Ordinance 457 - Repeals Ord 454 - Sidewalk Crossings357
OR'DIN1NC1 No. 457
AN O 'DINANC ?E ,TTL',TIN O T1IE LOC "TION AND TTSE OF `31 DF'IVALK
C;t03SINCS ..)TAIRWAYS, PARKING SPAC�E�S, TELIMRA, T?,I" 'IJPdE AND
LF,CTRIC IIr HT T'OLF,S TTPON MT1 i, PT*RI_IC }VA?g AND PiR3LIC PLACES OF
7H74; CITY OF KALIS'.LL, AND PTSQT'I;,IN r TTi; PAY1.1-MT OF AN ANNITAL
si;n 1. ,� 7T,T7NT TAX AND R IN'TAL TO THE CITY rOR STTCH TTS-S, AND T-7,E-
SCkIPIN" P-NAT7T73 1707 71 -IT ?OL."LTTr 0 ' ^HIS 0n, IN'AIT , its RL-
P:AJ,TNn nnDTN%!,'C^ No. 454.
L Cli1T:'"YRR? IT ODOF Y,ALISP?I:L:
Section 1. The phrase "Public 'lays" and"Public Places" used herein
shall be construed to :wean and include the streets, avenues, alleys,
sidewalks and parks of the City of Kalispell.
'Section 2. It shall he urlawf.il for any person, firm or corporation
to hereafter use or occupy any part of the public ways of the City
for the following purposes, nacriely: The construction and use of
vehicular driveways across sidewalks between business places and
streets and avenues; the construction and use of stairways upon
sidewalk space to basement and second floors of business buildings;
for parking space for vehicles set arart by "No Parking" signs;
for the erection and -aaintenance of telephone, telegraph and electric
light poles; without obtain `_ng a posit for such use from the City
Council. mhe right is reserved to the Council to deny any application
for a permit for the above uses. The City Council by resolution may
order the discontinuance abandonment or removal of any such uses on
any part of the public ways of the City, when it deems such use to
be detrimental to the safety and/or convenience of the public, or
when such use is not conducive to tite best interests of the City.
Section 3. -very person, fir:z or corporation occupying and/or using
for commercial purposes, or as an aid or adjunct in the conduct of
their business, any part of `]: public ways or Iitblic places of the
' City of Kalispell for any of the uses and purposes designated in
paragraph two hereof, shall pay for sach use and occuoutlon an annual
encroachment tax and rental to the City of Kalispell as follows:
Sidewalk crossings; For each ei��ht linear
feet or major fraction thereof the sum of ------------ -- $3.00
For each stairway in sidewalk space leading to
basement or upper floors of buildings, the sum of ------ :5.00,
For each reserved parking space in front of business
houses for each twenty-five feet or major frac}ion
thereof-----------------------------------------------
- �12.00
For each telegraph pole -------------------------------- 1 8.40
For use of all public ways and places of the City for
location of distribution systems of electric light
and power companies ---------------------------------- J2500.00
Section 4. All those required to pay any rental under the provisions
of this Ordinance, shall pay the same quarter -annually, in advance
to the City Treasurer.
Section 5. If within thirty days after the same shall have becone due
any person, firm or corporation ne�lects or refuses to pay the tax
and rentals as herein required to be paid for the use of any part of
the public ways of the City of Kalispell for the purposes herein de-
signated, the City Council may be resolution order the City .9ttorney
to commence an action in the Proper court to collect such tax and
rentals, together with a penalty of ten percent on the amount oil'
such delinquent rentals and costs.
Section 6. All money collected under the provisions of this ordinance
by the City 'Treasurer shall be credited to the Street Fund.
Section 7. Whenever the City Council, by resolution, shall order the
discontinuance, abandonment or removal of any of the uses as provided
for in paragraph two hereof, such resolution shall fix the period of
time in which such use shall be discontinued, abandoned or removed
1�nI
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by the owner thereof, and written notice of such order and resolution.
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shall be served upon the owner, agent, manager, superintendent or
other person in charge of the business and affairs of the person, firm,
association or corporation owning or controlling the use so ordered
discontinued, abandoned or removed and any such person, firm, associa-
tion or corporation who shall fail, neglect or refuse to obey said
order of discontinuance, abandonment or removal within the period
prescribed by such resolution, shall be guilty of a middemeanor and
shall upon conviction be fined in a sum of not less than r25.00, and
shall be subject to a like fine for every day the offense shall be
continued after the expiration of the term fixed by such resolution.
Section S. If any of the provisions of this ordinance shall be de-
clared invalid, such invalidity shall not effect the validity of the
remaining provisions of the ordinance.
Section 9. This ordinance shall take effect and be in f.zll force and
effect thirty days after its passage and approval.
Passed by the City Council this 7th day of December, 1936,
Approved by the Mayor this 7th day of December, 1936.
J. P. RRTT('1KIIATTS?:R
11a yo r
Attest: F. J. RO K SCION
ity Clerk
State of Montana )
County of Flathead) ss
I, F. J. Robischon, City Clerk of the City of Kalispell, �dontana,
do hereby certify that on the 8th day of December, 1936, I posted a
copy of the foregoing ordinance in my office and the same remained so I
posted for a period of five days and the foregoing record is a true
copy of the ordinance as passed by the City Council.
Dated this 15th day of December, 1936.
01
i5 Clerk