HomeMy WebLinkAboutOrdinance No. O04-02ORDINANCE NO. 004-02
ORDINANCE AMENDING CHAPTER 12.04 OF THE LAUREL MUNICIPAL CODE
FOR THE PROVISION OF MAINTENANCE AND IMPROVEMENTS TO STREETS
LOCATED WITHIN THE PREVIOUSLY ESTABLISHED STREET MAINTENANCE
DISTRICT IN THE CITY OF LAUREL, MONTANA.
WHEREAS, the Montana Code provides the City of Laurel the authority to form Street
Maintenance Districts within its jurisdiction and the authority to perform street maintenance and
improvements that are paid for through assessments on property;
WHEREAS, the Montana Code requires the City of Laurel to 'include specific items in its
Ordinance thus allowing the City to utilize the funds for street maintenance and/or
improvements;
WHEREAS, the proposed amendments are necessary to remain compliant with the
Montana Code;
IT IS HEREBY ORDAINED by the City Council of the City of Laurel, Montana, that the
LAUREL MUNICIPAL CODE is hereby amended as is set forth below.
The following New Sections are adopted and incorporated into the amended ordinance as
follows:
NEW SECTIONS:
12.04.030 Street Maintenance and Improvement Districts.
12.04.040 Definitions. "Maintenance" as used in this section includes but is not
limited to sprinkling, graveling, oiling, chip sealing, seal coating, overlaying, treating, general
cleaning, sweeping, flushing, snow removal, leaf and debris removal, the operation,
maintenance, and repair of traffic signal systems, the repair of traffic signs, the placement and
maintenance of pavement markings, and curb and gutter repair.
"Improvements" as used in this section includes but is not limited to the
installation of traffic signs, new curb and gutter construction, and widening and rebuilding of
existing streets.
12.04.50 District designation authori ,ty. Whenever the City Council designates
a portion of the City as a street maintenance district, the streets, avenues and alleys may be
maintained and/or improved for such time and in such manner as the City Council may direct
under the supervision of the Public Works Director.
12.04.60 Cost - Assessment. The cost assessed for maintaining and/or
improving streets, avenues, and alleys shall be charged to the property bordering on the streets
and avenues so maintained by one or a combination of the following methods: each lot or parcel
004-02 SMD Amendments
of land bearing its share of the cost according to the part of the whole cost which its area bears to
the area of the entire district; or, by that part of the whole cost which each lot or parcel's street
frontage bears to the street frontage of the entire district; or, if the City Council determines that
the benefits derived from the maintenance by each lot or parcel are substantially equivalent, the
cost may be assessed equally to each lot or parcel located within the district without regard to the
assessable area of the lot or parcel; or, each lot or parcel of land, including the improvements
thereon, may be assessed for that part of the cost of the district which its taxable valuation bears
to the total taxable valuation of the property of the district. The assessment hereunder shall be
certified by the City Treasurer, to be extended on the tax roll in the same manner as other special
assessments.
12.40.70 Cost - Assessment - Levy - Resolution. Not later than the second
Monday in August of each year the Public Works Director shall estimate the annual maintenance
and/or improvement cost and the City Council shall pass and finally adopt a resolution levyin~
and assessing all the property within the street maintenance district with an amount equal to not
less than seventy-five percent of the entire cost of the work.
This Ordinance becomes effective thirty (30) days after final passage by the City Council
and approval by the Mayor.
Introduced and passed on first reading at a regular meeting of the City Council on
April 20 ,2004, by Alderman Oakes
PASSED and ADOPTED by the Laurel City Council on second reading this 18th day
of may ,2004, upon motion of Alderman Oakes
APPROVED BY THE MAYOR this
ATTEST:
Mary K. ~/nbl~ton, Clerk-Treasurer
18th ~f _~~.4~/~ ,2004·
{//Keuneth E. Olson,y,' Mayor
APPROVED AS TO FORM:
· ' , gal Counsel_..~L...~__
Elk River Law Office, P.L.~-J~.
004-02 SMD Amendments