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ORDINANCE NUMBER________ AN ORDINANCE AMENDING MISSOULA MUNICIPAL CODE (MMC) TITLE 12 ENTITLED 'STREETS, SIDEWALKS AND PUBLIC PLACES', CHAPTER 12.12 ENTITLED 'CURBS, SIDEWALK, AND PAVING' AMENDING SECTIONS 12.12.130 AND 12.12.340 MMC FOR THE PURPOSE OF CHANGING ELIGIBILITY CRITERIA AND FINANCE TERMS. BE IT ORDAINED BY THE MISSOULA CITY COUNCIL THAT TITLE 12, CHAPTER 12.12, SECTIONS 12.12.130 AND 12.12.340 MMC BE AMENDED TO STATE AS FOLLOWS: Section 1: 12.12.130 Right-of-Way Improvements Required. A. Sidewalks, curbs and gutters on the public right-of-way shall be required for all new construction of multifamily, (duplex and larger) commercial and industrial structures. Sidewalks, curbs and gutters on the public right-of-way shall be required for all new construction of residential structures when filling in missing links of curbs and sidewalks, or existing patterns of curbs and sidewalks are established on the street. Where additions to existing structures are made, such that the land use housed within the structure is increased in its intensity so as to cause an additional parking requirement, or where construction, reconstruction, changes or additions to parking lots and access drives are made, sidewalks, curbs and gutters shall be installed where no sidewalks, curbs and gutters exist. B. This requirement shall be enforced by the City Engineer who shall require sidewalks, curbs and gutters to be shown on all site plans required for the issuance of a building permit or zoning compliance permit; and further, shall require sidewalks, curbs and gutters to be installed prior to the issuance of a permanent certificate of occupancy. C. The location and construction specifications of sidewalks, curbs and gutters, driveway approaches and alley approaches shall be approved by the City Engineer, who shall also be responsible for monitoring the installation of all sidewalks, curbs and gutters, driveway approaches and alley approaches constructed on City Rights-of-Way. D. Property owners may finance the costs of Ssidewalks, curbs and gutters, driveway approaches and alley approaches constructed pursuant to this chapter may be financed by special improvement assessment payable in installments extending over a period of eight years, or twelve years, or twenty years as provided by Sections 12.12.310 through 12.12.340. Owners may specify the period of years to pay assessments. If the property owner does not specify the number of years, the default option shall be twenty years. Section 2: 12.12.340 Assessment for construction—Payable in installments. Special improvement assessments are payable in installments extending over a period of years, as specified in 12.12.130310 and become due and payable each year when city taxes become due and payable. Tax payments are normally payable in two equal increments billed semi-annually in November and May. The following table shows the principal amount due annually: Period of Years Financed Principal Amount Due 20 years (default if no other period is selected by the property owner) 1/20 (one twentieth) 12 years 1/12 (one twelfth) 8 years 1/8 (one eighth) ---PAGE BREAK--- A. Each special assessment shall be payable in installments extending over a period of eight twenty years, one eighth twentieth thereof becoming due and payable each year at the time general City taxes become due and payable, such tax payments normally being payable in two equal increments billed semi-annually. Special assessments of an amount of three thousand dollars or more for each lot or parcel upon request of the property owner may be payable in installments extending over a period of eight years, one-eighth thereof becoming due and payable each year at the time general City taxes become due and payable , such tax payments normally being payable in two equal increments billed semi- annually. B. Special assessments for each lot or parcel upon request of the property owner may be payable in installments extending over a period of twelve years, one-twelfth thereof becoming due and payable at the time general city taxes become due and payable, such tax payments normally being payable in two equal increments billed semi-annually. 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 ayes, nayes, and absent vote and APPROVED by the Mayor this day of , 200___. ATTEST: APPROVED: Martha Rehbein, City Clerk John Engen, Mayor