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Home My WebLink AboutOrdinance 99- 190 Relates to Improvement of Sidewalks, Streets, Etc., and Repeals Ordinances 103, 122 and 147 , . 507" ~~\'/~~ } .. J .-f JJ..v~ ~ s · ~ ~~~~~~-z:;;;-::4:'~ Il~ q~O~ ~ ~ ,,-,~J.-V~ I~~ r ~ 1~.~ Cffi-~ !dh. /'1'1; ~ ~. (j I ~.,Ct/\r ~O~~.~: ~~~~: .," ., I~~ ~~; ~aA-~~~~: .. '. ~~ts;~;U . ~~_ ;:;:-~~~at,y, ~~ '3-1. ..J"l1 ~. 0- ~./ffF; , (~~ c/1-r;, / 90 ~ ~ r;::;~~~-~~~' ~~ ~~~'7 Ch-..~~cv.t- i / C ~' ) fL; 2.-.1 ~cf...-.-- / ~ ~ V' . I ~ JJ-- ~~~cL ~ ~ 7' ~J.1 r4 ~~1 I ,.. v ' I · .' ' I - _, . , , ' \ ' ~ ~~~<U0" ,~' I~ri rr-- ~' ~1-- · ,,' ~' ~~~~~-vi4~ i '~. /~h-~~~ ~~ ~~1~'~~~ fi~~ 1~~L~~(j/~ r/' . , ",,' I~~p ~~~-~>~Ae ~ ~,<<. -tvV~)J~. .'. I~~~~~' ~~~~~~~rI~~- 1/~-rycL:. ,~~ 2M,' ?J~- oY 1/JC~~ 1Q,1~a ( . ~--0~' ~~ ~ -rL , ~ I ~1L.:~~ 4-h~.. i?74 ~ ~~r~ "~'" ~;::::::-- I~~~~A"~:~~ . 608 /-8~~ IF' ~._~~ W\P._0-alJ.-.- ,~~ 1 ~~ () ~EC, 2. All sidewalks, paving, ma- cadamizing or other improvements up- on streets where nu grade has been es. t.ablished, shall be built ulJun the grade given therefur by the str"etlJummis. siolllJr, If any plJrson shall build or assist in building any sidlJWll.Jk, paving, macadamizing or other stl'lJet improve- mellt where 110 g'rade has beeu lJstab- IishlJd, without IIrst obtaining a grade therefor from the strlJlJt commissioner, or contrary to any grade which may have blJen obtained from said street commissioner, or shall build or assist in building any .sidewalk or other street improvement coutrary to the grade which is established by ordinanclJ of the city, or coutrary tOilny ofth" provi- sions of this ordinance, he shall be lined ill each case wlwn con victed thereof, in any sum not IlJSS than teli dollars nor more than one hundred dollarS and thlJ costs of proslJcution; and shall be sub- ject to a IiklJ lJ..nalty for ,mcli 'aild lJVlJry day he shaH fail to remove Or r,,-con. struct tlllJ same. after receiviug noticlJ so to do frol.n the str..et cOlllmisslOller. l'i}<;(;.:J. No si(!<'walk, !l:rading, curb. ing, paving, macadamizing or other strelJt iml'rovelTlell.t silall be con. strncted, "liess the question of such improvement shall have Ilrst been in. vestigated by the street committee and by it reported Up'ln to the city council concerning the necessity or advisability of ordering such improvement, and whether or not the street in the imme- diate. vicinity thereof requires grading before such improvement is made, and if It does, at whose pxpellse said grad. Ing should be done. ~ald committee sha.]] submit with said report an esti. mate of the expense of such gradillg (if any Is required), and also an estimate of the cost of constructing such im.. provlJment. SEC. 4. When said report. shall have been filed the city council, by.~ vote of two.thlrds of all its members, may, r- del' such sidew(llk, curbing, grading, pavlllg, nlu(:adamizing 'or other stre,et improvement to blJ built, re-constructed '01' repaired; such ordlJr shall describe the kind of walk or improv~ment to be built or repairs to be made, and ne,me the estimated cost thereof, and declare what part of the expeuse of such im. pl:ovement. if any, shall be borne by or assessed to the abutting property, or to property to be henefitted, in prop/)rtion to the benefits npon the property bene- fitted thereby; and naming It and nam. ing the ratio of benefit tbe property affected thereby will receive from such improvement. After the passage of such order the strlJet commissioner shall forthwith llOtify the owner of the property tn be affected thereby, or any of his known agents, by serving upon him or them, a notlelJ in the mauneI' herein prescribed. The notice may be written or printed or partly prmted, substantially in the following form: "('ityof Bozeman, --189- "To~ You arlJ herlJby noWitd "that the city council of th.. city of "Bozeman has ordered (naming the im- "provements as described in said order, "or referring to the approved speclflca- "lion therefor,) to be constructed (or "repaired according t 0 the terms of the "order) on the - bide of -- street, "betw~en - street and - street in .'this city, and upon which certai.n real "eatate owned by you abuts, tOWlt: Lot ,,_ of block - in - Bozeman, "Montana. Said improvement to be "constructed in accordance with said "order and at the grades corresponding "to th~ established grade of said street. "You will be allowed until the - day "of _ 189- in wblch to construct "(repair or rebuild) that portion of said "improvement adjoining the estate "ownfld by you, according to said order, "and according to such quality, manner "and f(\l'm as will be llccepted by tne "street commissiont'r; and his cIJrtifi. "cate of acceptanclJ tn..reof will hlJ nll- "cessary to dischargoe and rellJase yOllr "said property from assessment for "such improvement. (8igned.) "- - ~treet Commissioner. ~EC.''- The nntices aforesaid may b.. served personally, or by leaving the same at the resiaence or placlJ of bll.si- ness of such owner, or of lIny known agl'nt of such owner; or, if no owner or agent is knowll t@ the street com. missioner, thensnch notice may be served bv posting the same upon the property of such owner where the im. provement is to be made. SEC.&. If any SIdewalk, work of grading. curbiug, paving. macadamiz- ing or other impnlvlJmlJllt. shall ],ot be constructt'd within the time mlJrltioned in the notice aforlJsald. such fallllre shall be rt'ported hy the said stwet com- missioner to thlJ ultv council. The rt'- pnrt ahalJ statlJ the ,;ame of Ow ownt'!' or his agent IIpon whom notic.. has been serv...d. and th,' manlier of serville, and the dt'scl'iption of the lot or prem- ises. SEC.,- After the street commission- er's sam report of failure has been ren. dered, the llity council may order th.. construction of such sidewalk, grading, paving, macadamizing or othl:'r street Improvement, in clinformlty with its origir.alorder. An accurate account Shall be kept of the cost of every such improvement constructed by order of the city council, and the council sha-II order, npon a two-thirds vote of its members, an assessment, Rssessillg the wbolll.or any part it deems proper, of the expense of the constructIOn ther...- of, including the necessary SllrVlJYll and maps, llpon the rt<al t<stat... (lescriloed as having failed to hav.. IlOlllplit'd with the said order for allell imlJrov\Jmel.,ts. Such order Ill:l}' be Sllbstfllltially as follows: "It IS h..r\Jby ordere/I hy t.hll city counCIl of tht' llity of Bozeman that the seveI'll I snms set opposite to the follow- ing named lots an<l parcels of laud, to. wit: "Name of owner ur ownlJr nn. knowTJ, lot ~, blocl( - in - ad- dition to Bozem<\n, $-.-, or name 01 oW'fler or owner~ nnknowll, (description by metes and bounds), $-.~, etc. Be and the sallle are respectively as- sessed thereon, to defray the expenses of (naming the improveulen!.) con- structlJd by the city council, inpnrsu- anClJ of an order passlJd on the ~ day of -, 18\:1-, and that tl1lJ saia aums be colllJcterl (I'om the respecti VlJ owners of the land herein df\scribl-<d. I f any tax llJvilJd ulldlJr tldssectiou shall prOVlJ iusu tliciellt to pay the CllSt 01' propor- tioll t.hereof, thlJ city cOllndl rnay levy an additional tax tOlna,ke goou thlJ delllJie~. . ~Eo'3' 011 the passage of any order for the cnllection of any assessment or spt<cial asslJssment, the city clerk shall certify the same to the county clerk of the county of Gallatin in the state of Montana. ~EC.~ _ When any sidewalk, gutter, pavement or other street irnprovlJment shall become broken or otherwislJ olit of repair, and thlJ cost of rlJp,Lirs will not exceed ten dollars, the street. corn. missioner shall give writt.en notice to the parties or their agents, subject. to the assessment for the repairs thereof, if knowll and residing in said city, and. if not known or not rlJsidents thereof" then may post}written notices in three public places in the city, that unless such sidewalk, gutter, pavement or other street improvement, therein spec-' ides is repaired. to thl:l Hatisfnctioll of the'stret'r. l:,.mmissiolllJr within threlJ days therlJafter, he will r('IJ'lir the saine at thlJ expense of the proplJrty. I tallY persnn or plJl'sons shallneglt'ct or rlJfuslJ to rlJpair any sneh sidewalk. gutter, paviug or other street improvlJnlllnt, ~ a CAf~~ after notiee, hlJ or they shall he sllbject to a penalty of fivlJ dollars and costs of auit for each day that said !rnprovlJ- ment re(llains out of repair, aft.f'r the expiration of the ti me specified in said notice. He or they shall also be liable for all damages which the city mar in, Cllr by reason t,hereof; to be recovered by the city ill an a.etlOn therefor in a court of competel1t jnrisdictinn. In all cases where the party or parties shall entirely refnse or neglf'ct to repair as aforesaid, the samo shall be repaired at the expense of the city, and the ex- pense thlJI'pof shall be assessed against the prnlJlJrty, and clJltilierl t.o the countr c1erk.to be eolleet(',j as other delinq 1.1 lJn t. taxlJS ',b) thll connty treasurer. SEc~l/J ~o p,.rsol1 shall insert any smooth piece of glass in any sidl:'walk for any pnrpose whatever; ,I.nd for a violation of this section shall be dned five dollars and costs for each and every day that the same shall be In use. ""Eo.M. Every opelling.m any vault or coal hole or aperture in sidewalk over said cOlil hole 01' vault, shall be covered with a substantial cover so as to prevent accidents, alld the entire construction of said coal holes and vaults shall Qe subjed to the directions aIld supervisions of the street com mis- .- sioner. ~EC. J.f- Any person who shall keep or leave open any cellar door, or grating or cover of any vault, or coal hole, on any highway or sidewalk, or shall suITer the same to be left open, or who shall suITer allY sidewaik in front of bis premises to become or continue so broken as to t'lldflnger !if" oJ'limb, up- on cOII\'ictioll theleof, sllflll ht; fined ill any SUIll not exceeding fifty dollars awl custs or prosecutioll for each oITlJllse. ; I .., 5()9 ~<-0/:' ~~ ~~ ~~J- io-r-0~--0 A /4.; ~~ t:NJ It-L~~... ~.~../OI ~~ --tr J~v ~cvc{ -' ~ re.-L1 ~ ~ I/V~ !{d~~ ~~ ~M (rr-_()vVv~ ~ r)u~ ,~ rrr- ~f:-.-' .....~~o:Jlu ~1 Jhrr p--tcCUJ ~ ~ ~~ r~ ('./vvvo~~ /(XAJ AJl~~~ IQVl~ ~~ (fr-R;A; ~ -vv-~~fr ~ 1t-Gf.V~~;r ~ \l-t./1 J /~~ ~ /1-~, 0" O~~, 1-- ," v~ ~ ~~ ~ V~O~ tv i~~~(J1. 00 ~~~~;Id(/.d() ~.' ,~~ r co..Jv/~ / ~ :0</ .fJ~~ :. rf, -r 80/.0~ ~ ~..' . r rO-ff-o;y ~ ~~ _~eu-oC~. ~ V!. !~.y- ~ ~cMMJ.Jj I~ ~ ~ ~d..- I 'r~'---'- ~ ~EC. PI If,. any cartman or other parson ,s.hall break. or otherwise .lnjuJ'lIl. linvfuotpltth or side\Valk, heorthey-,' shall within twenty-tollf.h.onrs there.. after, cauSe ..thesame'to'l'jeweI1'and; . sufficleutly. repaired and mended, under 'II penalty ofnotIDQre,than ten dollars. and costs of prosecution; . ~EC. Ak"'ltshallbe the 'duty of the . Chief of Police andalLpollMmen to take note of all defects In sidewalks, IInd to reportthlJ same ,tothestreet commissioner, andincaSjl of I\c.cident they shall report the same to thecfty attorney,to!!,etherwj:th;the.naDJes of any.witnesses jf known to.them. ~'^-'It, d'-~ ~ c./)-rJ, l'dS,/~~,~. _ '/1?7~c0~ ~~~c;L~1~~ ~ OVvci-&jA-- 1/1~~ ~.~~ 1-- ~ ~{;lUAC:t~/~A:j- . 0 ~ ,() . . , -""-,LA n ~G...l..Ac ./ /, 1 /1.)(.//._;.(,( / - .--z.- r - .NU' &o./L/~, q/o.~~ ~,~/oI- r-~ /6 )-IL" r:;{~.. 1W-pv?--~:._ (0, ~. / rf'~_ V 4l<u" ~.~ 1,11. (j:i~ c~ ~ V (J1Acif' 1:i::~~J'" .~'~~~'~~~~~_~~'f ~.(~~, ~ ~~ ~"11 ~oJi-- J ~ ~ ') \~~~~~J- jX~~~fv- '1rJc --"-;r ~~t.-L" ur-v / r 0 --' ,/O'Vj ~" cJr J~C7~+ ffA-;1: ~ /ak~t ~~: .\ " \~~ ~ :" .,~~~ ~~.' I, "G ~ e1]t~ ~ ' . "~ ~ ~ 1~'ol r~UA/IOI^-C O~T ~~t-- ~ ~7~ ),I-- ~ ~ &.~ "'*~ ~ rL ~J. ~'1i :~\~l(~l)y{J~ ,