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Draft Ordinance Street Maintenance District Page 1 of 3 Draft dated 6/16/10 ORDINANCE NO. AN ORDINANCE ESTABLISHING CHAPTER 12.18 OF THE MISSOULA MUNICIPAL CODE TITLED, “STREET MAINTENANCE DISTRICTS” IN ACCORDANCE WITH THE PROVISIONS OF MONTANA CODE ANNOTATED TITLE 7, CHAPTER 12, PROVIDING FOR THE CREATION, ALTERATION, METHODS OF WORK AND ASSESSMENT LEVIES TO DEFRAY THE COST OF STREET MAINTENANCE; AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MISSOULA, MONTANA THAT CHAPTER 12.18 OF THE MISSOULA MUNICIPAL CODE IS ESTABLISHED AS FOLLOWS: Title 7, Chapter 12.18 STREET MAINTENANCE DISTRICTS Sections 12.18.001 Definitions. 12.18.005 Creation and alteration. 12.18.010 Maintenance provision. 12.18.015 Improvements. 12.18.020 Assessment of costs and assessment method. 12.18.025 Exemptions. 12.18.001 Definitions. For the purposes of this chapter the following definitions are given. “Maintenance” as used in this chapter includes but is not limited to sprinkling; graveling; oiling; chip sealing; seal coating; overlaying; treating; general cleaning; sweeping; flushing; snow removal and ice control; leaf and debris removal; operation, maintenance and repair of traffic signal systems; repair of traffic signs, placement and maintenance of pavement markings; curb and gutter repair, and minor sidewalk repair that include cracking, chipping, sinking, and replacement of not more than 6-feet of sidewalk in any 100-foot portion of sidewalk. “Improvements” as used in this chapter includes but is not limited to the installation of traffic signs, new curb and gutter construction, and widening of existing streets. ---PAGE BREAK--- Draft Ordinance Street Maintenance District Page 2 of 3 “Water user entities” as used in this chapter refers to any nonprofit water company, water users’ association, irrigation company, canal company, ditch company, reservoir company, or similar nonprofit water user entity. 12.18.005 Creation and alteration. Creation and alteration of a street maintenance district boundary or district boundaries shall be by city council resolution in accordance with Montana Code Annotated (MCA) Sections 7-12-4402 and 7-12-4403. The purpose shall be to maintain public streets and avenues using the maintenance methods outlined in MCA Section 7-12-4401. The level and types of maintenance will be determined in accordance with priorities established by the city and to the extent of the availability of adequate funding. 12.18.010 Maintenance provision. Maintenance as referred to in Section 12.18.001, may be done by contract, or by forces in the employ of the city, or both in accordance with MCA Section 7-12-4404. 12.18.015 Improvements. As authorized by MCA Section 7-12-4405, improvements made with street maintenance districts shall be of durable and continuing benefit and maintained by the city in accordance with this chapter. 12.18.020 Assessment of costs and method of assessment. Equal to not less than 75% of the costs and expenses of any maintenance district will be an assessment against all assessable real property within the district that receives the benefit of the maintenance as restricted by MCA Section 7-12-4425. The assessment will be based upon an assessment option or combination of options provided for by MCA Section 7-12-4422, for street maintenance assessments. The selected assessment methodology and the assessment rate will be set annually by resolution adopted by the city council. 12.18.025 Exemptions. Water user entities are exempt from special assessments for street maintenance districts as restricted by MCA Section 7-12-4436. The effective date of this ordinance shall be , 2010. 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 ---PAGE BREAK--- Draft Ordinance Street Maintenance District Page 3 of 3 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, nays, abstention, and absent vote; and APPROVED by the Mayor this day of , 2010. ATTEST: APPROVED: Martha L. Rehbein, CMC John Engen City Clerk Mayor (SEAL)