Full Text
Draft dated: October 19, 2010 Ordinance AN ORDINANCE OF THE MISSOULA CITY COUNCIL AMENDING MISSOULA MUNICIPAL CODE TITLE 13, CHAPTER 13.04, SECTION 13.04.020 ENTITLED ―CONNECTION TO PUBLIC SANITARY SEWER UPON PROPERTY TRANSFER—REQUIRED‖ TO ALLOW THE CITY ENGINEER TO GRANT AN ADDITIONAL TIME EXTENSION OF UP TO ONE YEAR TO ALLOW FOR THE CONNECTION TO COINCIDE WITH ANOTHER SCHEDULED CITY OR PRIVATE CONSTRUCTION PROJECT. BE IT ORDAINED THAT SECTION 13.04.020 MISSOULA MUNICIPAL CODE IS HEREBY AMENDED TO READ AS FOLLOWS: 13.04.020 Connection to public sanitary sewer upon property transfer – Required. Within the Missoula city limits, it is unlawful for any person to sell, transfer or convey any real property containing plumbed buildings or structures with available public sanitary sewer until the plumbed buildings or structures have been connected to the public sanitary sewer. A. Property owner and purchaser responsibility – Required. Property owner and purchaser shall arrange to connect any plumbed buildings or structures on the property prior to recording the deed or conveyance transferring ownership to the purchaser at their own expense. B. City Engineer shall grant a one time delay with evidence of a property owner/purchaser negotiated financial holdback, upon request of the property owner and/or purchaser, up to a maximum of six months when extenuating circumstances prohibit immediate connection of plumbed buildings on a property being sold at the City Engineer’s discretion. C. City Engineer, with the Public Works Director's concurrence, may grant a six month time extension which may be renewed at the discretion of the City Engineer (extending the maximum six month time delay, in B. above) to allow for the connection to coincide with another scheduled City or private construction project. A property owner/purchaser negotiated financial holdback is required during any additional time extension(s). SEVERABILITY If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, phrase and words thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or words have been declared invalid or unconstitutional, and if for any reason this ordinance should be declared invalid or unconstitutional, then the remaining ordinance provisions will be in full force and effect. PASSED BY a , vote and APPROVED by the Mayor this of , 2010. ATTEST: APPROVED: Martha L. Rehbein, CMC John Engen City Clerk Mayor