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It shall be the duty of the engineer to make such alterations upon the official profiles of all the several streets, and upon the duplicates of said profiles, that may from time to time become necessary to indicate any changes that may have been ordered by the commission, or may hereafter be ordered in the established grade of any street or part of any street, and the clerk shall notify the engineer of all official profiles approved or changed by the commission. (1908 Code)
Any person who shall remove, displace or mutilate the range stones imbedded in the streets of the city shall be guilty of a misdemeanor; provided, that where it shall become necessary for the purpose of grading or paving the said streets, to remove or displace said range stones, such displacement or removal shall be done under the personal supervision of the engineer, and only in vertical lines, and the said range stones so displaced or removed shall be removed to a depth of not less than six inches (6") below the surface of said streets respectively. (1908 Code)
Whenever by order of the commission any street or alley, or any portion thereof, has been temporarily closed for constructing improvements thereon or repairing the same, it shall be unlawful for any person other than the city contractor or the city's employees, in case the city itself is constructing such improvement, to operate any vehicle thereon, or to interfere with, take down or remove any of the lights, barricades, guards or barriers, or any portion thereof, surrounding said closed portion of such street or alley. The chief of police or city manager may order the temporary closure of public ways when public safety requires. The city manager may order the temporary closure of rights of way used for an outdoor event after considering safety, traffic disruption, availability of alternate traffic routes, and other impacts of closure. Temporary closures by the chief of police or city manager shall be reported to the commission at its next meeting. (Ord. 2898, 8-28-2000)
The commission may close or vacate streets, alleys and other public ways. Any person desiring the closure or vacation of a street, alley or other public way shall apply therefor and pay to the city an application fee. The city shall investigate the proposed closure or vacation and shall, after public notice, hold a public hearing thereon and either approve, deny or conditionally approve said closure or vacation. (Ord. 3177, 6-10-2013, eff. 7-15-2013)
A. The term "closure" shall mean the cessation of general public use, but the city shall retain title to the right of way. A closed public way may subsequently be reopened for vehicular or other traffic by the commission after public notice and hearing. (Ord. 2267, 11-15-1982)
B. The term "vacation" shall mean closure and transfer of legal title of the right of way. On vacation, the owners of the adjacent parcels shall each take title to the portions of the vacated right of way that revert to the adjacent parcels as determined by the city commission. The owners shall present an amended plat to the city commission for approval, showing the new lots or parcels resulting from the reversion of the vacated right of way, and are responsible for preparing quitclaim deeds for the transfer of the vacated right of way in accordance with the approved amended plat. (Ord. 2810, 10-6-1997)
C. A person applying for a quitclaim deed for vacated right of way shall first pay a transfer fee to the city in an amount equal to the market value of the vacated right of way to be reverted. The market value of the vacated right of way is the value per square foot of the adjoining property to which the vacated right of way will revert, as appraised by the Montana department of revenue in the most recent periodic evaluation, multiplied by the area of the portion of the reverted right of way. If there is no value for the adjoining property from the department of revenue, the value of the closest property having such an appraised value will be used. No deed for vacated right of way may be delivered until the transfer fee is paid. (Ord. 2851, 8-24-1998)
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