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HomeMy WebLinkAboutOrdinance 82- 1100 Amends prior code §§ 2.08.010, 2.08.020, 2.08.040, 2.08.050, 2.08.060, 2.08.070, 2.16.230 and 2.16.240, city commission and permanent care fund 'O/'~.- . 213 ORDINANCE NO. 1100 AN ORDINANCE OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING TITLE 2 OF THE BOZEMAN MUNICIPAL CODE PROVIDING FOR A MORE ACCURATE REFLECTION OF THE STATE STATUTES AS THEY APPLY TO CITY OFFICERS, DEPARTMENTS, BOARDS, AND EMPLOYEES AND TO THE AD~1INISTRATION OF CITY AFFAIRS. I BE IT ORDAINED BY THE COMMIS ISON OF THE CITY OF BOZEMAN: SECTION 1 That Section 2.08.010 of the Bozeman Municipal Code be, and the same is hereby amended to read as follows: 2.08.010 Commission--Membership Qualifications The Commission of the City of Bozeman shall consist of five Commissioners, who shall be elected from the City at large in the manner provided by law. They shall be residents of the City of Bozeman and have the qualifications of electors. SECTION 2 That Section 2.08.020 of the Bozeman Municipal Code be, and the same is hereby amended to read as follows: 2.08.020 Commission--Election--Term of Office Of the Commissioners elected at the special election held in said City on October 4, 1921, the terms of office of the two Commissioners who received the highest I number of votes at said election shall continue to January 1,1924, and until their successors shall be elected and shall qualify, and the other of said Commissioners in shall continue/his office of Commissioner until his successor shall be elected, at the regular election for the choice of Commissioners to be held on the ffrst Tuesday after the first Monday in November 1923, and shall qualify. All succeeding Commissioners shall serve for a period of four years and until newly elected Commissioners assume their duties as prescribed in Section 2.08.060 of this chapter. Every person elected Corrnnissioner shall within ten davs thereafter file with the Clerk of the Commission, his oath of office and shall execute and give sufficient bond to the City of Bozeman in such sum as the Judge of the District Court of Gallatin County shall designate, conditioned for the faithful performance of the duties of his office, which bond shall be filed with the County Clerk and Recorder of Gallatin County. SECTION 3 I That Section 2.08.040 of the Bozeman Municipal Code be, and the 'same is hereby amended to read as follows: 2.08.040 Commission--Voting Three Commissioners shall constitute a ouorum and the affirmative vote of three Commissioners shall be necessary to adopt or reject any motion, resolution, or ordinance or pass any measure unless a greater number is provided for by law. Upon every vote, the ayes and nays shall be called and recorded, and every motion, resolution, or ordinance shall be reduced to writin9 and read before the vote is taken thereon. ORDINANCE NO. 1100 211+. ~., SECTION 4 That Section 2.08.050 of the Bozeman Municipal Code be, and the same is hereby amended to read as follows: 2.08.050 Commission--Salaries The salary of each Commissioner shall be established by ordinance and the I salary of the Commissioner acting as Mayor shall be one and a,half times that of the, other Com~issioners. SECTION 5 That Section 2.08.060 of the Bozeman Municipal Code be, and the same is hereby amended to read as follows: 2.08.060 Commission--Meetings At ten o'clock on the first Monday after the first day of January following a regular municipal election, the Commission shall meet at the usual place for holdin9 its meetings, at which time the Corrnnissioner and/or Commissioners elected at such reqular municipal election shall a~sume the duties of their office. Thereafter the City Commission shall meet in regular sessions not less than twice each month at such place, day and hour as may from time to time be fixed by resolution of the Commission. Absence of any Commissioner from five consecutive regular meetings of the Commission shall be effective to vacate the office of such Commissioner, unless such absence is authorized by the Commi ss ion by order entered in the mi nutes. I The Commissioner acting,as Mayor, any two members of the Commission, or the City Manager, may call special meetings of the Commission, upon at least twelve hours' written notice to each member of the Commission, personally served on each member of left at his usual place of residence. All meetings of the Commission shall be public and any citizen shall have access to the minutes and records thereof at all reasonable times. The Commission shall determine its own rules and order of business and shall keep a journal of its proceedings. SECTION 6 That Section 2.08.070 of the Bozeman Municipal Code be, and the same is hereby amended to read as follows: 2.08.070 Ordinance Requirements Each proposed ordinance or resolution shall be introduced in writing and shall not contain more than one subject, which shall be clearly stated in its title, except ordinances for the codification and revision of ordinances and general appropriation ordinances which may contain the various subjects and accounts for I which moneys are to be appropriated. Every ordinance or resolution passed by the Commission shall be filed immediately with the Clerk of the City Commission. The enacting clause of all ordinances passed by the Commission shall be: "Be it ordained by the Commission of the City of Bozeman." ORDINANCE NO. 1100 ,,: 215 No ordinance, unless it be declared an emergency, shall be passed upon the day on which it shall be introduced, unless so ordered by an aff~rmative vote of four- fifths of the members of the Commission. All ordinances and resolutions shall be in effect from and after thirty (30) days from the date of their passage by the Commission, I except as otherwise provided by law. The Commission may, by an affirmative vote of four-fifths of its members, pass emergency measures to take effect at the time indicated therein. An emergency measure is an ordinance or resolution for the immediate preservation of the public peace, property, health or safety' or providing for the usual daily operation of a municipal department, in which the emergency is set forth and defined in a preamble thereto. Every ordinance or resolution passed by the Commission shall be authenticated by the signatures of the Mayor, or two Commissioners, and the Clerk of the Commission, and recorded in a book kept for that purpose. The number and title of every ordinance final or resolution shall be published once within ten days after its/passage, ina daily newspaper of general circulation in the City. SECTION 7 That Section 2.16.230 of the Bozeman Municipal Code be, and the same is hereby amended to read as follows: I 2.16.230 Record and Report of Permanent Care Fund The Director of Finance shall prepare and keep a record of the Permanent Care Fund, which record shall show: (a) The name of the person in whose name, or for whom the deposit is made, and the amount thereof; (b) ^ description of the lots to receive the benefit of the interest or income from the Permanent Care Fund; (c) The character and amount of the securities in which the Permanent Care Fund is invested; (d) Amount of Permanent Care Fund not invested; (e) Income from Permanent Care Fund. A report shall be made by the Director of Finance, ~s of the first day of July of each and every year, to the Board of Trustees and the Commission of the City of Bozeman, or at such other times as the Board of Trustees or the Commission of the City of Bozeman may require. SECTION 8 That Section 2.16.240 of the Bozeman Municipal Code be, and the same is hereby I amended to read as follows: 2.16.240 Annual Report As of the first day of July of each and every year, the Director of Finance shall make and submit to the Board of Trustees and the Commission of the City of Bozeman a ORDINANCE NO. 1100 216 .. full and compl~te report6f the operatiohs of~~he Cemetery Fund and the Permanent Care Fund for the previous fiscal year. SECTION 9 This ordinance shall be in full force and effect from and after thirty (30) days after its adoption. I PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana, this 5th day of April 1982. MAYOR ATTEST: Clerk of the City Commission State of Montana ) County of Gallatin) Ci ty of Bozeman ) 1, Robih L. Sullivan, Clerk of the City Commission of the City of Bozeman, I Montana, do hereby certify that the foregoing Ordinance No. 1100, was published in the Bozeman Daily Chronicl~a newspaper of general circulation printed and published in said City of Bozeman in the issue dated the 16th day of April 1982. IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my office this 19th day of April 1982. Clerk of the City Commission I ORDINANCE NO. 1100