HomeMy WebLinkAboutFinally Adopt Ordinance No. 1796, amending Title 18, UDO, BMC
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Saunders, Assistant Director
Tim McHarg, Director
Chris Kukulski, City Manager
SUBJECT: Z-10304, Engineering Text Amendments to Title 18, Unified
Development Ordinance, BMC 2nd Reading of Ord. 1796
MEETING DATE: Monday, January 3, 2011
AGENDA ITEM TYPE: Consent Item
RECOMMENDATION: Approve 2nd reading of Ordinance 1796.
BACKGROUND: The City prepares amendments to Title 18, Unified Development Ordinance
(UDO) from time to time as needed. Several important items have been grouped into this single
amending ordinance. All of the items are related to engineering information or processes
conducted during the review process. The attached ordinance shows all of the edits as either
underlined [additions] or struck through [deletions] in the text. The City Commission gave
approval to the 1st reading of this ordinance on December 13, 2010.
Additional amendments will be brought to the Commission for consideration as opportunity for
research and text development permits.
FISCAL EFFECTS: No immediate fiscal affects are anticipated from these changes. The only
item directly affecting revenue to the City is water rights which already exists as Resolution
4095.
ALTERNATIVES: 1) Approve the ordinance as written.
2) Amend the text of the ordinance and then approve it.
3) Do not approve the ordinance at all.
CONTACT: Please feel free to call or email Chris Saunders at csaunders@bozeman.net, 582-
2260, if you have questions prior to the meeting.
Attachments: Draft Ordinance 1796
Report compiled on: December 14, 2010
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ORDINANCE NO. 1796
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED
BY REVISING SECTIONS 18.42.070.A, 18.42.150.C, 18.44.050, 18.44.060.D, 18.44.110,
18.50.110.A, AND 18.78.060.L; MODIFYING REQUIREMENTS FOR EXTENSIONS OF
MUNICIPAL INFRASTRUCTURE; ADAPTING THE STREET LIGHTING
STANDARDS TO THE CITY’S DESIGN AND SPECIFICATIONS MANUAL;
REVISING LEVEL OF SERVICE STANDARDS FOR STREET AND ROAD RIGHT OF
WAY WIDTH AND CONSTRUCTION STANDARDS; MODIFYING PROCEDURES
FOR BIKE LANE DESIGNATIONS; REVISING RECREATION PATHWAY
STANDARDS; AND ADDING REQUIREMENTS FOR SUBDIVISION PRELIMINARY
PLAT SUPPLEMENTS; AND BY ADDING A NEW SECTION 18.42.180 PROVIDING
REQUIREMENTS AND PROCEDURES FOR SUPPLYING WATER RIGHTS OR
PAYMENT -IN-LIEU OF WATER RIGHTS.
WHEREAS, the City of Bozeman has adopted a Unified Development Ordinance
which establishes common standards for both zoning and subdivision development; and
WHEREAS, the proposed Unified Development Ordinance text amendment
application has been properly submitted, and reviewed, and all necessary public notice was given
for all public hearings; and
WHEREAS, the Bozeman Zoning Commission and Planning Board held a joint public
hearing on November 16, 2010 to receive and review all written and oral testimony on the
request for a Unified Development Ordinance text amendment; and
WHEREAS, as shown in Zoning Commission Resolution Z-10304, the Bozeman
Zoning Commission recommended to the Bozeman City Commission that proposed the Unified
Development Ordinance text amendments be approved; and
WHEREAS, as shown in Planning Board Resolution P-10304, the Bozeman Planning
Board recommended to the Bozeman City Commission that proposed the Unified Development
Ordinance text amendments be approved; and
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WHEREAS, after proper notice, the City Commission held a public hearing on
December 6, 2010, to receive and review all written and oral testimony on the request for a text
amendment to the Unified Development Ordinance; and
WHEREAS, the City Commission reviewed and considered the relevant Unified
Development Ordinance text amendment criteria established by Sections 76-3-102, 76-3-501,
and 76-2-304, M.C.A., and found the proposed Unified Development Ordinance text amendment
to be in compliance with the purposes of the title as locally adopted in Section 18.02.040, BMC;
and
WHEREAS, at its public hearing, the City Commission found that the proposed
Unified Development Ordinance text amendment would be in compliance with Bozeman’s
adopted growth policy and applicable statutes and would be in the public interest.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Bozeman, Montana, upon a vote of ____ to ____, that:
Section 1
Section 18.42.070.A of the Unified Development Ordinance be amended to read as follows:
A. General. All municipal water supply, sanitary sewer and storm sewer system facilities
shall comply with the following requirements:
1. The developer shall install complete municipal water and sanitary sewer system
facilities, or a system allowed by §18.38.030.D, BMC, and may be required by
the City to install municipal storm sewer system facilities. These systems shall be
installed in accordance with the requirements of State Department of
Environmental Quality and the City of Bozeman, and shall conform with any
applicable facilities plan. The City of Bozeman’s requirements are contained in
the Design Standards and Specifications Policy and the City of Bozeman
Modifications to Montana Public Works Standard Specifications, and by this
reference these standards are incorporated into and made a part of these
regulations. The developer shall submit plans and specifications for the proposed
facilities to the City, and to the State Department of Environmental Quality, and
shall obtain their approvals prior to commencing construction of any municipal
water, sanitary sewer or storm sewer system facilities.
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2. The cutting of any City street shall be done in compliance with the City’s street
cut policy.
3. When a proposed development adjoins undeveloped land, and municipal
infrastructure mains would reasonably pass through the new development to the
undeveloped land, municipal infrastructure mains shall be arranged to allow the
suitable development of the adjoining undeveloped land. Municipal infrastructure
mains within the proposed development shall be constructed to the boundary lines
of the tract to be developed, unless prevented by topography or other physical
conditions. An exception to this standard may be granted by the Director of Public
Service or their designee upon written request of the applicant if the applicant
demonstrates during the development review process that more efficient design
can be accomplished without jeopardizing the public’s health, safety and welfare,
the intent of this title, or the intent of the City’s growth policy. , in which case a
subdivision variance must be approved by the City Commission.
Section 2
Section 18.42.150.C of the Unified Development Ordinance be amended to read as follows:
C. Street Lighting. Street lighting consists of street lighting and pathway intersection
lighting, and shall comply with the City of Bozeman Design Standards and Specifications
Policy. following requirements:
1. General.
a. All street lighting shall be operated and maintained through the creation of a new SILD,
through the annexation to an existing SILD or through some other equivalent means
approved by the City of Bozeman. The application to create or annex to an existing SILD
shall be submitted to the City within 2 months of preliminary approval of the
development. The approval to create or annex to an SILD shall be granted prior to final
plat for a subdivision or Occupancy if a final plat is not required.
b. Street lighting shall be installed per 18.74.030.B, BMC.
c. Individual yard lights on private property shall not be used for street lighting.
2. Street Lights at Intersections.
a. Illumination Requirements.
(1) Single Installation. The illumination requirement for an intersection street light, where
only one light is required, shall be determined from Table 42-2 based on the functional
classification of the street upon which the light is located.
(2) Multiple Installation. For all intersections where more than one street light is required,
all lights shall be within the same range for measured lumens. The illumination
requirement shall be determined from Table 42-2 for the functional classification of the
leg of the intersection with the highest requirement.
b. Non-Signalized Intersections. A street light shall be installed at each non-signalized
street intersection with the exceptions contained in subsections (1) and (2) below.
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(1) At intersections where the width of one or more of the approaches is greater than or equal
to 50 feet, as measured to the back of curb or edge of pavement, then two street lights
shall be installed on diagonally opposite corners.
(2) At the intersection of two local streets a street light may be omitted if its installation
would violate the spacing criteria contained in Table 42-2.
c. Signalized Intersections. At signalized intersections where all approaches are narrower
than 50 feet, as measured to the back of curb or edge of pavement, two street lights shall
be installed on the diagonally opposite corners. At signalized intersections where the
width of one or more of the approaches is greater than or equal to 50 feet, four street
lights shall be installed, one on each corner.
3. Spacing of Street Lights. In addition to intersection locations, street lights shall be
spaced along streets in accordance with Table 42-2.
Table 42-2
Functional Classification
Through
L
a
n
e
s
Pedestrian
C
o
nf
li
ct
Maintained Lumens
(Minimum Maintained Average Values) Spacing
Arterial 4/2 High 33000-22500 225/225
4/2 Low 22500-13500 300/275
Collector 4/2 High 22500-13500 250/225
4/2 Low 22500-8000 300/275
Local 2 Low 9500-8000 N/A1
Arterial - Commercial
Center 4/2 High 33000-22500 200/175
Collector - Commercial
Center 4/2 High 22500-13500 225/175
Local -Commercial
Center 2 High 9500-8000 150
1Street lights are only required at intersections on local streets.
4. Street Light Location and Placement of Equipment. In addition to spacing requirements,
the following layout criteria shall be used:
a. When a street light location falls near an unlit intersection, the light shall be located at the
intersection;
b. Street lights shall be located at property lines to the greatest extent possible, but not in
conflict with other utility service providers;
c. Pole spacing along a street may vary from the criteria of Table 42-2 by up to 15 percent.
For the uniformity of appearance, the variance in spacing between adjacent spans should
not be more than 15 percent;
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d. All proposed streets within the proposed subdivision, having a curve of 300 feet or longer
in length, shall have a street light in the middle of the horizontal curve or as required by
the City Engineer;
e. A street light shall be placed at the terminal ends of center median islands having trees
and/or other fixed objects not having a breakaway design for speeds of 25 miles per hour
or greater;
f. Wiring for street lights shall be underground;
g. Additional street lights may be required by the City Commission when potential traffic
hazards are identified during plan review; and
h. For streets that are wider than 70 feet (from back of curb) the required street lights shall
alternate on either side of the street.
5. Street Light Support Structures. The ballasts; pole type, strength and anchor bolts; and
pole foundation shall be appropriate for the proposed lighting and shall be installed per
the manufacturer’s recommendations. Mounting heights shall be measured from grade
and shall comply with the requirements of Table 42-3.
Table 42-3
Maintained Lumens (Minimum Maintained Average
Values) Mounting Height
9500-8000 25 feet
22500-9500 35 feet
33000-22500 38 feet
6. Pathway Intersection Lighting. Pathway lights shall be installed at all intersections of
pathways and streets, located within the proposed development or along existing streets
or roads abutting the development, if said intersection is located in areas other than
lighted intersections. All pathway lights shall comply with City of Bozeman
specifications.
Table 42-4
Average Horizontal Illuminance at Pathway in
Maintained Footcandles
Mixed vehicle and pedestrian 2.0
Pedestrian only 1.0
Source: Roadway Lighting (RP-8-00), Illuminating Engineering Society of North American, 2000.
Section 3
Chapter 18.42 of the Unified Development Ordinance be amended by adding a section to be
numbered 18.42.180, to read as follows:
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18.42.180 WATER RIGHTS
A. Prior to a final approval of all development reviewed as a site plan, conditional use
permit, planned unit development, or subdivision and prior to an annexation of any land,
one of the following must occur:
1. Payment shall be made to the City of a payment-in-lieu of water rights calculated
based on the annual demand for volume of water the development will require
multiplied by the most current annual unit price; or
2. A transfer to the City of ownership of water rights adequate to provide the volume
of water the development will require. A transfer of ownership of water rights
must be in a manner approved by the Director of Public Service.
B. If adequate water rights or a payment-in-lieu was previously provided to the City for the
subject property, evidence of those rights or payment-in-lieu may be offered to
demonstrate compliance with this section. If the expected demand for water by the
proposed development increases by more than one-acre foot over that for which water
rights or payment-in-lieu of water rights were previously provided, additional water
rights or payment-in-lieu of water rights equal to the difference between the previously
provided water rights or payment-in-lieu and the estimated current demand or payment-
in-lieu price shall be provided.
C. Provision of water rights or payment-in-lieu may be deferred by phase for phased
developments or for annexations when the phase or annexation is in excess of 10 acres.
D. The City Manager may adopt administrative procedures to implement this section. The
Director of Public Service shall adopt standards for the calculation of demand for water
use. The City Commission shall establish the unit cost for payment-in-lieu by Resolution.
E. The amount paid for a payment-in-lieu shall be calculated using the per unit price in
effect on the date the payment-in-lieu of water rights is to be made to the City.
Section 4
Section 18.44.050 of the Unified Development Ordinance be amended to read as follows:
18.44.050 STREET AND ROAD RIGHT OF WAY WIDTH AND CONSTRUCTION
STANDARDS
A. All streets and roads providing access to, and within, the proposed development shall
meet the following standards:
1. Right-of-way width and construction standards contained in this title, the
Bozeman Area Transportation Plan 2001 Update,most recently adopted long
range transportation plan, the City of Bozeman Design Standards and
Specifications Policy, and the City of Bozeman Modifications to Montana Public
Works Standard Specifications shall apply.
2. Access streets and roads which are not on the City or County’s road maintenance
system shall be dedicated to the public, or shall have a public easement which
meets the criteria of this chapter.
Section 5
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Section 18.44.060.D of the Unified Development Ordinance be amended to read as follows:
D. Level of Service Standards. Streets and intersection level of service “C” shall be the
design and operational objective. All arterial and collector streets shall operate at a
minimum level of service “C”. Level of Service (LOS) values shall be determined by
using the methods defined by the Highway Capacity Manual – 2000. A development
shall be approved only if the LOS requirements are met by the developer through
mitigation measures. The design year for necessary improvements shall be a minimum of
fifteen years following construction of said improvements. Movements on intersection
approach legs designated arterial or collector streets shall be evaluated as follows:
1. Signalized intersections shall have a minimum acceptable LOS of “C” for the intersection
as a whole; individual movement and approach leg LOS lower that “C” shall be allowed
such that the total intersection LOS is a “C” or higher;
2. Unsignalized intersections shall have a minimum acceptable LOS of “C” for the
intersection as a whole for four-way stop controlled; individual movement and
approach leg LOS lower that “C” shall be allowed such that the total intersection
LOS is a “C” or higher;
3. Two-way stop-controlled (TWSC) intersections shall have a minimum acceptable
LOS of “C” or higher for the stop controlled, minor legs; and
4. An intersection with a roundabout shall have a minimum acceptable LOS of “C”
or higher for the intersection as a whole.
D. Level of Service Standards. All arterial and collector streets and intersections with
arterial and collector streets shall operate at a minimum level of service “C” unless
specifically exempted by this subsection. Level of Service (LOS) values shall be
determined by using the methods defined by the most recent edition of the Highway
Capacity Manual. A development shall be approved only if the LOS requirements are met
in the design year; which shall be a minimum of fifteen years following the development
application review or construction of mitigation measures if mitigation measures are
required to maintain LOS. Intersections shall have a minimum acceptable LOS of “C” for
the intersection as a whole .
1. Exception: If an intersection within the area required to be studied by 18.78.060.L
does not meet LOS “C” and the intersection has been fully constructed to its
maximum lane and turning movement capacity; then an LOS of less than “C” is
acceptable.
2. Exception: The Director of Public Service or their designee may accept an LOS of
less than “C” at a specific intersection if:
a. A variance to allow a lesser LOS was approved not more than 2 years
prior to the date an application for development being reviewed is
determined to be adequate for review;
b. The request was made in writing with the application; and
c. The circumstances are in the professional judgment of the Director of
Public Service or their designee substantially the same as when the
variance was granted.
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Section 6
Section 18.44.110 of the Unified Development Ordinance be amended to read as follows:
18.44.110 TRANSPORTATION PATHWAYS
A. General. Developers shall install pathways in accordance with this title, the growth
policy, the Greater Bozeman Area Transportation Plan Year 2001 Update, most recently
adopted long range transportation plan, any adopted Citywide park plan, and any
adopted individual Park Master Plan, and shall comply with City of Bozeman design
specifications. See also §§18.42.100, 18.50.070 and 18.50.110, BMC.
B. Pathway Categories. The DRC shall be responsible for determining whether a pathway is
a transportation pathway or a recreation pathway. For subdivision and planned unit
development proposals, this determination shall be made during the pre-application
process.
1. Transportation Pathways. Developers shall install transportation pathways, to
provide adequate multimodal transportation facilities within the development, as
part of the required development improvements. Transportation pathways shall
be ADA accessible, and include the following types of facilities:
a. Sidewalks;
b. On-street bike lanes and bike routes;
c. Boulevard trails; and
d. Class I trails;
(1) With the exception of trail corridors within required watercourse
setbacks, corridors for Class I trails shall be dedicated to the City.
The dedicated trail corridor shall be at least 25 feet in width to
ensure adequate room for the construction, maintenance and use of
the trail. Transportation trail corridors can not be used to satisfy
park land dedication requirements.
e. Pathways that connect community or neighborhood commercial nodes by
a reasonably direct route; or
f. Pathways that connect major residential, employment, educational, or
other service nodes by a reasonably direct route.
2. Recreation Pathways. For the definition of recreation pathways, please see
§18.50.110.B, BMC.
C. Related Facilities. If pathways are proposed or required, stream crossings and other
similar improvements, where necessary, shall be installed. Bridge design and
construction shall comply with City specifications and standards, and shall be submitted
to the Planning Department for review and approval. Any necessary permits for bridges
shall be obtained by the developer from the appropriate agency prior to installation of the
stream crossings.
D. Trail Requirements. The class of the trail shall be determined by the Recreation and
Parks Advisory Board, and the trail shall be designed and constructed according to any
adopted park or recreation plan or other City specifications and standards. Trails and
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bridges must meet Americans with Disabilities Act (ADA) specifications for recreational
facilities and maintain a natural appearance. Trail plans and specifications shall be
submitted to the Planning Department for review and approval prior to installation.
E. Bicycle Lanes Bikeways and Boulevard Trails. Wherever new streets are to be developed
as a result of a development proposal, or wherever existing streets or roads are required to
be improved, and upon a recommendation from the Bozeman Bicycle Advisory Board
(BBAB), the developer may be required to incorporate striped bicycle lanes along the
shoulder, meeting current AASHTO standards, into the design and construction or
improvement of the streets or roads. The decision to install a boulevard trail instead of a
bike lane shall be based on the Bike Route Network Map (Figure 6-4) contained in the
most recently adopted long range transportation plan. Greater Bozeman Area
Transportation Plan Year 2001 Update. The City Commission may consider exceptions
based on the particular characteristics of a transportation corridor and recommendations
from the DRC and the Bozeman Area Bicycle Advisory Board BBAB. Boulevard trails
and bike lanes shall be designed and constructed in accordance with the most recently
adopted long range transportation plan, Greater Bozeman Area Transportation Plan Year
2001 Update and any other applicable City specifications and standards.
F. Pathway Maintenance. Trails within and adjacent to the proposed development, as well
as off-street pathways (i.e., sidewalks and boulevard trails) along external development
streets, shall be maintained (including snow removal) in accordance with an approved
maintenance plan by the developer until 50 percent of the lots within the development
area sold. Thereafter the property owners association shall be responsible for
maintenance. The property owners association may establish an improvement district to
collect assessments to pay for the maintenance.
G. Pathway Easements. Where pathways cross private land or common open space, the
proper public access easements shall be provided. Public access easements for pathways
shall be at least 25 feet wide.
H. Trails in Required Watercourse Setbacks. Trail corridors within required watercourse
setbacks shall not be dedicated to the City, and such land may not be used to satisfy park
land dedication requirements. When publicly accessible trails are established within
required watercourse setbacks, public access easements at least 25 feet in width shall be
provided to ensure adequate room for the construction, maintenance and use of the trail.
I. Corridors for transportation pathways shall not be used to satisfy park land dedication
requirements.
Section 7
Section 18.50.110.A of the Unified Development Ordinance be amended to read as follows:
A. General. Developers shall install pathways in accordance with this title, the growth
policy, the most recently adopted long range transportation plan, Greater Bozeman Area
Transportation Plan Year 2001 Update, any adopted Citywide park plan, and any adopted
individual Park Master Plan, and shall comply with City of Bozeman design
specifications.
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Section 8
Section 18.78.060.L of the Unified Development Ordinance be amended to read as follows:
L. Streets, Roads and Alleys.
1. Description. Describe any proposed new public or private streets, roads or alley,
or substantial improvements of existing public or private streets, roads or alleys.
The developer shall demonstrate that the land to be subdivided has access onto a
legal street.
2. Access to Arterial. Discuss whether any of the individual lots or tracts have
access directly to arterial streets or roads, and if so, the reason access was not
provided by means of a street within the subdivision and how the access complies
with §18.44.090, BMC
3. Modification of Existing Streets, Roads or Alleys. Explain any proposed closure
or modification of existing streets, roads or alleys.
4. Dust. Describe provisions considered for dust control on alleys.
5. Pollution and Erosion. Explain how street, road and alley maintenance will be
provided to meet the Department of Environmental Quality guidelines for
prevention of water pollution and erosion.
6. Traffic Generation. Discuss how much daily traffic will be generated on existing
local and neighborhood streets, roads and alleys, when the subdivision is fully
developed, and provide the following information.
a. The report format shall be as follows:
(1) Trip generation, using the Institute of Transportation Engineers
Trip Generation Manual;
(2) Trip distribution;
(3) Traffic assignment;
(4) Capacity analysis;
(5) Evaluation; and
(6) Recommended access plan, including access points, modifications
and any mitigation techniques.
b. The report shall include the following information:
(1) Land use and trip generation in the form of a table of each type of
land use, the number of units or square footage, as appropriate, the
trip rates used (daily and peak) and resulting trip generation.
(2) Traffic graphics, which show:
(a) AM peak hour site traffic;
(b) PM peak hour site traffic;
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(c) AM peak hour total traffic;
(d) PM peak hour total traffic;
(e) Total daily traffic (with site generated traffic shown
separately).
(3) AM and PM capacity analysis with an AM and PM peak hour
capacity analysis provided for:
(a) All major drive accesses that intersect collector or arterial
streets or roads; and
(b) All arterial-arterial, collector-collector and arterial-collector
intersections within one-half mile of the site, or as required
by the City Engineer during the pre-application review,
concept plan review, or informal project review.
(4) For two-way stop controlled intersections, analysis of whether the
intersection would satisfy signalization warrants if the two-way
stop control was removed.
7. Capacity. Indicate the levels of service (before and after development) of existing
and proposed streets and roads, including appropriate intersections, to safely
handle any increased traffic. Describe any anticipated increased maintenance that
will be necessary due to increased traffic and who will pay the cost of
maintenance.
8. Bicycle and Pedestrian Pathways, Lanes and Routes. Describe bicycle and
pedestrian pathways, lanes or routes to be developed with the development.
9. Traffic Calming. Detailed drawings of any proposed traffic calming installations,
including locations and turning radius templates.
Section 9
Severability.
If any provision 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 10
Savings Provision.
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This ordinance does not affect the rights or duties that matured, penalties and assessments
that were incurred or proceedings that began before the effective date of this ordinance.
Section 11
The effective date of this ordinance is 30 days after passage on 2nd reading.
PASSED by the City Commission of the City of Bozeman, Montana, on first reading, at a
regular session thereof held on the 13th day of December 2010.
Section 12
Codification Instruction.
The provisions of Sections 1 through 8 shall be codified as appropriate in Title 18, Unified
Development Ordinance, of the Bozeman Municipal Code.
______________________
JEFFREY K KRAUSS
MAYOR
ATTEST:
______________________
STACY ULMEN
CITY CLERK
PASSED, ADOPTED AND FINALLY APPROVED by the City Commission of the City of
Bozeman, Montana, on second reading, at a regular session thereof held on the ________day of
_______________, 2010.
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_______________________
JEFFREY K KRAUSS
MAYOR
ATTEST:
______________________
STACY ULMEN
CITY CLERK
APPROVED AS TO FORM:
______________________
GREG SULLIVAN
CITY ATTORNEY
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