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HomeMy WebLinkAboutOrdinance 98- 1464, Amends §§ 3.24.050, 3.24.060, 3.24.060, 3.24.070 and 3.24.080, impact fees ORDINANCE NO. 1464 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTIONS 3.24.050, 3.24.060, 3.24.070 AND 3.24.080; PROVIDING FOR REVISIONS TO THE PERCENTAGES AT WHICH STREET IMPACT FEES, FIRE PROTECTION IMPACT FEES, WATER IMPACT FEES AND WASTEWATER IMPACT FEES ARE ASSESSED. . WHEREAS, the City Commission did, on the 22nd day of January 1996, adopt Ordinance No. 1414, establishing impact fees for streets, fire, water and wastewater; and WHEREAS, the City Commission did, on the 15th day of April 1996, adopt Ordinance No. 1418, revising the impact fee program; and WHEREAS, the impact fees have been implemented at less than 100 percent of the level allowed; and WHEREAS, the City Commission has determined it is necessary to increase the level at which impact fees are being assessed. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana, that: Section 1 . The Bozeman Municipal Code be amended by amending Section 3.24.050, so that such section shall read as follows: "3.24.050 Street Imcact 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. 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.B.2 or 3 shall be subject to the following adjustments: a. For the first expansion of an existing non-residential building, the amount calculated shall not include the amount calculated for the expansion of up to twenty (20) tijjmy..~~Q~: percent as compared with its size on February 22, 1996, or 2,000 square feet, whichever is less. b. Beginning March 23, 1996, the Fee shall be ten percent (10%) of the amount calculated. On or before May 1, 1 997, tho City Commission 3h811 review tho fOOG to determino whether a percentage or all of the remainder of the fee Ghall be implemented and, if implemented, the timeframo and percentage of the amount oaloulated. 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 of documentation listed in Sections a. and b. below, and must be acceptable to the City pursuant to Section c. below. - 2 - 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 such 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)/(6,000 Vehicles per Day per Lane)] Cost = New Lane Miles x $1,549,795 (from Street Imoact 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.D. 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. - 3 - 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. 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. b. 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. c. 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. . d. 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. e. 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." . Section 2 The Bozeman Municipal Code be amended by amending Section 3.24.060, so that such section shall read as follows: - 4 - .'Y1, "3.24.060 Fire Protection ImDact 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. . 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: a. For the first expansion of an existing non-residential building, the amount calculated shall not include the amount calculated for the expansion of up to twent" (20) fh.irt;::H($t:n percent as 1 ....,.......,.,.,.,.,.,... .,.",.,.,.".,.,.,.,.,.,.,.,.,.' compared with its size on February 22, 1996, or 2,000 square feet, whichever is less. b. Beginning March 23, 1996, the Fee shall be ninety percent (90%) of the amount calculated. On or before Ma.,. 1, 1007, the City Commi~Gion shall review the fce~ to determine whether a . percentage or all of the remainder of the fee 3hall be implemented and, if implemented, the timcframe and percentage of thc amount calculated. 2. Unless an applicant requests that the City determine the amount of such Fee pursuant to Section 3.24.60.8.3 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 - 5 - 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 ImDact 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. 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 3.24.060.0. 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. Reconstruction, expansion, or replacement of a previously existing residential unit that does not create any additional residential units. b. Construction of unoccupied accessory units related to a residential unit. c. 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. ~ 6 ~ ...----- d. 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.'." Section 3 The Bozeman Municipal Code be amended by amending Section 3.24.070, so that such section shall read as follows: "3.24.070 Water ImDact Fees A. Imposition of Water Impact Fees , . 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 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 3.24.070.8.2 or 3 shall be subject to the following adjustments; 0 ~h~;~~~ii~~ ~~~~~t2(~6 ~)Oid'I!II~~!!ill~jh~f ~~: :~~Iu~~ calculated. On or before May " 1007, the City Commission shall review the foos to determine whether a percentage or all of the remainder of the fee oholl be implemented and, if implemented, tho timeframe :md pereentage of the amount calculated. 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 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 ImDact Fee Stud v - 7 - --. .. --- 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 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 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. Alteration or expansion of an existing building that does not require an additional or larger water tap. b. Replacement of a building or structure of the same size that does not require an additional or larger water tap. c. 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 Se ctions 3.24.070.F.1 and 2." - 8 - < - '~--_., ---- --.--..-- ,.------- ._-_._,_.~-'-""- --- Section 4 The 80zeman Municipal Code be amended by amending Section 3.24.090, so that such section shall read as follows: "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 ~h~~~~~ii~~ ~~~~~t2(~'e ~~)9~~~llell;~!!i[(<<~}h~f ~~: :~~u~~ calculated. On or beforc May 1, 1007, the City Commission shall review the fccs to determinc whether 0 . pereentagc or all of the remaindcr of the fcc sholl bc implemented ::md, if implemented, the timeframe and percentage of thc amount calculated. 2. Unless an applicant requests that the City determine the amount of such Fee pursuant to Section 3.24.080.8.3 below, the City shall determine the amount of the required Wastewater Impact Fee by reference to Table 4. If the 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 Imeact 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. - 9 - 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.D. . 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. Alteration or expansion of an existing building that does not require an additional or larger water tap. b. Replacement of a building or structure of the same size that does not require an additional or larger water tap. c. 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." Section 5 . Repealer. All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed. Section 6 Severability. If any provisions of this ordinance or the application thereof to any person or - 10 . 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 7 Effective Date. . This ordinance shall be in full force and effect on May 6, 1998. PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session thereof held on the 23rd day of March 1998. ~~/~ ALF. M. STIFF, Mayor ATTEST: Qt:i dL ROBIN L. SULLIVAN 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 6th day of Apri 1 1998. ATTEST: ~M1~ .- r;~ Yk ROBIN L. SUl~IV AN Clerk of the Commission APPROVED AS TO FORM: . - 11 - -----.- --- - 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. 1464 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 10th day of April 1998, 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. (l~ y ~~ ROBIN L. SULLIVAN Clerk of the Commission . . - 12 -