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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)
A. The city's method of providing maintenance and improvements in street maintenance districts is as follows:
1. Maintenance and improvements may be accomplished by city employees, through contract for services by outside parties, or any combination thereof.
2. City may purchase, rent, lease, or borrow any equipment necessary to perform the maintenance and improvements.
3. City may procure necessary materials, supplies, or other goods necessary to perform the maintenance and improvements.
4. Maintenance and improvements consist of any of the tasks, repairs, and improvements defined by sections 7-12-4401 and 4405, Montana Code Annotated, as being appropriate for street maintenance and improvements.
5. The level and types of maintenance and improvements are determined in accordance with priorities established by the city and to the extent of the availability of adequate funding.
B. The city's method of paying for street maintenance and improvement costs will be an assessment against all assessable real property within the city that receives the benefit of the maintenance or improvement. The assessment will be based upon an assessment option or combination of options provided for by section 7-12-4422, Montana Code Annotated, for street maintenance and improvement assessments. The improvement costs may be assessed in a single year, assessed over multiple years to match project completion timing, or assessed over multiple years for scheduled debt payments incurred to finance the improvements. The selected assessment methodology and the assessment rate will be set annually by resolution adopted by the city commission.
C. During the annual budget development as provided in title 7, chapter 6, part 40, Montana Code Annotated, street maintenance district improvements shall be determined, listed, and included in the street maintenance district fund budget.
D. Ten percent (10%) of the total actual cost for each improvement project listed in the annual street maintenance and improvement district fund budget must be set aside in a reserve fund dedicated for nonmotorized improvements within the street maintenance district. The city commission may waive this requirement only if it is clearly established that an individual project has nonmotorized improvements that amount to ten percent (10%) of the total actual cost for the improvement project.
E. Any proposed improvement that is not listed in the annual street maintenance district fund budget must be approved by the city commission before the project can proceed.
F. Any remaining improvement budget may be carried over from year to year as necessary for the completion of the improvements. (Ord. 3213, 11-2-2015)
G. The city commission hereby rescinds any previous ordinances that established a method for maintenance and assessment of street maintenance districts. (Ord. 2993, 6-21-2004; amd. Ord. 3213, 11-2-2015)