit due to an applicant shall be calculated and documented as follows: 1 . Credit for qualifying land dedications shall, at the applicant's option, be valued at (a) one hundred (100) percent of the most recent assessed value for such land as shown in the records of the City Assessor, or (b) that fair market value established by a private appraiser acceptable to the City in an appraisal paid for by the applicant. In either case, the City shall give the applicant two duplicate certificates describing the land to be dedicated and the dollar amount of the approved credit. The applicant shall keep one duplicate of the certificate and shall sign the other duplicate of such certificate to indicate acceptance of its terms and shall date and return that duplicate to the City within thirty (30) days after receiving such certificate, or the requested credit shall be waived. 2. In order to receive credit for qualifying acquisition or construction of street, fire protection, water, or wastewater Improvements, the applicant shall submit complete engineering drawings, specifications, and construction cost estimates to the City. The City shall determine the amount of credit due based on the information submitted, or, if it determines that such information is inaccurate or unreliable, then on alternative engineering or construction costs acceptable to the City. The City shall give the applicant two duplicate certificates including a general description of the Improvements to be constructed and the dollar amount of the approved credit. The applicant shall keep one duplicate of the certificate and shall sign the other duplicate of such certificate to indicate acceptance of its terms and shall date and return that duplicate to the City within thirty (30) days after receiving such certificate, or the requested credit shall be waived. 3. In case of any disagreement between the information shown on the City's duplicate and the holder's duplicate of any certificate issued under this Section 3.24.100.C, the information on the City's duplicate of such certificate shall govern. 4. The approved credit shall be reduced by the same percentage applied to the calculation of the impact fee in Sections 3.24.050.8., 3.24.060.8., 3.24.070.8. and 3.24.080.8. D. Approved credits shall become effective at the following times: 1. Approved credits for land dedications shall become effective when the land has been conveyed to the City in a form acceptable to the City and at no cost to the City and has been accepted by the City Commission. When such conditions have been met, the City shall note that fact on the City's duplicate of the certificate described in Section 3.24.100.C.1. Upon request of the certificate holder, the City shall also note such fact on the holder's duplicate of the certificate. 2. Approved credits for the acquisition or construction of street, fire protection, water, or wastewater improvements shall generally become effective when (a) all required construction has been completed and has been accepted by the City, and (b) a suitable maintenance and warranty bond has been received and approved by the City, and (c) all design, construction, inspection, testing, bonding, and acceptance procedures have been completed in compliance with all applicable City and state procedures. However, approved credits for the construction of Improvements may become effective at an earlier date if the applicant posts security in the form of a performance bond, irrevocable letter of credit, or escrow agreement and the amount and terms of such security are accepted by the City. At a minimum, such security must be in the amount of the approved credit or an amount determined to be adequate to allow the City to construct the improvements for which the credit was given, whichever is higher. When such conditions have been met, the City shall note that fact on the City's duplicate of the certificate described in Section 3.24.1 00.C.2. Upon request of the certificate holder, the City shall also note such fact on the holder's duplicate of the certificate. E. Approved credits may be used to reduce the amount of Development Impact Fees due from any proposed development for the same type of service or facility for which the applicant dedicated land or acquired or constructed Improvements until the amount of the credit is exhausted. Each time a certificate issued under Section 3.24.100. C is presented to the City with a - 13 - .n ____....._.. .... _.._ request to use some or all of the credit shown on that certificate, the City shall reduce the amount of the Development Impact Fee of the same type otherwise due from the applicant in accordance with such request, and shall note on the City's duplicate of such certificate the amount of credit remaining under such certificate, if any. Upon request of the certificate holder, the City shall also note the amount of credit remaining on the holder's duplicate of the certificate. F. Approved credits shall only be used to reduce the amount of Development Impact Fees of the same type otherwise due under this chapter, and shall not be paid to the applicant in cash or in credits against any Development Impact Fees for a different type of facility or service or against any other monies due from the applicant to the City, except as described in Section 3.24.1 OO.G. G. If the amount of approved credits exceeds the amount of the Development Impact Fees of the same type otherwise due under this chapter, the applicant may request in writing that the City provide for reimbursement of any excess credits to the applicant in cash. Such written request must be filed not later than the time when an applicant applies for the first permit of a type listed in Sections 3.24.050.A.1 or 3.24.060.A.1 or 3.24.070.A.1 or 3.24.080.A.1 that creates an obligation to pay the type of Development Impact Fee against which the credit was approved, or the applicant's claim shall be waived. Upon receipt of such a written request, those certificates described in Section 3.24.100. C shall not be issued, and the City shall arrange for the reimbursement of such excess credits from the Impact Fee Fund for the same type of service or facility from Development Impact Fees paid by others. If the amount of the approved credits exceeds the amount of the Development Impact Fees of the same type otherwise due under this Chapter, the applicant may request in writing that the City provide for reimbursement of any excess credits to the applicant in cash. Such excess credits shall be valued at 100 percent of actual developer costs or actual appraised value over actual and undiscounted fee. H. Credits may be transferred from one holder to another by any written instrument clearly identifying the certificate or certificates issued under Section 3.24.100.C that evidence the credits to be transferred, provided that such instrument is signed by both the transferror and transferee, that the applicant's duplicate of the certificate evidencing such credits is attached to such instrument, and that both documents are delivered to the City for registration of the change in ownership. At the transferee's option, the transferee may surrender the applicant's duplicate of such certificate and the City shall issue a replacement certificate listing the new owner of the credits and the remaining amount of the credits. I. In the event the schedules of Development Impact Fees shown in Table 1, Table 2, Table 3, or Table 4 are amended or replaced to reflect increases or decreases in construction costs after the amount of a credit has been calculated, an applicant or the City may request a recalculation of the credit to accurately reflect such changed circumstances. J. In the event that land is annexed into the City from Gallatin County after the effective date of this chapter, and that Road or Fire Impact Fees have been previously paid to the County at the time of a subdivision or minor subdivision of such land, an applicant proposing a development on the land may request in writing a credit against the Street Impact Fee equal to the amount of any road impact fee paid to the County for the same land, and may also request a credit against the Fire Protection Impact Fee equal to the amount of any fire protection impact fee paid to the County for the same land. Such written request must be filed not later than the time when an applicant applies for the first permit of a type listed in Sections 3.24.050.A.1 or 3.24.060.A.1 that creates an obligation to pay the type of Development Impact Fee against which the credit is requested, or the applicant's claim shall be waived. 3.24.110 Miscellaneous Provisions A. Interest earned on monies in any Impact Fee Fund shall be considered part of such Fund, and shall be subject to the same restrictions on use applicable to the Impact Fees deposited in such Fund. - 14 - 8. Monies in each Impact Fee Fund shall be considered to be spent in the order collected, on a first-in/first-out basis. C. No monies from any Impact Fee Fund shall be spent for periodic or routine maintenance of any facility of any type or to cure deficiencies in public facilities existing on the effective date of this chapter. D. Nothing in this chapter shall restrict the City from requiring an applicant to construct reasonable project improvements required to serve the applicant's project, whether or not such improvement are of a type for which credits are available under Section 3.24.100. E. The City shall maintain accurate records of the Development Impact Fees paid, including the name of the person paying such Fees. the project for which the Fees were paid, the date of payment of each Fee, the amounts received in payment for each Fee, and any other matters that the City deems appropriate or necessary to the accurate accounting of such Fees, and such records shall be available for review by the public during City business hours. F. At least once during each fiscal year of the City, the City Administrative Service Director shall present to the City Commission a proposed capital improvements program for the Major Street System, the City fire protection system, and the City water and wastewater systems, and such capital improvements program shall assign monies from each Impact Fee Fund to specific projects and related expenses for Improvements to the type of facilities or services for which the Fees in that Fund were paid. Any monies, including any accrued interest, not assigned to specific projects within such capital improvements program and not expended pursuant to Section 3.24.090 or 3.24.1 OO.G shall be retained in the same Impact Fee Fund until the next fiscal year. G. The City shall be entitled to retain not more than two (2) percent of the Development Impact Fees collected as payment for the expenses of collecting the Fee and administering this chapter. In the case of refunds of Development Impact Fees under Section 3.24.090.8, the City shall be entitled to retain not more than an additional two (2) percent of the Development Impact Fee payment made by the applicant as payment for the expenses of processing the reimbursement request. H. If a Development Impact Fee has been calculated and paid based on a mistake or misrepresentation, it shall be recalculated. Any amounts overpaid by an applicant shall be refunded by the City to the applicant within thirty (30) days after the City's acceptance of the recalculated amount, with interest at the rate of five (5) percent per annum since the date of such overpayment. Any amounts underpaid by the applicant shall be paid to the City within thirty (30) days after the City's acceptance of the recalculated amount, with interest at the rate of five (5) percent per annum since the date of such underpayment. In the event the underpayment is caused by an error attributed solely to the City, the applicant shall pay the recalculated amount without interest. In the case of an underpayment to the City, the City shall not issue any additional permits or approvals for the project for which the Development Impact Fee was previously paid until such underpayment is corrected, and if amounts owed to the City are not paid within such thirty (30) day period, the City may also repeal any permits issued in reliance on the previous payment of such Development Impact Fee and refund such Fee to the then current owner of the land. I. In order to promote the economic development of the City and the provision of affordable housing in the City, the City Commission may agree to pay some or all of the Development Impact Fees imposed on a proposed development by this chapter from other funds of the City that are not restricted to other uses. Any such decision to pay Development Impact Fees on behalf of an applicant shall be at the discretion of the City Commission and shall be made pursuant to goals and objectives previously adopted by the City Commission to promote economic development and/or affordable housing. J. Any determination made by any official of the City charged with the administration of any part of this chapter may be appealed to the City Commission by filing (1) a written Notice of Appeal on a form provided by the City, (2) a written explanation of why the appellant feels that a determination was in error, and (3) an appeal fee of one hundred eighty dollars ($180.00) with the Clerk of the Commission within ten (10) days after the determination for which the appeal is being filed. At the regular meeting following the filing of the appeal, the City Commission shall fix a time and place for hearing the appeal, and the City Clerk shall mail notice of the hearing to the appellant at the address given in the Notice of Appeal. The hearing shall be conducted at the time and place stated in such notice given by the City Commission. The determination of the City Commission shall be final. If the City Commission concludes that all or part of a determination made by an official of the City charged with the administration of any part of this chapter was in error, then the appeal fee described above shall be returned to the appellant. - 15 - -. ---.--------- K. The Development Impact Fees described in this chapter and the administrative procedures of this chapter shall be reviewed at least once every three fiscal years to ensure that (1) the demand and cost assumptions underlying such Fees are still valid, (2) the resulting Fees do not exceed the actual cost of constructing Improvements that are of the type for which the Fee was paid and that are required to serve new development, (3) the monies collected or to be collected in each Impact Fee Fund have been and are expected to be spent for Improvements of the type for which such Fees were paid, and (4) that such Improvements will benefit those developments for which the Fees were paid. L. The Development Impact Fees shown in Table 1, Table 2, Table 3, and Table 4 shall be adjusted annually to reflect the effects of inflation on those costs for Improvements set forth in the Impact Fee Studies. Beginning on January 1, 1997, and on January 1 of each following year unless and until the Fees in Table 1, Table 2, Table 3, and/or Table 4 are revised or replaced, each Fee amount set forth in each such Table shall be adjusted by multiplying such amount by a fraction, the numerator of which is the U.S. Consumer Price Index for all Urban Consumers for All Items - Source: U.S. Department of Labor, Bureau of Labor Statistics for the area for the most recent period for which figures are available, and the denominator of which is Consumer Price Index for All Items for the same area for the period one year prior to the period reflected in the numerator. Such adjustments in such fees shall become effective immediately upon calculation by the City, and shall not require additional action by the City Commission to be effective. M. Violation of this chapter shall be a misdemeanor and shall be subject to those remedies provided in Bozeman Municipal Code Section 1.16.01. Knowingly furnishing false information to any official of the City charged with the administration of this chapter on any matter relating to the administration of this chapter, including without limitation the furnishing of false information regarding the expected size, use, or traffic impacts from a proposed development, shall be a violation of this chapter. In addition to or in lieu of any criminal prosecution, the City or any applicant for a permit of the types described in Sections 3.24.050.A.1 or 3.24.060.A.1 or 3.24.070.A.1 or 3.24.080.A.1 shall have the right to sue in civil court to enforce the provisions of this chapter. N. The section titles used in this chapter are for convenience only, and shall not affect the interpretation of any portion of the text of this chapter. Q. Any judicial action or proceeding to attack, reView, set aside, or annul the reasonableness, legality, or validity of any Development Impact Fee must be filed and service of process effected within ninety (90) days following the date of imposition of the Fee or the final determination of the City Commission, whichever is the latter. - 16 - -...---..--.--..- TABLE 1 I STREET IMPACT FEE SCHEDULE I TYPE OF DEVELOPMENT STREET IMPACT FEE RESIDENTIAL Single-family Detached $ 1,769 per unit Multi-family Dwelling $ 1,1 99 per unit Mobile Home $ 892 per unit Hotel/Motel $ 1,610 per room OFFICE PER 1,000 SQUARE FEET General Office Building $ 3,075 Medical Office $ 5,590 COMMERCIAL PER 1,000 SQUARE FEET Retail under 50,000 sq. ft. $ 4,947 Retail between 50,000 and 99,999 sq. ft. $ 5,203 Retail between 100,000 and 199,999 sq. ft. $ 4,902 Retail between 200,000 and 299,999 sq. ft. $ 4,518 Retail 300,000 sq. ft. and over $ 4,261 Building Material/Lumber $ 2,926 Convenience Store $10,701 Discount Store $ 5,045 Drive-In Bank $ 7,692 Fast Food Restaurant $ 9,166 Furniture Store $ 312 Movie Theater $ 5,596 New Car Sales $ 3,446 Nursery/Garden Center $ 2,595 Quality Restaurant $ 6,941 Others not specified $ 4,947 INDUSTRIAL PER 1,000 SQUARE FEET General Light Industrial $ 1,291 Manufacturing $ 714 Mini-Warehouse $ 485 Warehouse $ 903 INSTITUTIONAL PER 1,000 SQUARE FEET Elementary School $ 150 High School $ 317 University $ 1,065 Day Care Center $ 1,103 Hospital $ 1,946 Nursing Home $ 622 Church/Synagogue $ 1,081 RECREATION Golf Course $ 6,150 per hole Park $ 1 83 per acre - 17 - -------..-- ---- ----------- TABLE 2 I FIRE PROTECTION IMPACT FEE SCHEDULE I TYPE OF DEVELOPMENT FIRE PROTECTION IMPACT FEE RESIDENTIAL Single-family Detached $ 181 per unit Single-family Attached $ 152 per unit Duplex $ 114 per unit Multi-Family $ 83 per unit Mobile Home $ 83 per unit OFFICE/INSTITUTIONAL PER 1,000 SQUARE FEET Under 10,000 sq. ft. $ 92 Between 10,000 and 49,999 sq. ft. $ 177 50,000 sq. ft. and over $ 355 COMMERCIAL/HOTEL PER 1,000 SQUARE FEET Under 10,000 sq. ft. $ 177 Between 10,000 and 49,999 SQ. ft. $ 270 Between 50,000 and 99,999 SQ. ft. $ 447 100,000 sQ. ft. and over $ 532 INDUSTRIAL PER 1,000 SQUARE FEET Under 10,000 sq. ft. $ 177 Between 10,000 and 49,999 SQ. ft. $ 355 50,000 sQ. ft. and over $ 532 TABLE 3 I WATER IMPACT FEE SCHEDULE I SIZE OF WATER METER COST PER METER 5/8 or 3/4 inch $ 2,132 1 inch $ 5,330 1 1/4 inch $ 7.462 1 1/2 inch $ 10,660 2 inch $ 17,056 3 inch $ 34,112 4 inch $ 53,300 6 inch $106,600 8 inch $170,560 - 18 - TABLE 4 I WASTEWATER IMPACT FEE SCHEDULE I SIZE OF WATER METER C OST PER METER 5/8 or 3/4 inch $ 2,703 1 inch $ 6,758 1 1/4 inch $ 9,461 1 1/2 inch $ 13,515 2 inch $ 21,624 3 inch $ 43,248 4 inch $ 67,575 6 inch $135,150 8 inch $216,240 " Section 2 Repealer. All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed. Section 3 Severability. If any provisions of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions of this ordinance which may be given effect without the invalid provision or application and, to this end, the provisions of this ordinance are declared to be severable. Section 4 Effective Date. This ordinance shall be in full force and effect on February 22, 1996. PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session thereof held on the 2nd day of January 1996. JOHN VINCENT, Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission - 19 - - --.... ..----.- .~~ .~~~....._- -----.--.- -.-- .-.-...-.- -~._.. . 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 22nd day of January 1996. a L.~~ DON E. STUECK, Mayor ATTEST: e~si~ Clerk of the Commission APPROVED AS TO FORM: ......-"! , . "_.--:';" - /- /' -"" -' " ,-- , - I ' / ,....,:...~ , . >:.....,.-.... , ,./Clt(// li">"AlL-( ~(! PAUL J. LUWE- \ City Attorney State of Montana ) County of Gallatin ) City of Bozeman ) I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman, Montana, do hereby certify that the foregoing Ordinance No. 1414 was published by title and number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City, in the issue dated the 25th day of January 1996, and due proof of such publication is on file in my office. IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my office. ROBIN L. SULLIVAN Clerk of the Commission - 20 -