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ORDINANCE NO. 2644 AN ORDINANCE AMENDING CHAPTER 13.08 MISSOULA MUNICIPAL CODE ENTITLED SEWER SERVICE CHARGES BY AMENDING SECTION 13.08.050 MISSOULA MUNICIPAL CODE PERTAINING TO PROPERTY ASSESSMENT AFTER COMPLETION OF SEWER. BE IT ORDAINED THAT SECTION 13.08.050 MISSOULA MUNICIPAL CODE BE AMENDED TO STATE AS FOLLOWS: Section l. 13.08.850 Property assessment after completion of sewer and/or annexation- -exception. A. At any time after the completion within the city limits of any part or portion of the city's municipal sanitary sewerage system and after such part or portion shall have been certified by the city engineer as ready for use, all properties immediately connecting to the sewerage system shall be billed with the next regular billing cycle. The City Clerk shall send a notice to the owners of all properties not immediately connecting to the sewerage system, but which have water service or a well connecting to a building and thus are capable of producing sewage and are adjacent to or abutting the sewer lateral, that they will be assessed for sewer use charges set forth in this chapter with the first regular sewer billing after the expiration of six months from the date of said notice. B. Upon discovery of properties within City limits and which have water service or a well connecting to a building and thus are capable of producing sewage and are adjacent to or abutting the sewer lateral, but are not yet connected to the sewerage system, the City Clerk shall send a notice to the owners or of the properties or their agents, that they will be assessed for sewer use charges set forth in this chapter with the first regular sewer billing after the expiration of-six months from the date of said notice. C. After city annexation of any real property into the city, the city council shall have the power, after one year's notice to owners or agents of owners of property within an area served by part of the city's municipal sanitary sewerage system that the City shall assess against any such property adjacent to or abutting a municipal sewer lateral, the sewer use charges set forth in this chapter, whether such property he connected to the sewerage system or not; provided, however, that the property has water service or a well connecting to a building and thus is capable of producing sewage. The city clerk shall be responsible for notification of property owners pursuant to this section after the matter is referred to and acted upon by the City Council. D. This section shall be deemed to provide the procedures for assessing sewer use charges to properties not connected to the municipal sanitary sewer system and shall repeal section eight of the sewer use fee structure ordinance #2587. ---PAGE BREAK--- Section 2. 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 any provision of this ordinance should be declared invalid or unconstitutional, then the remaining ordinance provisions will be in full force and effect. PASSED by a 11 Ayes and 1 Absent vote and PASSED AND ADOPTED this 28th day of November, 1988. ATTEST: APPROVED: Charles C. Stearns Robert E. Lovegrove Charles C. Stearns Robert E. Lovegrove Mayor Finance Officer/City Clerk (SEAL)