APPENDICES
 

 Annexations

ANNEXATION: ORDINANCE 4.00

ANNEXATION: ORDINANCE 4.04

ANNEXATION: ORDINANCE 4.08

ANNEXATION: ORDINANCE 4.12

ANNEXATION: ORDINANCE 2007-01

ANNEXATION: ORDINANCE 2007-02

ANNEXATION: ORDINANCE 2007-03

ANNEXATION: ORDINANCE 305

 
 
Franchises
 

GAS COMPANY FRANCHISE: ORDINANCE 6.08

CABLE TELEVISION SYSTEM FRANCHISE: ORDINANCE 6.12
 
 
ANNEXATION:
ORDINANCE 4.00
 
 

AN ORDINANCE ANNEXING THE TRACT OR PARCEL OF LAND HEREINAFTER DESCRIBED AND EXTENDING THE BOUNDARIES OF THE CORPORATE LIMITS OF THE CITY OF CUT BANK, MONTANA, BY ANNEXING AND INCLUDING SAID CONTIGUOUS TRACT OR PARCEL OF LAND; DESCRIBING THE TRACT OR PARCEL OF LAND ANNEXED; FIXING THE EFFECTIVE DATE OF ANNEXATION; AND MAKING THE FINDINGS AND STATEMENTS REQUIRED BY SECTION 11-520, RCM, 1947, AS AMENDED.

SECTION 1: The city council of the city of Cut Bank, Montana, hereby concludes and declares that, in its judgment, the public interest, health, convenience and safety require that the tract or parcel of land hereinafter described be annexed to the city of Cut Bank, Montana, and included within the corporate limits of said city. (Ord. 4.00)

SECTION 2: The city council of the city of Cut Bank, Montana, hereby concludes and declares that, in its judgment, it will be for the best interest of said city, the inhabitants thereof, and the inhabitants of the contiguous tract or parcel of land hereinafter described, that said contiguous tract or parcel of land hereinafter described be annexed, and that the boundaries of the city of Cut Bank, Montana, be extended, so as to annex and include said tract or parcel of land within the corporate limits of the city of Cut Bank, Montana, that said tract or parcel of land, which is hereby annexed, is contiguous to the city of Cut Bank, Montana, is situated in Glacier County, Montana, and is described as follows:

All of the Hilltop Addition, excepting Lots 6 and 8 of Block 1 thereof, adjoining the City of Cut Bank, Montana, according to the Official Map or Plat thereof on file and of record in the office of the Glacier County Clerk and Recorder.

(Ord. 4.00)

SECTION 3: The city council of the city of Cut Bank, Montana, hereby specifically finds:

A. That the tract or parcel of land hereby annexed is now, and was at the time of the commencement of annexation proceedings, contiguous to the boundaries of the city of Cut Bank, Montana;

B. That no part of the tract or parcel of land hereby annexed is included within the boundary of any other incorporated municipality;

C. That the tract or parcel of land hereby annexed is included within, and the proposed annexation conforms to, the comprehensive plans submitted by the city-county planning board, and no part of the area is included within the boundary of any fire district existing at the inception of the commencement of the annexation proceeding herein. (Ord. 4.00)

SECTION 4: The metes and bounds description of the external boundaries of the tract or parcel of land hereby annexed are as set out and contained in the official map or plat of the Hilltop Addition on file and of record in the office of the Glacier County clerk and recorder to which map or plat reference is hereby made and the same is hereby incorporated by reference thereto. (Ord. 4.00)

SECTION 5: It is the intent of the city of Cut Bank, Montana, to provide services to the area hereby annexed as set forth in the report on file with the city clerk-treasurer of the city of Cut Bank, Montana. (Ord. 4.00)

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ANNEXATION:
ORDINANCE 4.04
 
 

AN ORDINANCE ANNEXING THE TRACT OR PARCEL OF LAND HEREINAFTER DESCRIBED AND EXTENDING THE BOUNDARIES OF THE CORPORATE LIMITS OF THE CITY OF CUT BANK, MONTANA, BY ANNEXING AND INCLUDING SAID CONTIGUOUS TRACT OR PARCEL OF LAND; DESCRIBING THE TRACT OR PARCEL OF LAND ANNEXED; FIXING THE EFFECTIVE DATE OF ANNEXATION; AND MAKING THE FINDINGS AND STATEMENTS REQUIRED BY SECTION 11-520, RCM, 1947, AS AMENDED.

SECTION 1: The city council of the city of Cut Bank, Montana, hereby concludes and declares that, in its judgment, the public interest, health, convenience and safety require that the tract or parcel of land hereinafter described be annexed to the city of Cut Bank, Montana, and included within the corporate limits of said city. (Ord. 4.04)

SECTION 2: The city council of the city of Cut Bank, Montana, hereby concludes and declares that, in its judgment, it will be for the best interest of said city, the inhabitants thereof, and the inhabitants of the contiguous tract or parcel of land hereinafter described, that said contiguous tract or parcel of land hereinafter described be annexed, and that the boundaries of the city of Cut Bank, Montana, be extended, so as to annex and include said tract or parcel of land within the corporate limits of the city of Cut Bank, Montana, that said tract or parcel of land, which is hereby annexed, is contiguous to the city of Cut Bank, Montana, is situated in Glacier County, Montana, and is described as follows:

A tract of land in the NE 1/4 of Section 11, Township 33 North, Range 6 West, M.P.M. Beginning at the Northeast corner of Section 11, thence South 0°30'W along the east section line 402.8 feet to the true point of beginning, a 1/2" iron pin, at the intersection of the highway right of way and the section line; thence continuing South 0°30'W along the section line, 285.6 feet, to a 1/2" iron pin, the intersection of the section line and the alley line of Block 18, Second Addition to Cut Bank, Montana; thence South 42°11'W, 450.0 feet along said alley line extended, to a 1/2" iron pin; thence North 47°49'W, 80.7 feet to the highway right of way line to a 1/2" iron pin; thence North 32°50'E, 672.2 feet along the highway right of way to the true point of beginning, containing in all 1.71 acres more or less.

(Ord. 4.04)

SECTION 3: The city council of the city of Cut Bank, Montana, hereby specifically finds:

A. That the tract or parcel of land hereby annexed is now, and was at the time of the commencement of annexation proceedings, contiguous to the boundaries of the city of Cut Bank, Montana;

B. That no part of the tract or parcel of land hereby annexed is included within the boundary of any other incorporated municipality;

C. That the tract or parcel of land hereby annexed is included within, and the proposed annexation conforms to, the comprehensive plans submitted by the city-county planning board, and no part of the area is included within the boundary of any fire district existing at the inception of the commencement of the annexation proceeding herein. (Ord. 4.04)

SECTION 4: The metes and bounds description of the external boundaries of the tract or parcel of land hereby annexed are as set out in section 2 above and as contained in a certificate of survey which is now on file and of record in the office of the Glacier County clerk and recorder, to which certificate of survey reference is hereby made and the same is hereby incorporated herein by reference thereto. (Ord. 4.04)

SECTION 5: It is the intent of the city of Cut Bank, Montana, to provide services to the area hereby annexed as set forth in the report on file with the city clerk-treasurer of the city of Cut Bank, Montana. (Ord. 4.04)

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ANNEXATION:
ORDINANCE 4.08
 
 
AN ORDINANCE ANNEXING THE TRACTS OR PARCELS OF LAND HEREINAFTER DESCRIBED AND EXTENDING THE BOUNDARIES OF THE CORPORATE LIMITS OF THE CITY OF CUT BANK, MONTANA, BY ANNEXING AND INCLUDING SAID CONTIGUOUS TRACTS OR PARCELS OF LAND; DESCRIBING THE TRACTS OR PARCELS OF LAND ANNEXED; FIXING THE EFFECTIVE DATE OF ANNEXATION; AND MAKING THE FINDINGS AND STATEMENTS REQUIRED BY SECTION 7-2-4712, MCA.

SECTION 1: The city council of the city of Cut Bank, Montana, hereby concludes and declares that, in its judgment, the public interest, health, convenience and safety require that the tracts or parcels of land hereinafter described be annexed to the city of Cut Bank, Montana, and included within the corporate limits of said city. (Ord. 4.08)

SECTION 2: The city council of the city of Cut Bank, Montana, hereby concludes and declares that, in its judgment, it will be for the best interest of said city, the inhabitants thereof, and the inhabitants of the contiguous tracts or parcels of land hereinafter described, that said contiguous tracts or parcels of land hereinafter described be annexed, and that the boundaries of the city of Cut Bank, Montana, be extended, so as to annex and include said tracts or parcels of land within the corporate limits of the city of Cut Bank, Montana, that said tracts or parcels of land, which are hereby annexed, are contiguous to the city of Cut Bank, Montana, are situated in Glacier County, Montana, and are described as follows:

TRACT 1: Beginning at the section corner common to Sections 1, 2, 11 and 12 of Township 33 North, Range 6 West, go west 100 feet, then N0°14'0"E 703.50 feet to a curve to the right with a radius of 1,668.91 feet, a length of 738.59 feet and a central angle of 25°21'25" then S0°14'00" 487.01 feet to a curve to the left with a radius of 961.16 feet, a length of 641.80 feet, and a central angle of 38°15'30" then west 72.40 feet to the point of beginning containing 10.01 acres.

TRACT 2: Beginning at the section corner common to Sections 1, 2, 11 and 12 of Township 33 North, Range 6 West, go east 72.4 feet, then N65°51'31"E 726.93 feet to the point of beginning, then N0°14'00"E 468.21 feet to a curve to the left with a radius of 1,668.91 feet a length of 101.70 feet and a central angle of 3°21'29" then S0°14'00"W 487.01 feet to a curve to the right with a radius of 761.16 feet, a length of 100.04 feet and a central angle of 5°57'40" to the point of beginning containing 1.14 acres.

(Ord. 4.08)

SECTION 3: The city council of the city of Cut Bank, Montana, hereby specifically finds:

A. That the tracts or parcels of land hereby annexed are now, and were at the time of the commencement of annexation proceedings, contiguous to the boundaries of the city of Cut Bank, Montana;

B. That no part of the tracts or parcels of land hereby annexed are included within the boundary of any other incorporated municipality;

C. That the tracts or parcels of land hereby annexed are included within, and the proposed annexation conforms to, the comprehensive plans submitted by the city-county planning board, and no part of the area is included within the boundary of any fire district existing at the inception of the commencement of the annexation proceeding herein. (Ord. 4.08)

SECTION 4: The metes and bounds description of the external boundaries of the tracts or parcels of land hereby annexed are as set out in section 2 hereof. (Ord. 4.08)

SECTION 5: It is the intent of the city of Cut Bank, Montana, to provide services to the area hereby annexed as set forth in the report on file with the city clerk-treasurer of the city of Cut Bank, Montana. (Ord. 4.08)

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ANNEXATION:
ORDINANCE 4.12
  
 
 
AN ORDINANCE ANNEXING THE TRACT OR PARCEL OF LAND HEREINAFTER DESCRIBED AND EXTENDING THE BOUNDARIES OF THE CORPORATE LIMITS OF THE CITY OF CUT BANK, MONTANA, BY ANNEXING AND INCLUDING SAID CONTIGUOUS TRACT OR PARCEL OF LAND; DESCRIBING THE TRACT OR PARCEL OF LAND ANNEXED; FIXING THE EFFECTIVE DATE OF ANNEXATION; AND MAKING THE FINDINGS AND STATEMENTS REQUIRED BY SECTION 7-2-4712, MCA.

SECTION 1: The city council of the city of Cut Bank, Montana, hereby concludes and declares that, in its judgment, the public interest, health, convenience and safety require that the tract or parcel of land hereinafter described be annexed to the city of Cut Bank, Montana, and included within the corporate limits of said city. (Ord. 4.12)

SECTION 2: The city council of the city of Cut Bank, Montana, hereby concludes and declares that, in its judgment, it will be for the best interest of said city, the inhabitants thereof, and the inhabitants of the contiguous tract or parcel of land hereinafter described, that said contiguous tract or parcel of land hereinafter described be annexed, and that the boundaries of the city of Cut Bank, Montana, be extended, so as to annex and include said tract or parcel of land within the corporate limits of the city of Cut Bank, Montana, that said tract or parcel of land, which is hereby annexed, is contiguous to the city of Cut Bank, Montana, is situated in Glacier County, Montana, and is described as follows:

A tract of land which consists of, and includes, Lots 1 and 1A, CARTER TRACT, as shown and described in the AMENDED PLAT OF LOT 1, CARTER TRACT, which Amended Plat was filed in the Office of the Glacier County Clerk and Recorder on December 5, 1978, as Document #185019.

(Ord. 4.12)

SECTION 3: The city council of the city of Cut Bank, Montana, hereby specifically finds:

A. That the tract or parcel of land hereby annexed is now, and was at the time of the commencement of annexation proceedings, contiguous to the boundaries of the city of Cut Bank, Montana;

B. That no part of the tract or parcel of land hereby annexed is included within the boundary of any other incorporated municipality;

C. That the tract or parcel of land hereby annexed is included within, and the proposed annexation conforms to, the comprehensive plans submitted by the city-county planning board, and no part of the area is included within the boundary of any fire district existing at the inception of the commencement of the annexation proceeding herein. (Ord. 4.12)

SECTION 4: The metes and bounds description of the external boundaries of the tract or parcel of land hereby annexed are as set out in the amended plat of lot 1, Carter Tract, which amended plat was filed in the office of the Glacier County clerk and recorder on December 5, 1978, as Document #185018, to which amended plat reference is hereby made and the same is hereby incorporated herein by reference thereto. (Ord. 4.12)

SECTION 5: It is the intent of the city of Cut Bank, Montana, to provide services to the area hereby annexed as set forth in the report on file with the city clerk-treasurer of the city of Cut Bank, Montana. (Ord. 4.12)
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ANNEXATION:
ORDINANCE 2007-01
 
 

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUT BANK AMENDING SECTION 10-1-1 OF THE CITY OF CUT BANK'S MUNCIPAL CADE TO PERMIT AND FACILITATE THE ADMINISTRATIVE ADOPTION OF TECHNICAL CODES AND ADMINISTRATIVE REGULATIONS AFFECTING THE BUILDING CODES AND ALL ACCOMPANYING APPENDICES, AMENDMENTS AND MODIFICATIONS ADOPTED FROM TIME TO TIME BY THE BUILDING CODES BUREAU, MONTANA DEPARTMENT OF LABOR AND INDUSTRY (OR ITS SUCCESSOR) AS SET OUT IN THE ADMINISTRATIVE RULES OF MONTANA AND REQUIRED TO BE UTILIZED BY CITIES AND TOWNS WHICH HAVE A CERTIFIED BUILDING INSPECTIONS PROGRAM.

10-1-1: ADOPTION OF CODES:

A. Adoption: There is hereby adopted by the City Council for the purposes of regulating buildings in the City and of protecting the health and safety of the City's citizens, those certain codes known as "The State Building Code", (referred to in Montana Code Annotated section 50-60-203; City Municipal Code Amended, 6-18-2007)

B. Adoption of Technical Codes and Administrative Regulations: The current editions of the building codes and all accompanying appendices, amendments and modifications adopted by the Building Codes Bureau, Montana Department of Labor and Industry (or its successors), as set out in the Administrative Rules of Montana, as amended from time to time by the Building Codes Bureau, shall be adopted by a City of Cut Bank Administrative Order of the Mayor, as authorized by Section 50-60-301(1)(b) MCA, except for any exceptions noted in this chapter or any regulations not applicable to local government jurisdictions.

10-1-2: EFFECT OF FUTURE AMENDMENTS TO STATE BUILDING CODE:

Any codes or amendments adopted by the Building Codes Bureau which apply to local government jurisdictions, including the adoption of the latest editions of the model technical codes (i.e. Model Energy Codes, International Building Code (IBC), etc.) and /or applicable Administrative Rules of Montana shall become effective in the City of Cut Bank upon order of the Mayor within 90 days after the date that the Bureau notifies the City of Cut Bank of said amendments.

A. Copies on File: Two (2) copies of each of the Codes referred to in the above-referenced sections shall be kept on file at City Hall and available from the City Clerk/Treasurer for inspection by the public.

All other sections of Chapter 1 in the Title 10 shall remain the same as presently set forth in the Municipal Code book. (Ord. 15.03 Amended, 10-3-2005; Amended, 6-18-2007)
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ANNEXATION:
ORDINANCE 2007-02
 
AN ORDINANCE OF THE CITY OF CUT BANK, MONTANA, ELECTING TO PARTICIPATE IN THE MUNICIPAL POLICE OFFICERS’ RETIREMENT SYSTEM (STATEWIDE PLAN) UNDER SECTION 19-9-207, M.C.A., AND REPEALING ALL OTHER ORDINANCES AND PARTS OF ORDINANCES OR CODE SECTIONS IN CONFLICT HEREWITH AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE.
 
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CUT BANK, MONTANA:
 

Section 1. That from and after the passage and approval of this ordinance and from and after the effective date of this Ordinance, the Police Department of the City of Cut Bank, Montana, shall be under, subject to and within the provisions of the Municipal Police Officers’ Retirement System (Statewide Plan) Laws of the State of Montana, as set forth in Sections 19-9-101 through 19-9-1102, inclusive, M.C.A., and all amendments thereto. The said Police Department Retirement System shall be managed, conducted, governed and controlled as in said state law and this Ordinance provided.
 

Section 2. All other ordinances, parts of ordinances, and/or code sections in conflict herewith are hereby repealed.
 

Section 3. This Ordinance shall be in full force and effect from and after its passage by the City Council and approval of the Mayor thereof.
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ANNEXATION:
ORDINANCE 2007-03
 

CITY OF CUT BANK, MONTANA
WATER CONSERVATION PLAN
FOR THE
MUNICIPAL WATER UTILITY

PURPOSE: The purpose of this plan is to formally define and adopt an ongoing water conservation plan for the municipal water utility of the City of Cut Bank, Montana.. Adoption: There is hereby adopted by the City Council for the purposes of regulating buildings in the City and of protecting the health and safety of the City's citizens, those certain codes known as "The State Building Code", (referred to in Montana Code Annotated section 50-60-203; City Municipal Code Amended, 6-18-2007)

GOALS: The goals to be achieved as a result of adopting an ongoing water conservation plan are as follows:

  1. Improve the efficiency and life of the municipal water utility facilities;
  2. Reduce both operating and capital costs associated with the operations of the municipal water utility;
  3. Conserve a valuable and limited natural resource; and
  4. Assist the community in coping with water supply emergencies.

SCOPE: This plan shall apply to all customers of the municipal water utility whether same are located within or outside the corporate city limits and whether such customers are directly or indirectly provided with City water.

RESPONSIBILITY: It shall be the responsibility of the City Superintendent to administer this water conservation plan after its adoption by the City Council.

 

WATER CONSERVATION PLAN


SUPPLY MANAGEMENT:
To conserve water within the system, the municipal water utility shall:
  1. Meter all customer service accounts (does not include fire lines);
  2. Meter all withdrawals from the source of water supply (Cut Bank Creek);
  3. Meter all treated water pumped into the municipal water distribution system from the municipal water treatment plants;
  4. Maintain “unaccounted for water” at eighteen(18) percent or less; and
  5. The Water Commission meets at least semi-annually in June and December and may determine any necessity for additional meetings, if needed. At all times the City Superintendent shall monitor the upstream conditions of Cut Bank Creek and continuously monitor and update a listing of all upstream users to be contacted, if necessary.

DEMAND MANAGEMENT:
To encourage water conservation by customers, the municipal water utility shall:

  1. Maintain water rate schedules that are based upon cost-of-service;
  2. Promote water conservation by means of bill inserts, newspaper articles; newsletters, pamphlets, facilities tours and annual consumer confidence reports;
  3. Promoted the installation and use of water-saving fixtures; and
  4. Promote the reuse and recycling of water whenever possible especially as such pertains to commercial and industrial customers.

WATER SUPPLY EMERGENCIES:

In an emergency situation the City Superintendent and/or Mayor is authorized under Ordinance 305 and this Water Conservation Plan Ordinance to ration or limit the use of water for lawn and garden sprinkling. The Water Commission may review this or any action taken by the City Superintendent and/or Mayor and approve the action taken or modify the action as they deem necessary to maintain an adequate supply of water in the reservoirs for fire prevention of the City. Furthermore, this ordinance provided that any person using water for the purpose of watering or sprinkling any lawn or garden at a time prohibited by the regulations or rules established by the Water Commission and approved by the City Council shall be guilty of a misdemeanor.

DROUGHT EMERGENCY CONSERVATION PLAN:

The City of Cut Bank operates a municipal utility. This utility is a public utility as provided by M.C.A. 69-3-101. As a public utility, the City of Cut Bank is obligated by law ( M.C.A. 69-3-201) to provide “reasonably adequate service and facilities”. The City of Cut Bank has potential legal liability on any failure to provide reasonably adequate service to its customers.

Any restrictions beyond lawn sprinkling and recreational use entail serious problems. The remaining uses of water are for domestic consumption, sanitary use, governmental use, agriculture use, commercial use, and industrial use. Reduction of domestic consumption, sanitary use, and governmental use can impact the health, safety and welfare of the customers of the municipal water utility. Restrictions on commercial use, industrial use, and agricultural use can involve economic hardship for those users. Thus, the City Superintendent and/or Mayor shall only impose such additional restrictions over and above lawn sprinkling and recreational use restrictions after approval by the City Water Commission and the City Council.

Depending on the severity of the drought, possible actions that the City Council could take are set forth in the DROUGHT EMERGENCY CONSERVATION PLAN (STAGES I, II, III, IV, V, VI) attached herewith and made a part hereof.

 

DROUGHT EMERGENCY CONSERVATION PLAN

STAGE I

1. DROUGHT CONDITION: MINOR
   
2. WATER-USE REDUCTION GOAL: 5-10 PERCENT
   
3. PUBLIC INFORMATION ACTION:

EXPLAIN DROUGHT/EMERGENCY CONDITIONS

DISSEMINATE TECHNICAL INFORMATION

REQUEST VOLUNTARY REDUCTION
   
4. PUBLIC SECTOR ACTION:

COMPLY WITH ADOPTED USE RESTRICTIONS UNDER ITEM 5.
   
5. USE RESTRICTIONS: RESTRICT LAWN WATERING INCLUDING CITY PARKS AND THE SPORTS COMPLEX, LIMIT USE OF WATER FOR STREET CLEANING PURPOSES.
   
6. PENALTIES: SEE TABLE I.
   

DROUGHT EMERGENCY CONSERVATION PLAN

STAGE II

1. DROUGHT CONDITION: MODERATE
   
2. WATER-USE REDUCTION GOAL: 15-20 PERCENT
   
3. PUBLIC INFORMATION ACTION:

USE NEWS MEDIA INTENSIVELY TO EXPLAIN EMERGENCY

EXPLAIN RESTRICTIONS AND PENALTIES

EXPLAIN ACTIONS IN POTENTIAL SUCCEEDING STAGES
   
4. PUBLIC SECTOR ACTION:

COMPLY WITH ADOPTED USE RESTRICTIONS UNDER ITEM 5.
   
5. USE RESTRICTIONS: RESTRICT ALL OUTDOOR WATER USE
   
6. PENALTIES: SEE TABLE I.
   

DROUGHT EMERGENCY CONSERVATION PLAN

STAGE III

1. DROUGHT CONDITION: SEVERE
   
2. WATER-USE REDUCTION GOAL: 20-30 PERCENT
   
3. PUBLIC INFORMATION ACTION:

SAME AS STAGE II
   
4. PUBLIC SECTOR ACTION:

PROHIBIT ALL PUBLIC WATER USE NOT REQUIRED FOR HEALTH OR SAFETY
   
5. USE RESTRICTIONS: PROHIBIT ALL OUTDOOR WATER USE
   
6. PENALTIES: SEE TABLE I.
   

DROUGHT EMERGENCY CONSERVATION PLAN

STAGE IV

1. DROUGHT CONDITION: CRITICAL
   
2. WATER-USE REDUCTION GOAL: 50 PERCENT OR MORE
   
3. PUBLIC INFORMATION ACTION:

SAME AS STAGE II
   
4. PUBLIC SECTOR ACTION:

REDUCE WATER SYSTEM ALLOTMENTS TO RESIDENTIAL CUSTOMERS

MANDATE PERCENTAGE WATER REDUCTIONS OR SHUT DOWN OF COMMERCIAL AND/OR INDUSTRIAL CUSTOMERS AS DETERMINED BY THE WATER COMMISSION

SEVERELY CURTAIL OR SHUT DOWN OF WATER USE BY NORTH GLACIER COUNTY WATER DISTRICT, SEVILLE HOUSING. ALL OTHER USERS WHETHER METERED OR NOT WHICH ARE LOCATED OUTSIDE THE CITY OF CUT BANK CORPORATE LIMITS.
   
5. PENALTIES: SEE TABLE I.
   

DROUGHT EMERGENCY CONSERVATION PLAN

STAGE V

DECLARATION OF A STATE OF EMERGENCY

THE MAYOR, AS THE CHIEF EXECUTIVE OFFICER OF THE CITY OF CUT BANK, MAY, PURSUANT TO SECTION 10-3-402 OF THE MONTANA CODE ANNOTATED, DECLARE A LOCAL EMERGENCY AND ISSUE AN ORDER DECLARING THE NATURE OF THE EMERGENCY, THE AREA THREATENED AND THE CONDITIONS CAUSING THE EMERGENCY AND HOW THE EMERGENCY MAY BE TERMINATED.

 

DROUGHT EMERGENCY CONSERVATION PLAN

STAGE VI

DECLARATION OF A STATE OF DISASTER

THE MAYOR, AS THE CHIEF EXECUTIVE OFFICER OF THE CITY OF CUT BANK, MAY, PURSUANT TO SECTION 10-3-403 OF THE MONTANA CODE ANNOTATED, DECLARE A LOCAL DISASTER IF THE MAYOR FEELS A DISASTER IS OCCURRING OR HAS OCCURRED. THE MAYOR SHALL FOLLOW ALL REQUIREMENTS OF TITLE 10, PART 4, WHEN DECLARING EITHER AN EMERGENCY OR DISASTER AND CONSULT WITH APPROPRIATE COUNT AND STATE OFFICERS AND PERSONNEL TO MITIGATE THE EFFECTS OF THE EMERGENCY OR DISASTER.

 

DROUGHT CONSERVATION PLAN PENALTIES

VIOLATIONS OCCERRENCES
PENALTIES
   
FIRST WRITTEN WARNING SERVED BY CITY POLICE OFFICER
SECOND* A NOTICE TO APPEAR AND COMPLAINT MAY BE ISSUED BY A CITY POLICE OFFICER OR ORDINANCE OFFICER AND IF CONVICTED OF VIOLATING THIS ORDINANCE IN CITY COURT THE OFFENDER SHALL BE FINED AN AMOUNT OF $40.00.
THIRD* WATER SHUTOFF, PLUS RECONNECTING CHARGE OF $100.00. WATER BILL REQUIRED TO BE PAID ALONG WITH ALL OUTSTANDING CHARGES OWED ON ACCOUNT SINCE AT SHUTOFF ALL UNPAID CHARGES BECOME DUE AND PAYABLE IMMEDIATELY. OFFICER SHALL NOTIFY THE CITY UTILITY BILLING CLERK THE NEXT WORK DAY FOR PREPARING A WORK ORDER FOR SHUTOFF. A NOTICE TO APPEAR AND COMPLAINT MAY BE ISSUED BY A CITY OFFICER AND IF CONVICTED OF VIOLATING THIS ORDINANCE IN CITY COUNRT THE OFFENDER SHALL BE FINED AN AMOUNT OF $75.00.
*WITHIN ONE YEAR OF FIRST OCCURRENCE
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ANNEXATION:
ORDINANCE 305
 
 

AN ORDINANCE AUTHORIZING THE WATER COMMISSION OF THE CITY COUNCIL OF THE CITY OF CUT BANK, MONTANA TO REGULATE AND CONTROL THE USE OF WATER FOR IRRIGATION AND OTHER PURPOSES WITHIN THE CITY OF CUT BANK DURING CRITICAL AND EMERGENCY PERIODS; AUTHORIZING THE WATER COMMISSION TO MAKE SUCH CHANGES FROM TIME TO TIME AS MAY BE DEEMED BY THE CITY COUNCIL TO BE IN THE BEST INTERESTS OF THE CITY AND ITS CITIZENS; PROVIDING THAT NOTICES OF EACH CHANGE BE PUBLISHED IN A LOCAL NEWSPAPER; PROVIDING FOR A PENALTY FOR VIOLATION OF WATER USE REGULATION AS SET BY SAID COMMISSION; AND DECLARING AN EMERGENCY.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CUT BANK, MONTANA;

WHEREAS, the provisions of this Ordinance will be for the best interest, health and safety of the citizens of the City of Cut Bank, Montana; and,

WHEREAS, at the present time, a critical and emergency situation exists insofar as the use of water is concerned

NOW THEREFORE, Ordinance No. 305 of the city of Cut Bank, Montana is hereby passed to provide as follows:

1. The Water Commission of the City Council is hereby empowered and authorized to make regulations from time to time to direct and control the use of water for irrigation and other useful purposes within the City of Cut Bank.

2. The Commission will make such changes as they deem necessary, and after receiving the approval and concurrences of the other members of the City Council, shall cause Notice to be made by publication in a local newspaper for one edition setting out in detail the regulation directing the use of water within the city limits of the City of Cut Bank, Montana.

3. The violation of any such regulation as promulgated and published by the Water Commission shall be deemed a misdemeanor and anyone found guilty thereof shall be fined $5.00 for the first offense and $2.50 to be added to the $5.00 on each succeeding conviction found against anyone during the course of that same year.
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GAS COMPANY FRANCHISE:
ORDINANCE 6.08
 
 
AN ORDINANCE GRANTING TO CUT BANK GAS COMPANY, A CORPORATION, A FRANCHISE AND FIXING THE TERMS THEREOF UNDER WHICH SAID COMPANY MAY CONSTRUCT, EQUIP, LAY, MAINTAIN AND OPERATE PIPE LINES AND APPURTENANCES IN, UNDER, UPON, OVER AND ACROSS STREETS, AVENUES, ALLEYS, HIGHWAYS, BRIDGES, EASEMENTS, AND OTHER PUBLIC PLACES IN THE CITY OF CUT BANK, MONTANA, AND MAY TRANSPORT, DISTRIBUTE AND SELL GAS.

SECTION 1: There is hereby granted to the Cut Bank Gas Company, a corporation, its successors and assigns (hereinafter called the "grantee"), the right, privilege and franchise for the full period of forty (40) years from the effective date hereof and thereafter until and unless otherwise provided by ordinance to construct, equip, lay, maintain and operate in, under, upon, over and across the streets, avenues, alleys, highways, bridges, easements and other public places in the city of Cut Bank, county of Glacier, state of Montana, as now or hereinafter constituted mains, pipes, conduits, manholes, reducing and regulating stations and all other appurtenances and accessories for the purpose of transporting, conveying, distributing, supplying and selling natural gas or artificial gas, or a mixture of natural and artificial gas for light, heat, power and other purposes, at rates fixed and allowed by the public service commission of Montana, and grantee agrees to file with the clerk of the city, the schedule of rates thus fixed and allowed. (Ord. 6.08)

SECTION 2: The grantee shall extend its gas mains and pipes to such parts of said city as the consumption of gas shall justify. (Ord. 6.08)

SECTION 3: The grantee, at all times during the existence of this franchise, shall use its best efforts to obtain and supply a continuous, sufficient and adequate quantity of gas for use by said city and its inhabitants, provided, however, that grantee shall in no way be liable to said city or to its inhabitants because of the interruption or discontinuance of the supply of gas by causes beyond the reasonable control of grantee. (Ord. 6.08)

SECTION 4: Grantee shall not discontinue the distribution of gas through its distribution system, or any portion thereof, for an unreasonable length of time for the purpose of making repairs and extensions, but grantee shall not be liable to the city or to any consumers for damages caused by such temporary discontinuance or interruption of the delivery of gas, provided that such repairs and extensions are made with reasonable diligence. (Ord. 6.08)

SECTION 5: All work done in, under, upon, over and across the present and future streets, avenues, alleys, highways, bridges, easements and other public places in the city by grantee for the purpose of carrying out the provisions of this franchise shall be done and performed in a good and workmanlike manner. When any street, alley or other public place in said city is excavated or damaged by grantee by reason of such work, the grantee shall restore such street, alley or public place to its former condition as early as practicable.

If at any time a change in the grade or plan of any street, alley or public place shall be made by order of the proper city officials, the grantee shall, without expense to the city, make such changes in the location of its pipes and facilities as the change of the grade or plan of the street, alley, or public place makes necessary, which said changes shall be made as soon as possible after said grantee shall have received notice from the proper city official having the same charge. (Ord. 6.08)

SECTION 6: Grantee shall hold the city harmless from all costs and damages which shall or may accrue to said city by reason of the neglect, default or misconduct of the grantee in connection with the exercise of its rights hereunder. (Ord. 6.08)

SECTION 7: Grantee is hereby given the right and authority to make assignments of this right, privilege or franchise, and its rights hereunder, all assignees to be bound to the same extent as the original grantee. (Ord. 6.08)

SECTION 8: The city shall pass all ordinances necessary or suitable to protect the property and rights of said grantee and to enable said grantee to enforce any of its reasonable rules and regulations for the management, operation and control of the service hereunder, and shall pass any reasonable ordinance or ordinances that may be necessary or suitable in order fully to confirm to said grantee the rights herein or hereby granted or intended so to be. (Ord. 6.08)

SECTION 9: Nothing in this ordinance contained shall be held or construed to grant any exclusive rights or privileges, but the city reserves to itself the right at any time to make such other grants or extend such other privileges to any other person or persons, company or corporation for the use of its streets, alleys, or other public places, or any thereof, for the purposes in this ordinance expressed, or for any other valid purpose as the city council may by ordinance from time to time determine. (Ord. 6.08)

SECTION 10: Failure on the part of grantee to comply in any substantial respect with any of the provisions of this franchise shall be grounds for a forfeiture thereof, but no such forfeiture shall take effect if the reasonableness or the propriety thereof is protested by grantee until and unless a court of competent jurisdiction (with right of appeal in either party) shall have found that said grantee has failed to comply in substantial respect with any of the provisions of this franchise, and grantee shall have six (6) months after the final determination of said question to make good the default before a forfeiture shall result, with the right in the city council, at its discretion, to grant such additional time to the grantee for compliance, as necessities in the case may require. (Ord. 6.08)

SECTION 11: This ordinance shall take effect and be in force from and after thirty (30) days after the final passage and approval hereof, provided grantee shall file with the city clerk-treasurer of the city of Cut Bank a written acceptance of this, but if such acceptance is not so filed, this ordinance shall be void. (Ord. 6.08)
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CABLE TELEVISION SYSTEM FRANCHISE:
ORDINANCE 6.12
 
 
AN ORDINANCE OF THE CITY OF CUT BANK, MONTANA, GRANTING A FRANCHISE TO GROUP W CABLE, INC., ITS SUCCESSORS AND ASSIGNS, TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM WITHIN THE CITY OF CUT BANK, MONTANA; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE; AND PROVIDING FOR REGULATION AND USE OF THE CABLE TELEVISION SYSTEM BY THE CITY OF CUT BANK; PROVIDING PENALTY FOR VIOLATION.

SECTION 1: PURPOSE: A nonexclusive franchise is hereby granted to Group W Cable, Inc., hereinafter referred to as "company", to install, construct, operate, maintain, reconstruct and expand a cable television system within the public streets, ways, alleys, rights of way and places in the city of Cut Bank, Montana, hereinafter referred to as "city". (Ord. 6.12)

SECTION 2: DEFINITIONS: For the purposes of this ordinance, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is mandatory.

BASIC SERVICE: Those services provided by the company to all subscribers for a single monthly fee.

CABLE TELEVISION SYSTEM: A system of antennas, cables, amplifiers, towers, microwave links, waveguides, laser beams, satellites, earth stations, or any other conductors, convertors, equipment or facilities, designed or constructed for the purpose of producing, receiving, amplifying, storing, processing or distributing audio, video, digital or other forms of electronic or electrical signal.

CITY: The city of Cut Bank, Montana, a municipal corporation located in Glacier County, state of Montana, and all territory within its present or future geographic boundaries.

COMPANY: Group W Cable, Inc., the grantee of the rights under this ordinance, its successors and assigns.

FEDERAL COMMUNICATIONS COMMISSION OR FCC: That federal agency established by the communications act of 1934 or any successor agency as established by Congress.

GROSS SUBSCRIBER RECEIPTS: The compensation, in whatever form, received by the company from subscribers for the provision of cable television service within the city. Gross subscriber receipts shall not include receipts derived from any taxes on services furnished by the company imposed directly on any subscriber by any municipal, county, state or other governmental unit.

STREET: The surface of and the space above or below any public street, sidewalk, alley, easement or other dedicated public way of any type whatsoever, now or hereafter existing as such within the jurisdiction of the city.

SUBSCRIBER: Any person, firm, corporation or other receiving a service by means of the company's cable television system. (Ord. 6.12)

SECTION 3: TERM OF FRANCHISE: This franchise and the rights and privileges granted herein shall take effect thirty (30) days after the passage and approval of this ordinance and remain in full force and effect for a period of fifteen (15) years from that date, providing that the company accepts the terms of this franchise within thirty (30) days from the date hereof. (Ord. 6.12)

SECTION 4: LEVEL OF SERVICE: During the term of the franchise, the company shall not reduce the level of basic service from the level which the company provided at the beginning of the term of the franchise. (Ord. 6.12)

SECTION 5: CONDITIONS OF STREET OCCUPANCY: Streets may be occupied on the following conditions:

A. The company shall locate all structures, lines, equipment and other such property of the company within the city so as to cause minimum interference with the rights and reasonable convenience of property owners whose property adjoins said streets. The cable television system shall be constructed and operated in compliance with applicable construction and electrical codes.

B. The company shall, at its own expense, restore all damage to public and private property which the company disrupts, to as nearly as possible as good a condition as immediately before the property was disrupted.

C. The company shall, at the written request of any person holding a valid building moving permit, temporarily raise or lower its cable to permit the moving of buildings. The expense of such temporary raising or lowering of cable shall be paid by the person requesting the same, and the company may require payment in advance. The company shall be given no less than seventy two (72) hours' advance written notice to arrange for such temporary changes.

D. The company shall have the authority to trim trees upon and overhanging streets so as to prevent the branches of such trees from interfering with the property of the company.

E. The company shall, to the extent it is economically and technologically feasible, place its cables, wires or other like facilities underground in a particular area if at any time during the terms of the franchise the cables, wires, or other facilities of all other public utilities in the same area are placed underground.

F. The company shall protect, support, temporarily disconnect, relocate in the same street or other public place or remove from the street or other public place (all such activity of the company being herein referred to as "relocation") property of the company when reasonably required by the city by reason of traffic conditions, public safety, street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines, and tracks or structures or improvements by public agencies.

G. If public funds are available to any utility company for the purpose of defraying the cost of any of the foregoing, such funds shall also be made available to the company.

H. Subject to any applicable state or federal regulations or tariffs, the city shall have the right to make additional use for any public purpose of any poles or conduits controlled or maintained exclusively by or for the company in any street, provided such use by the city does not interfere with the use by the company. The city hereby holds the company harmless against and from all claims, demands, causes of actions, suits, actions, proceedings, damages, costs or liabilities of every kind and nature whatsoever arising out of such use of said poles or conduits. (Ord. 6.12)

SECTION 6: TECHNICAL SPECIFICATIONS: The company shall comply with the following technical requirements:

A. The company shall operate and maintain its cable television system in compliance with the applicable regulations and performance standards of the federal communications commission.

B. The company shall at all times employ ordinary care and shall use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries or nuisances to the public.

C. The company shall maintain all structures, lines and equipment in, over, under and upon the streets wherever located, in a safe condition, and in good order and repair. (Ord. 6.12)

SECTION 7: SYSTEM CONSTRUCTION AND EXTENSION:

A. The company is hereby authorized, at its own discretion, to extend its cable television system within the franchise area to the extent that such extension is or may become technically and economically feasible.

B. Whenever the company shall have received written requests for service for at least fifteen (15) subscribers within four hundred (400) cable meters (1,300 cable feet) of its aerial trunk cable, or from at least twenty five (25) subscribers within four hundred (400) cable meters (1,300 cable feet) of its underground trunk cable, it shall extend the cable television system to such subscribers, provided that such extension is technically and economically feasible. The four hundred (400) meters shall be measured in extension length of company's cable required for service located within the public way or easement and shall not include length of necessary drop to the subscriber's home or premises.

C. No person in the company's service area shall be arbitrarily refused service; but in recognition of the capital costs involved in unusual circumstances, including, without limitation, instances when the distance from distribution cable to connection of service to subscribers is more than forty five (45) meters (150 cable feet) or when a subscriber density exists less than the density specified hereinabove, services may be made available on the basis of costs or materials, labor and easements, in order to prevent inequitable burdens on subscribers in more densely populated areas. (Ord. 6.12)

SECTION 8: RATES: Rates charged by the company shall provide the company with a fair and reasonable return on its investment and shall not be regulated by the city. (Ord. 6.12)

SECTION 9: FRANCHISE PAYMENTS: As compensation for the franchise granted herein and in consideration of the permission to use the streets and public ways of the city, the company shall pay to the city an amount equal to three percent (3%) of its gross subscriber receipts at tri-monthly intervals. The first payment shall be due on or before August 31, 1983, for receipts received by the company during the preceding months of May, June and July. Thereafter payment shall be due on or before November 30, 1983, for the preceding months of August, September and October; on or before February 28, 1984, for the preceding months of November, December and January; and, on or before May 31, 1984, for the preceding months of February, March and April. On the like days of each succeeding August, November, February and May thereafter, the payments shall be due for the similar three (3) month periods. At the time of each payment due hereunder, upon the written request of the city, the company shall provide the city with a summary report showing the gross subscriber receipts for the three (3) month period covered by such payment. (Ord. 6.12)

SECTION 10: INDEMNIFICATION: In order that the city shall be protected:

A. The company shall at all times hold the city harmless from all claims, liability or damage of every kind and description (herein collectively referred to as "claims") including court costs and reasonable attorney fees, which may arise out of the sole negligence of the company in the ownership, construction, maintenance or operation of the cable television system within the city, provided that the city shall give the company prompt written notice of any claims filed against it. The company shall have the right to defend, settle or compromise any claims arising hereunder and the city shall cooperate fully therein.

B. The company shall maintain in full force and effect during the life of this franchise, public liability insurance in an insurance company authorized to do business in the state of Montana, in the amounts of:

1. Five hundred thousand dollars ($500,000.00) property damage in any one accident;

2. Five hundred thousand dollars ($500,000.00) for personal injury to any one person;

3. Seven hundred fifty thousand dollars ($750,000.00) for personal injury in any one accident. (Ord. 6.12)

SECTION 11: TERMINATION OF FRANCHISE: The city shall have the right to revoke or cancel this franchise for a substantial breach of any of the material terms and conditions of this franchise by the company. No such revocation shall be effective until the city has given the company written notice of the condition or omission which is the basis for the revocation. The company shall have sixty (60) days from the receipt of said written notice or such additional time as is reasonably necessary to correct the aforementioned condition or omission. If the company fails to correct said condition or omission, the city may, but is not required to, revoke this franchise in accordance with the procedures listed in section 12.

The company shall not be in violation of this franchise and no revocation shall be effected if the company is prevented from performing its duties and obligations or observing the terms and conditions of this franchise by an act of God, labor dispute, manufacturers' or contractor's inability to timely provide personnel or material or other causes of like or different nature, collectively referred to as "acts of God".

Upon termination or expiration of this franchise, the company may enter upon the streets of the city for the purposes of removing there from its property and equipment. In removing its property, the company shall, at its own expense, leave the streets in as nearly as possible as good a condition as that prevailing immediately prior to the company's removal of its property. (Ord. 6.12)

SECTION 12: PROCEDURES: In order that all parties be afforded due process of law:

A. Any inquiry proceeding, investigation or other action taken or proposed to be taken by the city affecting operation of the company's cable television system shall be taken only after:

1. The minimum legally required public notice is published in a local newspaper having general circulation in the city (and in the absence of any such requirement, the notice shall be published at least ten (10) days prior to the date of the proposed action); and

2. A written summary of such action or proposed action is served on the company at least ten (10) days prior to the proposed action; and

3. The company has been given an opportunity to respond, in writing, and at any hearing held by the city.

B. The public notice required by this section shall state clearly the action or proposed action to be taken, the time provided for response and the person or persons in authority to whom such responses should be addressed, and such other procedures as may be specified by the city.

If a hearing is to be held, the public notice shall give the date and time of such hearing, whether public participation may be obtained. The company shall be an indispensable party to any proceedings conducted in regard to its operations.

Failure to follow the procedures set out in this section will render the action, as to the company, null and void and shall have no effect whatsoever upon the rights granted to the company by this franchise. (Ord. 6.12)

SECTION 13: TRANSFER OF FRANCHISE: The company may not sell or transfer its rights under this franchise to another, other than a parent company, a wholly owned subsidiary of a parent company or a wholly owned subsidiary of the company, except as security for monies borrowed, without city approval. Such city approval shall not be unreasonably withheld. (Ord. 6.12)

SECTION 14: COMPANY REGULATION: The company shall have the authority, consistent with the applicable rules and regulations and the provisions of this franchise, to promulgate such rules, regulations, terms and conditions governing the conduct of its business with subscribers as shall be reasonable and necessary to enable the company to exercise its rights and perform its obligations under this franchise. (Ord. 6.12)

SECTION 15: COMPLIANCE WITH APPLICABLE LAWS AND ORDINANCES: The company shall conform to all applicable laws, rules and regulations of the United States, the state of Montana and the city in the construction and operation of its cable television system. The city reserves the right to adopt such additional regulations as it shall find necessary in the exercise of its police power, provided such regulations are reasonable and not materially in conflict with the rights and privileges granted in this franchise. (Ord. 6.12)

SECTION 16: DEDICATIONS OF ACCESS:

A. In the event that the company expands the number of cable television channels beyond twelve (12) channels, then the company shall reserve and dedicate one access channel to the city for public use by the city and others, and the city shall have the sole power to determine public use of said dedicated channel. The company shall not be required to provide more than one access channel for the use by all municipalities served by the cable television system. The city acknowledges that the company has no studio and very limited equipment for use in the cable television system at present. This paragraph shall not be construed as a requirement on the company to acquire a studio or additional equipment. However, if the company, in its discretion, does acquire a studio or equipment for use within the city, the company shall make such studio and equipment available to the city for a reasonable fee for the purpose of producing programming for public access. The company shall be permitted to reasonably regulate the use of its studio and equipment to prevent misuse or abuse of the public access channel or its studio or equipment.

B. In the case of any emergency or disaster, the company shall upon the request of the city make available its facilities to the city for emergency use during the emergency or disaster period.

C. The city hereby holds the company harmless against and from all claims, demands, causes of actions, suits, action, proceedings, damages, costs or liabilities of every kind and nature whatsoever arising out of any of the above uses, including, but not limited to, any inability to provide emergency messages, failure for any reason to provide emergency messages, or negligence of the company or any other person in providing emergency messages. (Ord. 6.12)

SECTION 17: SEVERABILITY: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held invalid by the decision of any court or regulatory body of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. The city hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, and phrase hereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared illegal, invalid or unconstitutional. (Ord. 6.12)
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ORDINANCES PENDING CODIFICATION

Ordinances listed below have been passed by the city, but have not been incorporated in the actual city code. Please contact the office of the city clerk if there are any questions concerning the ordinances listed.


Disclaimer:
This is provided for informational purposes only. The formatting of these ordinances may vary from the official hard copy. In the case of any discrepancy between these ordinances and the official hard copy, the official hard copy will prevail.
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