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HomeMy WebLinkAboutTitle 02 e Title 2 ADMINISTRATION AND PERSONNEL e Chapters: 2.01 Code of Ethics 2.04 City Commission 2.06 Municipal Court 2.08 City Manager 2.12 Administrative Departments Generally 2.16 City Attorney-Department of Law 2.20 Health Officer 2.32 Department of Finance 2.36 Division of Recreation 2.40 Department of Public Safety 2.44 Department of Public Service 2.48 Department of Public Welfare 2.56 Library Board of Trustees 2.64 City-County Planning Board 2.66 City Planning Board 2.72 City Employees 2.76 Cemetery 2.80 Historic Preservation Advisory Board 2.84 Bozeman Beautification Advisory Board 2.88 Tax Increment Financing Industrial District Board 2.92 Bozeman Tree Advisory Board 2.96 Bozeman Senior Citizens' Advisory Board e 5 (Bozeman 11.01) e e .. e e e e Chapter 2.01 CODE OF ETHICS Sections: 2.01.010 2.01.020 2.01.030 2.01.040 2.01.050 2.01.060 2.01.070 2.01.080 2.01.090 Declaration of policy. Definitions. Persons covered. Standards of conduct. Use of city resources. Treatment of the public. Conflict of interest. Confidential information. Gifts, gratuities and favors. 2.01.010 Declaration of pOlicy. The proper operation of the city government requires that public officials and employees be inde- pendent, impartial and responsible; that governmen. tal policies and decisions be made in the proper channels of the governmental structure; that public office and employment not be used for personal gain; and that the public have confidence in the integrity of its government. The purpose of this code of ethics is to set forth standards of ethical conduct; to assist public officials and employees in establish- ing guidelines for their conduct; to foster the devel. opment and maintenance of a tradition of responsi- ble and effective public service; and to prohibit conflict between public duty and private interest. Nothing herein shall be construed to relieve any employee or official of the responsibilities set forth in Sections 2.2.104, 2.2.105. 2.2-125. 2-2-131, and 7-3-4367 of the Montana Code Annotated. (Ord. 1342 ~ 1, 1992: Ord. 1240 ~ 1, 1987) 2.01.020 Definitions. As used in this chapter, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intend- ed: A. "Agency" means the city commission and all other agencies, board. committees. departments and offices of the city, without exception. B. "City" means the city of Bozeman, Montana. 2.01.010--2.01.020 C. "Confidential information" means any infor. mation which is not available to the general public and which is obtained only by reason of an official's or employee's position. D. "Employee" means all individuals employed by the city and its agencies, but does not include independent contractors hired by the city, city com- missioners, or city judge. E. "Financial interest" means any ownership interest, contractual relationship. business relation- ship or other interest which will result in a monetary or other material benefit to an official or employee, either tangibly or intangibly which has a value of more than fifteen dollars. other than his duly autho. rized salary or compensation for his services to the city, and which interest is not common to the inter- est of all other citizens of the city. The following financial interest shall be imputed to be those of an official or an employee of the city: that of a spouse or child of an official or employee; that of any prime contractor or subcontractor of the city. in which the official or employee or any member of his immediate family has any direct or indirect interest as the proprietor, by ownership of stock or partnership interest. F. "Immediate family" means spouse and chil- dren. G. "Officials" means all officers and members of the city's agencies, whether elected or appointed. whether paid or unpaid. whether permanent. tempo- rary or alternate and that are not employees. H. "Personal interest" means any interest in the matter which would affect the action of the official or employee other than a financial interest, and other than an interest because of membership in or affiliation with. but not employment by a social, fraternal. charitable, service, educational, religious, governmental. health service. philanthropic. cultural or similar nonprofit institution or organization. I. "Transaction" means the offer of. or the sale, purchase or furnishing of any real or personal prop- erty. or services. by or to any person or entity di~ rectly, or indirectly, as vendor or vendee, prime contractor, subcontractor or otherwise, for the use and benefit of the city or of such other person or 6-1 (Bozeman 9-93) 2.01.030---2.01.070 entity, for a valuable consideration. (Ord. 1342 ~ 2, 1992: Ord. 1240 ~ 2, 1987) 2.01.030 Persons covered. All city officials and employees shall be bound by this chapter. (Ord. 1240 ~ 3, 1987) 2.01.040 Standards of conduct. A. Officials and employees have an obligation to act morally and honestly in discharging their responsibilities. B. Officials and employees shall conduct them. selves with propriety, discharge their duties impar- tially and fairly and make continuing efforts toward attaining and maintaining high standards of conduct. C. Each official or employee serving on a multimember agency is expected to devote the time and effort necessary to the successful functioning of such agency. D. No official or employee shall improperly use, directly or indirectly, his city position to secure any financial interest or personal interest for himself or others. E. No official or employee shall, for any reason, use or attempt to use his position to improperly influence any other official or employee in the per. formance of his official duties. (Ord. 1342 ~ 3, 1992: Ord. 1240 ~ 4, 1987) 2.01.050 Use of city resources. No official or employee shall use or permit the use of city-owned vehicles, equipment, material or city personnel for personal use of the employee or official or anyone else or to be used in any manner prohibited by state statutes or city ordinance. No city automobile shall be used by a city employee or official going to or from home, except when such use is for the benefit of the city, as in the case of an employee on call outside of the employee's working hours. (Ord. 1240 ~ 5, 1987) 2.01.060 Treatment of the public. City officials and employees represent the city govenunent to the public. In their contact with the public, officials and employees must bear in mind (Bozeman 9-93) their role as public servants. Each member of the public should be treated courteously, impartially and fairly. (Ord. 1240 ~ 6, 1987) 2.01.070 Conflict of interest. A. No official or employee shall engage in any employment or business which conflicts with the proper discharge of his official duties. B. No official or employee shall have a financial or personal interest, tangibly or intangibly, in any transaction with the city as to which he has the power to take or influence official action unless full public disclosure is made. If an official or employee has any tangible or intangible financial or personal interest in the outcome of any matter coming before the agency of which he is a member or by which he is employed, such official or employee shall public- ly disclose on the record of the agency or to his superior or other appropriate authority the existence of such financial or personal interest. An official or employee having such a financial or personal inter. est shall not engage in deliberations concerning the matter, shall disqualify himself from acting on the matter, and shall not communicate about such matter with any person who will participate in the action to be taken on such matter. C. No employee, whether paid or unpaid, shall represent or appear on behalf of any individual or entity, before any agency of the city, or take any appellate proceedings from any action of such agen. cy, either personally or through an associate or partner. D. No official, whether paid or unpaid, shall represent or appear on behalf of any individual or entity in any action or proceeding of concern to the agency on which that official serves, either before that agency or any other agency of the city. or be. fore the city commission, or take any appellate proceedings from any action of such agency or the commission. Such representation may be made by an official's associate or partner, provided no refer- ence to the participation of the involved official is made except for certification or other required iden. tification on prepared documents. The involved official shall not engage in deliberations concerning 6.2 e - - e - e ~ a matter represented by an associate or partner, shall disqualify himself from acting on the matter, and shaH not communicate about such matter with any person who will participate in the action to be taken on such matter. E. Nothing in this section shall be interpreted or construed to prohibit any official or employee from exercising his legal rights as to his own personal interests in a matter pending before the city or any of its agencies, or to prohibit an official or employ. ee from testifying as a witness in any administrative or judicial proceeding. However, no official or em. ployee who represents his own personal interest before an agency of which he is a member or a member of an agency to which the matter may be appealed shall participate in the decision of that agency or the appellate agency. (Ord. 1342 ~ 4, 1992: Ord. 1240 ~ 7, 1987) 2.01.080 Confidential information. A. No official or employee shall, without legal authority, disclose confidential infonnation concern. ing the persormel, property, government or affairs of the city. B. No official or employee shall use confidential infonnation to advance his own financial or personal interest or the financial or personal interests of any other person. C. Nothing in this section shall be interpreted as prohibiting the disclosure of info nnation required by law to be disclosed. (Ord. 1240 ~ 8, 1987) 2.01.090 Gifts, gratuities and favors. No official or employee shall accept a gift, gratu- ity or favor from any person or entity, except as authorized by law. (Ord. 1240 ~ 9, 1987) 2.01.080----2.01.090 6-3 (Bozeman 9-93) ....----.---.. ~ e e e e e e Chapter 2.04 CITY COMMISSION Sections: 2.04.010 2.04.020 Membership quaIifications. Election- Tenn of office- Bond. Mayor presides. Regular and special meetings- Open to public. Voting. Clerk of the commission. Salaries for mayor and commissioners. Powers and duties. Ordinances and resolutions- Requirements. Fonn of government-Effect of other laws. 2.04.030 2.04.040 2.04.050 2.04.060 2.04.070 2.04.080 2.04.090 2.04.100 2.04.010 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 and have the qualifications of electors. (Ord. 1100 ~ 1, 1982: prior code ~ 2.08.010) 2.04.020 Election- Tenn of office-Bond. A. Of the commissioners elected at the special election held in the city on October 4, 1921, the terms of office of the two commissioners who re- ceived the highest 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 shall continue in his office of commissioner until his successor shall be elected, at the regular election for the choice of commissioners to be held on the frrst Tuesday after the first Monday in November, 1923, and shall qualify. B. All succeeding commissioners shall serve for a period of four years and until newly elected com- 2.04.010--2.04.040 mlssIOners assume their duties as prescribed in Section 2.04.040. C. Every person elected comnussIOner shall, within ten days thereafter, file with the clerk of the commission his oath of office, and shall execute and give sufficient bond to the city 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 Coun- ty. (Ord. 1100 ~ 2, 1982: prior code ~ 2.08.020) 2.04.030 Mayor presides. A. The mayor shall be elected in the manner provided by the laws of Montana in force at the time he shall be elected. In the event there is a vacancy in the office of mayor for any cause, other than by the expiration of his term of office, the remaining members of the commission shall choose his successor for the unexpired term from their own number. B. The mayor shall be the presiding officer, ex- cept that in his absence a president pro-tempore may be chosen. The mayor shall exercise the powers and perform all duties imposed upon him by the ordi- nances of the city and the laws of the state, except that he shall have no power to veto any measure. He shall be recognized as the official head of the city for the purpose of serving civil processes, and for the purposes of military law, and for all ceremonial purposes. (prior code ~ 2.08.030) 2.04.040 Regular and special meetings-Open to public. A. At ten a.m. on the first Monday after the first day of January following a regular municipal elec- tion, the commission shall meet at the usual place for holding its meetings. at which time the commis- sioner and/or commissioners elected at such regular municipal election shall assume 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 7 (Bozeman 6-96) 2.04.050-2.04.090 meetings of the commission shall be effective to vacate the office of such commissioner, unless such absence is authorized by the commission by order entered in the minutes. B. 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 mem- ber or left at his usual place of residence. C. All meetings of the commission shall be pub- lic, and any citizen shall have access to the minutes and records thereof at all reasonable times. The commission shall detennine its own rules and order of business and shall keep a journal of its proceed~ ings. (Ord. 1100 ~ 5, 1982: prior code ~ 2.08.060) 2.04.050 Voting. Three conunissioners shall constitute a quorum, and the affirmative vote of three conunissioners 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 writing and read before the vote is taken thereon. (Ord. 1100 ~ 3, 1982: prior code ~ 2.08.040) 2.04.060 Clerk of the commission. The commission shall choose a clerk and such other officers and employees of its own body as are necessary. The clerk shall be known as the "clerk of the commission," and shall keep the journal of the proceedings of the commission, and all files and records, including the record of all ordinances and resolutions, and perform such other duties as may be required of him by ordinance or resolution or order of the commission, and he shall be the custo- dian of the corporate seal of the city. (Prior code ~ 2.08.090) 2.04.070 Salaries for mayor and commissioners. The salary of each commissioner shall be estab. (Bozeman 6-%) 8 lished by ordinance, and the salary of the commis- e sioner acting as mayor shall be one and one-half times that of the other commissioners. (Ord. 1100 ~ 4, 1982: Ord. 1093 ~~ 1 and 2, 1982: Ord. 1075 ~~ 1 and 2, 1981: prior code ~ 2.08.050) 2.04.080 Powers and duties. The commission shall constitute the governing body, with power to create, establish, abolish and organize offices and fix the salary and compensation of all officers and employees, except as hereinafter provided; make and enforce local sanitary and police and other regulations; pass such ordinances as may be expedient for maintaining and promoting peace, good government and welfare of the municipality and for the performance of all the functions thereof, and to carry out and put into effect all the powers by ordinances, resolutions or orders that now are or hereafter may be granted to municipalities by the Constitution or laws of the state of Montana, includ- ing the power to pass ordinances, adopt regulations, and appoint a chief administrative officer to be known as the "city manager," and exercise all the . powers conferred on it by Chapter 152 of the Acts of the Fifteenth Legislative Assembly of the state, as amended; and shall have all the powers conferred by law upon city councils insofar as the same is not inconsistent with said Chapter 152. (Prior code ~ 2.08.080) 2.04.090 Ordinances and resolutions- Requirements. A. 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 which monies are to be appropriat- ed. Every ordinance or resolution passed by the commission shall be filed immediately with the clerk of the conunission. The enacting clause of all ordinances passed by the commission shall be: "Be it ordained by the Commission of the City of Bozeman. " e e e e B. No ordinance, unless it is declared an emergency, shall be passed upon the day on which it shall be introduced, unless so ordered by an affirmative vote of four.fifths of the members of the commission. All ordinances shall be in effect from and after thirty days from the date of their passage by the commission, except as otherwise provided by law. All resolutions are immediately effective unless a delayed effective date is specified in the resolution. C. The commission may, by an affirmative vote of four-fifths of its members, pass emergency mea- sures 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. D. 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 or resolution shall be published once within ten days after its final passage, in a daily newspaper of general circulation in the city. (Ord. 1381 ~ 1, 1994: Ord. 1100 ~ 6, 1982: prior code ~ 2.08.070) 2.04.100 Form of government-Effect of other laws. All ordinances and sections or parts of ordinances insofar as they are in conflict with or inconsistent with the provisions of Chapter 152 ofthe Acts of the Fifteenth Legislative Assembly of the state, relating to the commission-manager plan or form of govern- ment are hereby repealed; but nothing herein contained shall be construed to repeal or in any way affect any ordinance of the city relating to the ad- ministration of the affairs of the city, except insofar as the same may not be applicable under said com- mission~manager plan or form of government, and with the provisions of this title which are intended to carry said form of government into effect. (Prior code ~ 2.08.370) Sections: 2.06.010 2.06.020 2.06.030 2.06.040 2.06.050 2.06.060 2.06.070 2.06.080 2.06.090 2.06.100 2.06.110 2.06.120 2.06.130 2.06.140 2.06.150 2.04.100-2.06.020 Chapter 2.06 MUNICIPAL COURT Establishment of the municipal court. Sessions of the municipal court. Office of clerk of the municipal court. Duties of the clerk of the municipal court. Office of municipal judge. Method of selection and teno of office. Qualifications of municipal judge. Powers and duties of municipal judge. Procedure for court appointed counsel. Compensation and expenses. Oath and deposit of funds. Qualifications of a judge pro tempore. Vacancy filled by commission. Appeal to district court. Limitation on appeals. 2.06.010 Establishment of the municipal court. A. The municipal court is hereby established pursuant to Title 3, Chapter 6, MeA. The court is established for all intents and purposes set forth in state law and any reasonable inference therein. B. The municipal court will be a court of record by electronic recording or stenographic transcription and will assume continuing jurisdiction over all pending city court cases. C. The municipal court will commence on January 1,2000. (Ord. 1490 ~ I (part), 1999) 2.06.020 Sessions of the municipal court. A. The municipal court will be in a continuous session from nine 0' clock a.m. until noon and from 9 (Bozeman 11-01) 2.06.030-2.06.090 one o'clock p.m. until four o'clock p.m. on every day except nonjudicial days. The judge may set additional hours as necessary. B. Nonjudicial days are defined as any legal holidays, or days appointed by ~e President of the United States or by the Governor of Montana for a public fast, thanksgiving, or holiday except as set forth in subsection C of this section. C. The municipal court will, on any day: I. Give instructions to a jury when deliberating; 2. Receive a verdict or discharge a jury; 3. Exercise its powers in a criminal action; and 4. Issue writs of prohibition, injunctions and habeas corpus. (Ord. 14909 1 (part), 1999) 2.06.030 Office of clerk of the municipal court. The position of clerk of the municipal court is established. The clerk will work under the supervision and control of the department of finance. (Ord. 14909 1 (part), 1999) 2.06.040 Duties of the clerk ofthe municipal court. The clerk of the municipal court will establish, maintain, retain and administer all municipal court records by means of electronic filing or storage or both. In any event, the clerk will maintain a paper copy of all records established. The clerk will assist the municipal judge in the recording and signing of court proceedings as well as general operations of the court. The clerk will have all other powers and duties as prescribed in Section 3.5-501, MCA., relevant to a municipal court as well as all other duties assigned by the department of finance. (Ord. 14909 1 (part), 1999) 2.06.050 Office of municipal judge. The office of municipal judge is hereby established for the city. There will be one full-time municipal judge. The judge will not be employed in addition to the employment as a municipal judge. (Ord. 14909 1 (part), 1999) (Bozeman 1141 I) 2.06.060 Method of selection and term of office. The person holding the office of municipal judge will be elected at a general election and will hold office for a period of four years. (Ord. 1490 9 1 (part), 1999) e 2.06.070 Qualifications of municipal judge. A municipal judge, at the time of election or appointment, will be a resident of and registered to vote in the city. The municipal judge must have the same qualifications as a district judge, as set forth in Article VII, Section 9, of the 1972 Montana Constitution, except that the judge need only be admitted to the practice of law in the state of Montana for a minimum of two years prior to the date of election or appointment. (Ord. 1490 9 1 (part),I999) 2.06.080 Powers and duties of municipal judge. The municipal judge will have those powers and duties as are provided by state law and the Montana Supreme Court. The judge will also have all duties imposed by city ordinances. The judge will hear and determine all suits, actions and prosecutions instituted in the municipal court pursuant to state law and ordinances of the city. (Ord. 1490 9 1 (part), 1999) - 2.06.090 Procedure for court appointed counsel. A. Upon request for court appointed defense counsel, the municipal judge will require the defendant complete and sign a written application for court appointed counsel as provided in the Montana Supreme Court Bench Book. This application will be notarized prior to submission. The municipal judge will verify all information provided by the defendant prior to appointing a public defender. B. The municipal judge will establish written criteria for determining proper appointment of defense counsel for indigent defendants in criminal actions and appoint counsel to all individuals who 10 e e e e qualify under this criteria. The municipal judge will provide a copy of the criteria to the city commission and the city manager within thirty days of taking office or assuming the position of municipal judge. C. The municipal jud,ge will provide the city commission and city manager with a report indicating the number and type of cases in which the defendant received appointed counsel; the income level of each individual appointed counsel; and any other information the municipaljudge feels pertinent. The report will be due on or before the 15th of every month. (Ord. 1490 ~ 1 (part), 1999) 2.06.100 Compensation and expenses. A. The city commission will establish the annual salary of the municipal judge by ordinance. B. The municipal judge will receive any actual and necessary expenses as budgeted in the city's annual budget. (Ord. 1490 ~ 1 (part), 1999) 2.06.110 Oath and deposit offunds. A. The oath of office will be filed with the office of the clerk of the commission. B. All moneys, from whatever source, collected under the jurisdiction of the municipal judge will be deposited and managed in accordance with the rules of the Montana Supreme Court. C. So long as the rules of the Montana Supreme Court do not require otherwise, all such moneys will be deposited daily with the treasurer of the city as directed by the director of finance. D. In order to establish an appropriate control of moneys deposited temporarily for bonds, appearance bonds, etc., all such moneys will be placed into a trust fund to be maintained and controlled by the clerk of the municipal court. Upon final disposition of the matter to which such a bond pertains by the municipal court, the clerk ofthe municipal court will disburse such moneys according to the direction of the municipal judge. (Ord. 1490 ~ I (part), 1999) 2.06.120 Qualifications of a judge pro tempore. A. When a judge ofthe municipal court has been disqualified or is sick or for any reason unable to act, 2.06.100-2.06.150 the judge will call in a qualified practicing attorney of the city who will be judge pro tempore with the same powers for the purposes of the cause as the judge of the municipal court. B. Any person acting as judge pro tempore must meet the following qualifications: I. Be an attorney admitted to practice in the state of Montana for a period of not less than two years; and 2. Be either a resident of the city or have a law practice or other law-related employment whose business address is within the Bozeman city limits. (Ord. 1490 ~ 1 (part), 1999) 2.06.130 Vacancy filled by commission. Should a vacancy occur in the office of municipal judge, the city commission will appoint a qualified individual to serve for the remainder of the term. (Ord. 1490 ~ 1 (part), 1999) 2.06.140 Appeal to district court. A. A party may appeal a municipal court judgment or order to the district court in either criminal or civil actions. An appeal to the district court is confined to review of the record and questions of law, subject to the Supreme Court's rulemaking and supervisory authority. B. On appeal, the clerk of the municipal court will transfer the record consisting of an electronic recording or stenographic transcription of the case tried, together with all papers filed in the action. The clerk may charge the requestor a reasonable fee for any copies or transcription made necessary by the appeal. (Ord. 1490 ~ 1 (part), 1999) 2.06.150 Limitation on appeals. A. A party in a civil case may appeal a municipal court judgment or order to the district court in cases where the amount in controversy exceeds one thousand dollars. B. In criminal actions, a defendant may appeal a municipal court judgment or order to the district court in cases where the amount in controversy exceeds three hundred dollars or where incarcer~ 11 (Bozeman 11-01) 2.08.010-2.12.010 ation has been ordered. The state may appeal in any instance set forth in Montana law. C. Notwithstanding the foregoing, the district court may, in the interests of justice, accept appeal jurisdiction upon petition of the ~ggrieved party. (Ord. 1490 ~ 1 (part), 1999) Chapter 2.08 CITY MANAGER Sections: 2.08.010 2.08.020 Appointment-Powers and duties. Compensation--Oath of office-- Bond. 2.08.010 Appointment-Powers and duties. A. The commission shall appoint a city manager, who shall be the administrative head of the city government and be responsible for the efficient administration of all its departments. He shall hold his office at the will of the commission. B. The powers and duties of the city manager shall be to: 1. See that the laws and ordinances are enforced; 2. Appoint and remove all directors of depart- ments and all subordinate officers and employees in the departments; 3. Exercise control over all the departments and offices created or which may be created by law or by the commission; 4. Attend all meetings of the commission, with the right to take part in the discussions; s. Recommend to the commission for adoption such measures as he may deem necessary or expedi~ ent; 6. Keep the commission fully advised as to the financial condition and needs of the city; 7. Perform such other duties as may be pre~ scribed by law or be required of him by ordinance or resolution ofthe commission. (Prior code ~ 2.08.100) (Bozeman 11-0 I) 2.08.020 Compensation--Oath of office-- Bond. The city manager shall receive such salary as may be fixed by the annual salary ordinance, or otherwise fixed by the commission. Before entering upon the duties of his office, he shall take and subscribe to the oath of office, and he shall give an official bond in such sum as may be fixed by the commission, conditioned for the faithful performance of the duties of his office, with sufficient surety to be approved by the commission, and such oath and bond shall be filed with the clerk thereof. (Prior code ~ 2.08.110) e Chapter 2.12 ADMINISTRATIVE DEPARTMENTS GENERALLY Sections: 2.12.010 Administrative departments es- tablished. 2.12.010 Administrative departments estab- lished. The following administrative departments of the city are established: A. Department of law; B. Department of public service; C. Department of public welfare; D. Department of public safety; E. Department of finance. (Prior code ~ 2.08.130) e Chapter 2.16 CITY ATTORNEY-DEPARTMENT OF LAW Sections: 2.16.010 City attorney-Appointment- Authority as head of department of law. 12 e e e e 2.16.010 City attorney-Appointment- Authority as head of department of law. A. The head of the department of law shall be an attorney at law, who h~s been admitted to prac- tice in the state, and shall be known as the city attorney. He shall be the legal advisor of and attor- ney and counsel for the city and for all the officers and departments thereof in matters relating to their official duties. He shall prosecute and defend all suits for and in behalf of the city and shall prepare all contracts, bonds and other instruments in writing in which the city is concerned, and shall endorse on each his approval of form and correctness thereof. He shall perform such other duties and have the authority conferred upon city attorneys by law. B. The city attorney shall be appointed by the city manager, and shall serve until removed by him, or until his successor is appointed and qualifies. Before entering upon the duties of his office he shall take and subscribe to the oath of office and give an official bond, if the commission shall require, in a sum to be fixed by it, with sufficient surety to be approved by the commission, and said oath and bond shall be filed with the clerk thereof. He shall receive such salary as may be fixed by annual salary ordinance, or otherwise fixed by the commission. (Prior code ~ 2.08.140) Chapter 2.20 HEALTH OFFICER Sections: 2.20.010 Health officer-Appointment- Powers and duties. 2.20.010 Health officer-Appointment- Powers and duties. There shall be a health officer of the city who, under the direction and control of the city manager or director of public welfare, shall enforce all ordi- nances and laws relating to health, and shall perform 2.16.010-2.20.010 all duties and have all powers provided by law relative to the public health and applicable to or to be exercised in municipalities by health officers. He shall be appointed by the city manager, and shall serve until removed by him, or until his successor is appointed and qualifies. Before entering upon the duties of his office, the city health officer shall take and subscribe to the oath of office, and shall give an official bond if the commission shall require, in a sum to be fixed by it, with sufficient surety to be approved by the commission, and said oath and bond shall be filed with the clerk thereof. He shall receive such salary or compensation as may be fixed by the city manager_ (Prior code ~ 2.08.190) 13 (Bozeman 11-01) 2.32.010 Chapter 2.32 DEPARTMENT OF FINANCE Sections: 2.32.010 Director of finance- Appointment-Bond-Powers and duties. City manager duties. Fiscal year-Revenue and expenditure estimates. Sinking fund trustees designated. Assistance by clerk of the commission-Oath and bond. 2.32.020 2.32.030 2.32.040 2.32.050 2.32.010 Director of finance- Appointment-Bond- Powers and duties. A. The director of public finance shall be the head of the department of finance, and shall work under the supervision and control of the city manager in all matters; except that as custodian of all the public moneys which may come into his hands, he shall be governed by the laws of the state relating to city treasurers and funds of municipalities, and shall be responsible under his bond for the safekeeping of all public moneys and the deposit of the same as required by law. The director of finance shall be custodian of all public moneys for the city and all other public moneys for the city and all other public moneys coming into his hands. He shall keep and preserve such money in the place or places determined by ordinance or by the provisions of any law applicable thereto. Except as otherwise provided by law, he shall collect, receive and disburse all other public moneys coming into his hands, in pursuance of such regulations as may be prescribed by the authorities having lawful control of such funds. The director of finance shall keep and have the supervision of all accounts of the city, and shall be the collector of all moneys paid to the city. B. The director of finance shall: 1. Mail notices of all special assessments for public improvements to property owners, and per- (Bozeman 11.01) form all duties in connection with special assess- ments for improvements prescribed by law for city treasurers; 2. Have charge ofthe collection of such assess- ments as are payable directly to the city and the preparation of the lists and the certification thereof of all unpaid assessments to the county treasurer for collection by him; 3. Issue all licenses and collect all fees therefor; 4. Be the collector of water rents and all other moneys owing to the city on account of the city waterworks system. The director of finance shall be responsible for the safekeeping of all funds on ac- count of the city waterworks system, and the bond to be given by the director of finance, as hereinafter provided, shall cover his duties with respect to funds derived from or on account of the waterworks sys- tem, as well as all other funds which may come into his hands. C. The director of finance shall have all the authority and shall be charged with all the duties prescribed by MCA ~ 7-3-4301, 1981, et seq., and amendments thereof and thereto, and all of the laws of the state of Montana and ordinances of the city relating to the powers and duties of city treasurers of municipalities insofar as they do not conflict with MCA ~ 7-3-4301, 1981, et seq., except that he shall not have charge of the purchasing of supplies for or selling property belonging to the city. D. The director of finance shall be appointed by the city manager and shall serve until removed by him and until his successor is appointed and quali- fies. Before entering upon the duties of his office, the director of finance shall take and subscribe to the oath of office, and give an official bond in the sum of at least twenty thousand dollars, and such an additional amount as the commission may require, with sufficient surety to be approved by the com- mission, and said oath and bond shall be filed with the clerk thereof. He shall receive such salary as may be fixed by the annual salary ordinance, or otherwise fixed by the commission. (Prior code ~ 2.08.320) e e 14 e e e e 2.32.020 City manager duties. Under the department of finance, the duties of the city manager shall include the purchase, storage and distribution of supplies needed by the various de- partments, and he shall have charge, under the su- pervision of the city cominission, of selling all real and personal property of the city not needed or suitable for public use or that may have been con- dellUled as useless by him. He shall have charge of such storerooms and storehouses as the city may possess in which shall be stored all supplies and materials purchased by the city and not delivered to the various departments. He shall inspect all supplies delivered to determine quality and quantity in conformity with specifications. (Prior code ~ 2.08.330) 2.32.030 Fiscal year-Revenue and expen- diture estimates. A. The fiscal year of the city shall begin on the first day of January. On or before the first day of November of each year, the city manager shall submit to the commission an estimate of the expen- ditures and revenues of the city departments for the ensuing year. Thereafter, and upon receipt of such estimate, the cOnmllssion shall prepare and pass an appropriation ordinance. B. Upon request of the city manager, the com- mission may transfer any part of an unencumbered balance of an appropriation to a purpose or object for which the appropriation for the current year has provided insufficient, or may authorize a transfer to be made between items appropriated to the same office or department. C. At the close of each fiscal year, the unencum- bered balance of each appropriation shall revert to the respective funds from which it was appropriated and shall be subject to future appropriation. (Prior code ~ 2.08.340) 2.32.040 Sinking fund trustees designated. The members of the commission, the city manager and the director of finance shall constitute the sinking fund trustees. The mayor shall be the president and the director of finance and shall be the secretary of 2.32.020-2.32.050 the trustees of the sinking fund. The trustees of the sinking fund shall manage and control the sinking fund in the manner provided by the laws of the state or by ordinance. (Prior code ~ 2.08.350) 2.32.050 Assistance by clerk of the commission-Oath and bond. In addition to the duties of the clerk of commission, as set forth in Section 2.04.060, and in addition to the duties prescribed by statute, the clerk of the commission shall devote all of his time not required in the discharge of his duties as clerk of the commission as aforesaid, assisting the director of finance or petforming such other duties as the man- ager may direct, and when so assisting the director of finance, he shall work under the direction and supervision of said director. Before entering upon the duties of his office, the clerk of the commission shall take and subscribe to the oath of office, and give an official bond in the sum of at least three thousand dollars, and such additional amount as the commission may order, with sufficient surety to be approved by the commission and which said bond shall cover the duties of the clerk of the commission both as clerk and as assistant to the director of finance, which oath and bond shall be filed with the director of finance. The clerk of the commission shall receive such salary as may be fixed by the commission, and provided by the annual salary ordinance. (Prior code ~ 2.08.360) 15 (Bozeman 11-01) 2.36.010-2.36.050 Chapter 2.36 DIVISION OF RECREATION Sections: 2.36.010 2.36.020 2.36.030 Creation and purpose of division. Division administration. Recreation and parks advisory board creation, membership and meetings. Board, ex officio member. Board secretary. Board recommendations to city manager. Board recommendations to city commission. Board-Donations. Division duties. Recreation fees. 2.36.050 2.36.060 2.36.070 2.36.080 2.36.090 2.36.100 2.36.110 2.36.010 Creation and purpose of division. There is created in and under the department of public welfare of the city a division of recreation. The division shall have charge of and be charged with the responsibility for public recreation, play- ground work and other activities to be carried on in the public parks and playgrounds and other facilities of the city and facilities contracted for with other agencies. (Ord. 1175 ~ 1 (part), 1985) 2.36.020 Division administration. The functions of the division of recreation shall be carried out by a designee of the city manager and such employees and/or assistants as may be neces- sary. (Ord. 1175 ~ 1 (part), 1985) 2.36.030 Recreation and parks advisory board creation, membership and meetings. A. The city commission shall appoint a recreation and parks advisory board, hereinafter referred to as the "board," which shall consist of up to fourteen members, representing as many facets of recreational programs as possible and selected as follows: (Bozeman 11-01) 1. Seven of the members shall be city of Bozeman residents appointed by the city commission; 2. Two of the members shall be recommended by the board of commissioners of Gallatin County, Montana, with final appointment to be made by the city commission; 3. Up to three additional at-large members may be appointed by the city commission, with city residency being a consideration, but not a mandatory requirement; and 4. Up to two student members from area secondary schools, including home schooled students, may be appointed by the city commission, with city residency being a consideration, but not a mandatory requirement. All members shall be appointed for terms ofthree years, except student members who shall be appointed for a term of one year. A majority of the members on the board, regardless of its size, shall be residents of the city. B. The board shall hold an annual meeting in January, at which meeting it shall elect one of its members as chairman of the board to serve as such for the ensuing year; and it shall hold such other meeting as may be required to transact business which may come before it. A majority of the voting members of the board shall constitute a quorum for the purposes of conducting business. Regular meet- ings will be held on such dates as may be set by the board, and special meetings may be held on any date at the request of a majority of the members of the board, the city manager or the city commission. All meetings shall be open to the public. Reasonable public notice shall be given prior to all regular and special meetings. (Ord. 1507 ~ 1,2000; Ord. 1312 ~ 1,1990: Ord. 1175 ~ 1 (part), 1985) e e 2.36.050 Board, ex officio member. The city manager, or a designee, shall be an ex officio, nonvoting member of the board. It shall be his duty to keep the board infonned as to city poli- cies, the city budget, to make available to them any information which he deems pertinent to the recre- 16 e e e e ation and parks advisory board. (Ord.13]2 ~ 3,1990: Ord. 1175 ~ 1 (part), 1985) 2.36.060 Board secretary. The board shall select a secretary, who shall attend all meetings of the board aDd keep correct minutes of all proceedings of the board in a book to be provided for that purpose, to be called the "record of the recreation and parks advisory board of the city of Bozeman" and shall perform such other duties necessarily implied by the activities and duties ofthe board. The secretary may be an employee of the city approved by the city manager or a board member. (Ord.1312 ~ 4,1990: Ord. 1175 ~ 1 (part), 1985) 2.36.070 Board recommendations to city manager. The board shall make recommendations to the city manager on the following subjects: A. The number and nature of duties of division employees and/or assistants; B. Recreation program offerings; C. Rules and regulations for the management of playgrounds, recreation centers and other recreation places and activities; D. Fees to be charged for activities and use of recreation property; E. Annually review with division administration and submit not later than May ] st of each year a proposed budget covering the recreational activities to be offered by the division for the ensuing fiscal year; and F. Other recommendations as requested. (Ord. 1175 ~ ] (part), 1985) 2.36.080 Board recommendations to city commission. The board shall make recommendations to the city commission on policy and procedural matters in the field of public recreation. Subject to the approval of the city manager, the board shall make recommendations on the following subjects: A. Equipment, operation and supervision of playgrounds, athletic fields, swimming pools and indoor recreation facilities, on or in any public 2.36.060-2.36.100 grounds or buildings, either within or without the city, which the city commission may from time to time provide, acquire, authorize, offer, designate or set apart for such use; B. The organization and conduct of play and recreation activities on the grounds and in the build. ings under the control of the school district or Gallatin County, upon approval of the respective entity; C. The use of any grounds, places, buildings or facilities which may be offered, either temporarily or permanently, by individuals or corporations for playground or recreational purposes; D. On parkland or cash-in-lieu proposals by developers through the planning process; and E. Other recommendations as requested. (Ord. 1] 75 ~ ] (part), 1985) 2.36.090 Board-Donations. When approved by the city commission, the board may, on behalf of the city, receive donations, legacies or bequests for the improvement or maintenance of playgrounds, recreation centers or other recreational facilities; and all moneys that may be derived from such donations, legacies or bequests shall be deposited with the director of finance of the city to the credit of the recreation trust fund; and the same may be drawn therefrom and paid out upon approval of the city commission in the same manner as provided in payment of moneys legally appropriated for the acquisition, support and improvement for playgrounds, recreation centers and other recreation places; and the moneys so derived from such donations, legacies or bequests shall be used solely for such playground or recreation uses. (Ord. 1175 ~ 1 (part), 1985) 2.36.100 Division duties. The division of recreation shall have authority to organize and conduct leisure time activities for individuals of aU ages in a constructive and whole some manner. (Ord. 1] 75 ~ I (part), 1985) 16a (Bozeman !!.{)!) 2.36.110--2.56.0 I 0 2.36.110 Recreation fees. Fees charged by the division for activities and use of recreation property shall be deposited with the director of finance. (Ord. 1175 ~ 1 (part), 1985) Chapter 2.40 DEPARTMENT OF PUBLIC SAFETY Sections: 2.40.010 Powers and duties of city manager. Police force-Organization- Enforcement authority. Fire force-Organization-Fire chief authority. Application of other laws to police and fire departments. Enforcement personnel for building, electrical and plumb- ing codes. 2.40.020 2.04.030 2.04.040 2.04.050 2.40.010 Powers and dnties of city manager. The city manager shall, unless otherwise ordered by the commission, be the head of the department of public safety and the director thereof, and shall be the executive head of the division of police and fire. He shall also be the chief administrative authority in all matters affecting the inspection and regulation of, the erection, maintenance, repair and occupancy of buildings, including the inspection of plumbing and electrical wiring in buildings, and shall have charge of the enforcement of all ordinances of the city regulating such matters, and shall see that the laws of the state in respect thereto are enforced within the city. He shall also be charged with the enforcement of all laws and ordinances relating to weights and measures. (Prior code ~ 2.08.270) (Bozeman 1l.0 I) e e 16b e e e e 2.40.020 2.40.020 Police force-Organization- Enforcement authority. A. The police force of the city shall be composed of a chief of police and such other officers, patrolmen and other employees as the city manager may determine. The chief of police shall have control of stationing and transferring the police force, under such rules and regu- lations as the city manager may prescribe. Before entering upon the duties of his office, the chief of police shall take and subscribe to the oath of office, and shall give an official bond in the sum of one thousand dollars, with sufficient surety to be approved by the com~ mission, and said oath and bond shall be filed with the clerk thereof. All other officers, patrol- men and employees constituting the police force shall take and subscribe to the oath of office which shall be duly filed and shall give bond to the city, if required by the city manager, and in an amount to be fixed by him. The chief of police, and all of the officers, patrolmen and employees constituting the police force, shall receive such salary or compensation as may be fixed by the city manager. The chief of police, patrolmen and all officers constituting the police force shall hold their office at the will of the city manager. B. Pursuant to MCA ~ 7-324301, 1981, the members of the police department of the city are authorized to make arrests of persons charged with crime within the city limits of 16-1 (Bozeman 3-87) e e e . . . the city and within five miles thereof. (Prior code ~ 2.08.280) 2.40.030 Fire force-Organization-Fire chief authority. A. The fire force of the city shall be com- posed of a fire chief and such other officers, firemen and employees as the city manager may determine. The fire chief shall have control of the stationing and transferring of all firemen and other employees and officers constituting the fire force, under such rules and regulations as the city manager may prescribe. Before en- tering upon the duties of his office, the fire chief shall take and subscribe to the oath of office, and shall give an official bond in the sum of one thousand dollars, with sufficient surety to be approved by the commission, which shall be filed with the clerk thereof. B. All other officers, paid firemen and em- ployees constituting the fire force shall take and subscribe to the oath of office, which shall be duly filed, and shall give bond to the city if required by the city manager, in an amount to be fixed by him. The fire chief and all of the officers, firemen and employees constituting the fire force shall receive such salary or com- pensation as may be fixed by the city manager. The fire chief, firemen and employees consti~ tuting the fire force shall hold their office at the will of the city manager. (Prior code ~ 2.08.290) 2.40.040 Application of other laws to police and fire departments. The provisions of all of the laws of the state and of the ordinances of the city relating to police and fire departments shall be in force and shall govern the police and fire departments of the city, insofar as they are not inconsistent with Chapter 152 of the Acts of the Fifteenth Legislative Assembly of the state, and the pro. visions ofthis title. (Prior code ~ 2.08.310) 2.40.030-2.44.010 2.40.050 Enforcement personnel for building, electrical and plumbing codes. The city manager shall have the power and authority to employ such assistants as he may require in order to effectually enforce the provisions of the building, wiring and plumbing codes of the city. Such assistants as he may employ for such purposes shall receive such compensation as the city manager may deter- mine, and shall be employed for such length of time and on such a basis as he shall determine necessary or advisable. (Prior code ~ 2.08.300) Chapter 2.44 DEPARTMENT OF PUBLIC SERVICE Sections: 2.44.010 Director designated-Powers and duties. Sewer connection requirements- Director powers and duties. Engineer and other department personnel. 2.44.020 2.44.030 2.44.010 Director designated-Powers and duties. The person holding the office of city manager shall, unless otherwise ordered by the com. mission, be the head of the department of public service and the director thereof, and shall discharge all of the duties prescribed by law for that officer, and as such shall manage and have charge of the constmction, improve~ ment, repair and maintenance of streets, side- walks, alleys, lanes, bridges, viaducts and other public highways, and of all sewers and sewerage disposal plants, drains, ditches, culverts, canals, streams and watercourses. He shall manage and have charge of the waterworks system owned by the city, and all buildings owned by the city, and improveme'nts thereon, and shall have charge of the enforcement of all obligations of privately owned or operated public utilties 17 2.44.020-2.48.010 enforceable by the city. He shall have charge and supervision of the making and preservation of all surveys, maps, plans, drawings and esti- mates for public work; and charge of the clean- ing, sprinkling and lighting of streets and public places; and of the collection and disposal of waste; and charge and supervision of the preser- vation of contracts, papers, plans, tools and appliances belonging to the city and pertaining to the department of public service. (Prior code ~ 2.08.150) 2.44.020 Sewer connection requirements- Director powers and duties. The manager as such, or as director of public service, shall have authority to compel the mak~ ing of sewer connections whenever, in view of a contemplated street improvement which has been ordered by the commission, or as a sanitary regulation, a sewer connection should in his judgment be constructed. He shall cause written notice requiring such construction to be given to the owner of each lot or parcel of land for which such connection is to be made. Such no- tice shall be served by the manager or some per. son designated by him in the manner provided for the service of summons in civil actions. Non- residents of the city, or persons who cannot be found, may be served by one publication of such notice in a daily newspaper of general circula. tion in the city. It shall state the time within which such connections shall be constructed, and if they are not constructed within the time specified, they may be constructed by the city and the cost thereof, together with a penalty of five percent, assessed against the lots and lands for which such connections are made. Such assessments shall be certified and collected as other assessments for street im- provements. (Prior code ~ 2.08.160) 2.44.030 Engineer and other department personnel. In the department of public service there may be an engineer, and there shall be such officers and employees as the city manager may determine, all of whom shall work under the direction and supervision of the city manager or director of public service. Before entering upon the duties of his office, the engineer shall take and subscribe to the oath of office and shall give an official bond in the sum of at least one thousand dollars, with sufficient surety to be approved by the commission, and such oath and bond shall be filed with the clerk thereof; and all other officers and employees in the department of public service shall give a bond to the city if required by the city manager, in an amount to be fixed by him. The engineer and all of the officers and employees in the department of public service shall receive such salary or compensation as may be fixed by the city manager and shall hold office or be em. ployed at the will of the city manager. (Prior code ~ 2.08.170) . Chapter 2.48 DEPARTMENT OF PUBLIC WELFARE .' . -- Sections: 2.48.010 Director designated-Powers and duties. Employment of personnel. Public band concerts and band concert fund. 2.48.020 2.48.030 2.48.010 Director designated-Powers and duties. The person holding the office of city manager shall, unless otherwise ordered by the com- mission, be the head of the department of public welfare and the director thereof, and shall discharge all of the duties prescribed by law for that officer, and as such shall manage all chari- table, correctional and reformatory institutions and agencies belonging to the city and the use of all recreational facilities of the city, including libraries, parks and playgrounds. He shall have charge of the inspection and supervision of public amusements and entertainments. He shall . 18 e e e enforce all laws, ordinances and regulations relative to the preservation and promotion of public health, the prevention and restriction of disease, the preven- tion, abatement and suppression of nuisances, and the sanitary inspection and supervision of the production, transportation, storage arid sale of foodstuffs. He shall cause a complete and accurate system of vital statistics to be kept. In time of epidemic or threatened epidemic, he may enforce such quarantine regulations as are appropriate to the emergency. (Prior code ~ 2.08.180) 2.48.020 Employment of personnel. The city manager, as head of the department of public welfare, shall have power to employ such assistants, laborers and employees as may be neces~ sary in that department in order to carry out and do the work of the department, in all cases where no provision has otherwise been made therefor. (Prior code S 2.08.050) 2.48.030 Public band concerts and band concert fund. The matter of providing for public band concerts in the city, and of the expenditures of the band concert fund, shall be under the department of public welfare, and under the direct charge and supervision of the city manager. (Prior code ~ 2.08.260) Chapter 2.56 LIBRARY BOARD OF TRUSTEES Sections: 2.56.010 Appointment-Composition and organization-Powers and duties. 2.56.010 Appointment-Composition and organization-Powers and duties. A. The board of trustees of the public library of the city shall be under the department of public welfare. The board shall be composed of five per- sons, and shall be appointed by the mayor with the advice and consent of the commission, and shall 2.48.020-2.64.010 serve without pay. The trustees shall hold their office for the term of five years, and one trustee shall be appointed annually at the beginning of each fiscal year for the term of five years, and until hislher successor is appointed and qualifies. Trustees shall serve no more than two full terms in succession. The powers and duties of the board shall be those prescribed by the laws ofthe state and the ordinances ofthe city. B. The trustees of the library board shall perfect their own organization, and select such officers for such board as they may deem advisable. The chair~ man and vice-chairman of the board shall be one of their number. They shall have power to select librarians and other employees as they may deter- mine and fix the amount of any bond which they may require to be given by the librarian and other employees. They shall have power to receive books from all sources for the use and benefit of the library and to purchase books therefor with any money available for that purpose, and power to prescribe all rules and regulations for the use of books and the preservation of the same. The board shall keep a record of its transactions, and shall make a report to the city commission at the close of each calendar year, covering the business transacted by it during the year. (Ord. 1163, 1984: Ord. 1094 S 1, 1982: prior code S 2.08.200) Chapter 2.64 CITY-COUNTY PLANNING BOARD Sections: 2.64.010 2.64.020 2.64.030 Established-Powers and duties. State law adopted by reference. Additional member appointed by city. 2.64.010 Established-Powers and duties. Pursuant to and under the provisions of Title 76 of the Montana Code Annotated, the city commission of the city of Bozeman does create and establish ajoint city-county planning board as provided in said title, 19 (Bozeman 11-01) 2.64.020----2.66_030 and does by this chapter adopt all of the sections of the laws of Montana aforementioned that specifically pertain to a joint city-county planning board, granting and delegating to the city-county planning board all of the rights, privileges, powers, duties and responsibilities thereto appertaining. (Ord. 1291 S I, 1989: prior code S 2.20.010) 2.64.020 State law adopted by reference. The city commission does adopt by this reference the language of the laws of Montana aforementioned as they specifically pertain to a joint city-county planning board, in this chapter the same as if they were set out herein in full. (Ord. 1291 S 2, 1989: prior code S 2.20.020) 2.64.030 Additional member appointed by city. In addition to the membership specified in Section 76-1-201 Montana Code Annotated, pursuant to the interloca1 agreement between the city of Bozeman and Gallatin County dated September 11, 1989, on file and of record both in the offices of the clerk of the city commission and the Gallatin County clerk and recorder, so long as the city-county planning board is designated to act as the city of Bozeman's zoning commission, the city shall appoint one additional member to the city-county planning board who must reside within the city limits of Bozeman, Montana. (Ord. 1291 S 3, 1989) Chapter 2.66 CITY PLANNING BOARD Sections: 2.66.010 Established-Powers and duties duties. Jurisdiction. Composition. 2.66.020 2.66.030 2.66.010 Established-Powers and duties. Pursuant to and under the provisions of Title 76, Montana Code Annotated, the city commission of the (Bozeman 11-01) city does create and establish a city planning board to be known as the "Bozeman planning board" as provided in said title, and does by this chapter adopt all of the sections of the laws of Montana aforementioned that specifically pertain to a city planning board, granting and delegating to the city planning board all of the rights, privileges, powers, duties and responsibilities thereto appertaining. (Ord. 1508 S 1 (part), 1999: Ord. 1494 S 1 (part), 1999) e 2.66.020 Jurisdiction. The Bozeman planning board shall have such jurisdiction as provided by state law. (Ord. 1508 S 1 (part), 1999: Ord. 1494 S 1 (part), 1999) 2.66.030 Composition. The Bozeman planning board shall consist of nine members, appointed to two year terms, as follows: A. One member appointed by the city commission from its own membership. The term of the appointed member shall be coextensive with the term of office to which he or she has been elected or appointed unless the commission, on its first regular meeting of each year, appoints another to serve as its representative or unless the appointee's commission term is terminated; B. Three members appointed by the city commission, one of whom, at the commission's discretion, may be an employee of the city of Bozeman or hold public office in Bozeman or Gallatin County. Initial terms of these members shall be for one year, thereafter the appointments shall be for two year terms; C. One member appointed by the mayor, upon designation by the Gallatin County board of commissioners, who may be a member of the board of county commissioners or an office holder or employee of the county. This appointment shall be coterminous with the term of the mayor; D. Four citizen members appointed by the mayor, who shall be resident freeholders within the city limits, and who shall be qualified by knowledge and experience in matters pertaining to the development of the city. These appointments shall be coterminous with the term of the mayor. e e 20 e e e The clerk of the city commission shall certify the members appointed by the city commission. The certificates shall be sent to and become a part of the records ofthe Bozeman planning board. The mayor shall make similar certification for the appointment of citizen members. (Ora. 1508 ~ 1 (part), 1999: Ord. 1494 ~ 1 (part), 1999) Chapter 2.72 CITY EMPLOYEES Sections: 2.72.010 Residency restrictions for city employees. 2.72.010 Residency restrictions for city employees. A. All employees of the city are required to maintain their residency within the city limits, or within a twenty minute response time to their place of employment. B. All employees desiring to live outside of the city limits shall: 1. Obtain written permission from his or her respective department head and the city manager; 2. Provide a personal one-patty-line telephone connection to his or her place of residency. C. In establishing and verifying the twenty min- ute response time, the city manager shall have full discretion. (Ord. 1108 ~ 1- 3, 1982) Sections: 2.76.010 2.76.020 2.76.030 2.76.040 2.76.050 2.76.060 2.76.070 2.76.080 2.76.090 2.76.100 2.76.110 2.76.120 2.76.130 2.76.140 20-1 2.72.010 Chapter 2.76 CEMETERY Authority. Cemetery land. Cemetery board-Composition -Organization-Power and duties. Management-Enforcement authority. Sale of lots. Transfer of lots. Record of lots sold. Special cemetery sections. Interment permit required. Disinterment. County burial. Expenditures-Payment of claims. Perpetual care-Plan generally. Perpetual care-Fund established -Maintenance fee-Agree- ment and deposit conditions. (Bozeman 11-01) e e e e e e 2.76.150 Perpetual care-Form of agreement. Perpetual care-Fund record keeping and reports. Interment restrictions. Fences prohibited. Malicious mischief prohibited. Entering at night prohibited. Speed limit and other motor vehicle restrictions. Dogs prohibited. Penalties for violations. 2.76.160 2.76.170 2.76.180 2.76.190 2.76.200 2.76.210 2.76.220 2.76.230 2.76.010 Authority. A. Pursuant to the provisions of Section 7-35- 4101, M.C.A., the city has established a municipal cemetery known as the "Sunset Hills Cemetery." B. It is unlawful for any person, association or corporation to bury or inter. or cause to be buried or intered. the dead body of any person in any place in the city. or to maintain a cemetery within the limits of the city, or within three miles of the limits of the city, except as provided in this chapter. (Ord. 1200 (part). 1986) 2.76.020 Cemetery land. Sunset Hills Cemetery shall be comprised of all those lots, blocks and parcels of land heretofore conveyed to the city for cemetery purposes, as re- corded in the office of the clerk and recorder of the county. together with such land hereafter conveyed and recorded for that purpose. (Ord. 1200 (part). 1986) 2.76.030 Cemetery board-Composition- Organization-Power and duties. A. There is created a cemetery board consisting of five members to be appointed by the city com- mission for three year staggered tenns. Should a vacancy occur on the board the city commission shall appoint a new member to complete the term of appointment so vacated. A majority of the board members shall be residents of the city and shall serve without remuneration. Whenever practicable. 2.76.010-2.76.050 one of the members of the board shall be a repre- sentative of an active, recognized veterans group. B. The cemetery board. as herein created, shall serve as an advisory board to both the city commis. sion and the director of public service and, as such. shall be charged with making such investigations and recommendations as requested or deemed neces- sary for the operation of the cemetery and as re- quired in this chapter. C. The members of the cemetery board shall perfect their own organization and select such offi- cers for the board as they deem advisable. They shall cause to be kept correct minutes of all pro- ceedings of the board and the same shall be avail- able for public review in the office of the clerk of the commission. (Ord. 1462 ~ 1, 1998: Ord. 1200 (part), 1986) 2.76.040 Management-Enforcement authority. The management. maintenance and control of the Sunset Hills Cemetery shall be under the direct control and supervision of the city manager or his designee the director of public service (works). It shall be his duty to enforce all rules, regulations and ordinances promulgated by the cemetery board and adopted by the city commission for the administra- tion of the cemetery. (Ord. 1200 (part), 1986) 2.76.050 Sale of lots. A. All ground within the Sunset Hills Cemetery, as now created or hereinafter added to, as platted or as hereinafter platted. shall be sold for burial pur- poses only. and such sale shall be made subject to the rules and regulations promulgated by the ceme- tery board and adopted by the city commission. The director of finance. or his designee, shall sell lots at the prices fixed by the city commission, giving to the purchaser a deed receipt therefor, showing the amount paid and a description of the 10t/s sold. Said deed fonn and sale price of the lots shall be as recommended by the cemetery board and approved in resolution fonn by the city commission. The purchase price for the lot or lots and the mainte- nance fee for same. as required in Section 2.76.130 21 (Bozeman 4-98) 2.76.050 of this chapter, are due and payable before a deed receipt can be issued. B. The purchaser may enter into a sale/purchase agreement with the city for a cemetery lot or lots with the following stipulations: 1. The total purchase price shall be the same as in subsection A above. 2. A downpayment in the amount of one-third shall be paid at the time of the execution of the agreement. 3. The balance of the total purchase price shall be paid on or before one year from date of execu- tion of the agreement. An administrative charge of one dollar per month shall be assessed, regardless of the amount due, until the full purchase price has been paid. 4. Upon final payment, as per the agreement, a deed receipt shall be issued by the director of fi- nance in the same manner as provided for in sub~ section A above. but in no case shall the lot or lots be used for purposes of intennent until the full purchase price has been paid. 5. In the event that the purchaser fails to pay the balance within one year from date of execution of the agreement. the purchaser shall lose the downpayment and forfeit all rights, title and interest in and to said lot or lots and the same shall revert to the city. 6. The above agreement may be revoked by the purchaser for good cause, Le..leaving the state, etc., upon notification to the director (Bozeman 4-98) e e 22 e e e e of finance of same. The downpayment shall be refunded less the administrative charge as listed in subdivision 3 above. The sale/purchase agreement shall be promulga- ted by the director of fmance and approved by the city attorney. (Ord 1200'(part), 1986) 2.76.060 Transfer oflots. No lot or lots sold by the director of finance shall be sold or transferred by the purchaser to any person whomsoever except as follows: A. Such lot or lots may be transferred to other members of the family upon receipt by the director of finance of a notarized letter from the owner requesting such transfer and stating the reason therefor. Nothing herein shall prevent the interment of nonfamily members at the request of the owner of the lot or lots. B. Such lot or lots may be reconveyed to the city. The purchaser shall receive therefore the price paid for the lot or lots in the first instance less an administrative charge as recommended by the cemetery board and approved by the city commission. Such reconveyance to the city shall be by quitclaim deed. C. The owner of such lot or lots may trade same for another lot or lots of equal size. If the current price of the deed and the maintenance fee (previously called permanent care) is greater for the new lot or lots than that paid for the original lot or lots, the owner shall pay the difference before the trade shall be completed. In addition, if no permanent care fee had been paid on the original lot or lots, the current maintenance fee shall be paid before the trade shall be completed. (Ord. 1200 (part), 1986) 2.76.070 Record of lots sold. The director of finance, or designee, shall keep a record of all lots sold and the deed receipt therefor; the deed receipt shall be duly recorded in a book kept for that purpose. In addition, a record of such sales shall also be made in the cemetery plat book. (Ord. 1200 (part), 1986) 2.76.060--2.76.100 2.76.080 Special cemetery sections. Certain sections of the Sunset Hills Cemetery have been set aside and are known as the Veteran's Section, the Catholic Section, the !.O.O.F. Section and the Masonic Section. The sale of such lots shall be in the same manner as provided in Section 2.76.050. Operation, care and maintenance of these sections shall be the same as provided in all other parts of the cemetery. (Ord. 1491 ~ I (part), 1999: Ord. 1490 ~ 1 (part), 1999) 2.76.090 Interment permit required. No person, firm, association or corporation shall inter or assist in and about the interment of the final placing of the body of any human being within the cemetery unless an interment permit has first been applied for, and been granted, authorizing such interment. Said interment permit shall be issued by the director of fmance, and shall not be so issued until the fee (as set forth by resolution of the city commission) therefor has been paid. The interment permit shall only be issued subject to a permit therefor obtained from the county sanitarian's office and under such rules and regulations as shall be prescribed by the Bureau of Records and Statistics of the State Department of Health and Environmental Sciences. The city shall prepare all grave sites for interment. The foregoing shall not preclude the director of fmance from billing local mortuaries on a monthly basis for such fees. (Ord. 1200 (part), 1986) 2.76.100 Disinterment. No person, firm, association or corporation shall disinter, move or remove any body from the cemetery without first obtaining a permit therefor from the director of finance. The disinterment permit shall only be issued subject to a permit therefor obtained from the county sanitarian's office and under such rules and regulations as shall be prescribed by the Bureau of Statistics of the State Department of Health and Environmental Sciences. lithe original interment took place more than one week prior to the request for disinterment, said request showing reasonable cause, shall be in writing 23 (Bozeman 11-01) 2.76.110---2.76.150 to the city manager, or his designee, and be accompanied with the appropriate fee. In addition, if the original intennent took place more than one week prior to the request for disinterment, and the coffin is to be opened, the county coroner or other disinterested official shall be on hand to witness the disintennent. (Ord. 1200 (part), 1986) 2.76.110 County burial. Lots in the Sunset Hills Cemetery shall be set aside and are so reserved for pauper dead. All burials therein shall be made subject to the order of the board of county commissioners of this county. In all cases of the burial of poor, the intennent fee shall be charted to, and collected from, the county. The interment fee shall be as agreed upon by the county commissioners and the city commission. Cadavers from the Montana State University Biology Department, Medical Science and W AMI Programs shall be interred in the same manner as county burials, the interment fee being charged to, and collected from, Montana State University. (Ord. 1200 (part), 1986) 2.76.120 Expenditures-Payment of claims. The city commission shall annually appropriate money for operation and maintenance of the cemetery, and the director of finance shall pay all approved claims that are within the appropriation. Claims for expenditures may be ordered and authorized by the director of public service or his designee. Upon the approval and allowance of said claims, so presented, the same shall be paid from the all-purpose general fund. (Ord. 1200 (part), 1986 ) 2.76.130 Perpetual care--Plan generally. The city shall provide for the perpetual care of cemetery lots in the cemetery under such rules and ' regulations promulgated by the cemetery board and approved by the city commission. (Ord. 1200 (part), 1986) (Bozeman 11.0 I) 2.76.140 Perpetual care--Fund established- Maintenance fee--Agreement and deposit conditions. A. The permanent care fund heretofore established is reestablished as the cemetery perpetual care trust fund and is herein referred to as the CPC. All moneys deposited in, or credited to, the CPC shall be held in trust by the city and the same shall be kept by the director of finance in a separate fund apart from all other funds of the city. B. For the purpose of providing funds for care and maintenance of the cemetery, both now and in the future, there is established a maintenance fee a percentage of which, as adopted by resolution of the city commission, shall be deposited into the CPC trust fund. At the time of purchase of the lot or lots the purchaser shall deposit the maintenance fee as herein established and at the same time enter into an agreement with the city for perpetual care of the lot or lots, which agreement shall be known as the "perpetual care agreement." C. The CPC trust fund shall be invested and re- invested by the director of finance. The city commission may from time to time direct the investment of such funds. The interest thereon, or earnings therefrom, shall be credited to the all- purpose general fund for the sole purpose of defraying the cost of operating and maintaining the cemetery. (Ord. 1200 (part), 1986) e e 2.76.150 Perpetual care--Fonn of agreement. The form of the perpetual care agreement shall be as determined by the director of finance and approved 'by the city attorney. (Ord. 1200 (part), 1986) 24 e e e e 2.76.160 Perpetual care-Fund record keeping and reports. A. The director of finance shall prepare and keep a record of the perpetual care fund, which record shall show: 1. The name of the person in whose name, or for whom the deposit is made, and the amount thereof; 2. The character and amount of the securities in which the perpetual care fund is invested; 3. Income from perpetual care fund investments. B. An unaudited report shall be made by the director of finance in the month of August immedi- ately following the close of the fiscal year, to the city commission, or at such times as the cemetery board or the city commission may request. (Ord. 1200 (part), 1986) 2.76.170 Terms of interment. A. Funerals may be conducted on Saturdays, Sundays and holidays only when it is impossible or impractical to conduct the funeral at another time. However, an additional opening and closing fee shall be charged as established by city commission resolution. B. Generally there shall be one interment per standard size (five foot by ten foot) lot. If requested in advance, not more than two coffins may be in- terred in the standard size lot. If requested in ad- vance, and only if the coffin is interred first, a stan- dard size lot may be used to inter one additional infant or up to four ashes canisters. In all cases where more than one interment is to take place on a standard size lot, an additional fee shall be charged as established by city commission resolution. (Ord. 1200 (part), 1986) 2.76.180 Fences prohibited. No lot or lots in the cemetery shall be marked or defined by any fence, coping, railing, hedge, comer posts or embankment, nor shall any lot be filled above the established surrounding grade. (Ord. 1200 (part), 1986) 2.76.160-2.76.230 2.76.190 Malicious mischief prohibited. It is unlawful for any person to cut, injure or remove any tree, shrub or vegetation in the cemetery (except authorized maintenance), or deface any tombstone or ornament in the cemetery, or any building in or fence surrounding the cemetery. (Ord. 1200 (part), 1986) 2.76.200 Entering at night prohibited. It is unlawful for any person, without written permission of the director of public service, to enter the Sunset Hills Cemetery at any time from one-half hour after sunset to one-half hour before sunrise. (Ord. 1200 (part) 1986) 2.76.210 Speed limit and other motor vehicle restrictions. It is unlawful for any person to drive a motor vehicle, or any other vehicle, on any of the roadways in the cemetery at other than fifteen miles per hour so as not to damage to roadways or any of the lots, and in accordance with the rules and regulations of the cemetery board. Such driver shall observe and be confined to the roadways as established. (Ord. 1200 (part), 1986) 2.76.220 Dogs prohibited. It is unlawful for any person to release, cause, permit or bring a dog into the Sunset Hills Cemetery, unless prior approval is obtained from the cemetery superintendent or designee and the dog is part of a funeral procession or was owned by the deceased or the immediate family of the deceased. The cemetery superintendent or designee may impose reasonable conditions upon his or her approval. (Ord. 1432 ~ 1, 1996) 2.76.230 Penalties for violations. A. It is a misdemeanor for any person to violate any of the provisions of this chapter. B. Every person convicted of a misdemeanor for a violation of any of the provisions of this chapter shall be punished by a fine of not less than five dollars or more than five hundred dollars with the following exceptions: 25 (Bozeman 11.01) 2.80.010-2.80.050 1. The minimum fine for violation of Sections 2.76.190,2.76.210 and 2.76.220 shall be one hundred dollars; 2. Violations of Section 2.76.190 shall be pun- ishable by a fine not excee,ding five hundred dollars, or by imprisonment not exceeding six months, or both. C. Upon conviction, the court costs shall be assessed against the violator. (Ord. 1432 ~ 2, 1996) Chapter 2.80 HISTORIC PRESERVATION ADVISORY BOARD Sections: 2.80.010 2.80.020 2.80.030 2.80.040 2.80.050 2.80.060 2.80.070 2.80.080 2.80.090 Purpose and intent. Object. Scope. Definitions. Establishment and quorum. Appointment and term vacancy. Staff. Meetings-Notice of meetings. Powers and duties. 2.80.010 Purpose and intent. The purpose and intent of this chapter is to provide for an appointed citizen board for the city charged with establishing a local historic preservation program, integrating historic preservation into local, state and federal planning and decision-making processes, identifying, evaluating and protecting historic resources within Bozeman, and educating the general public about historic preservation. (Ord. 1454 ~ 1, 1998: Ord. 1180 ~ 1, 1985) 2.80.020 Object. This chapter is designed as a measure to establish a local historic preservation program designed to promote the preservation of historic and prehistoric sites, structures, objects, buildings and historic dis- tricts by addressing historic preservation issues atthe local level and integrating them into local, state and (Bozemaa 11-01) 26 federal planning and decision-making processes. The historic preservation program will include the identification, evaluation and protection of historic resources within the city. (Ord. 1180 ~ 2, 1985) e 2.80.030 Scope. The historic preservation advisory board shall serve in an advisory capacity to the city commission, city-county planning board, zoning commission and other staff members or boards seeking advice on historic preservation issues. (Ord. 1454 ~ 2, 1998: Ord. 1180 ~ 3, 1985) 2.80.040 Definitions. A. "City commission" means the governing body of the city of Bozeman, state of Montana. B. "Historic preservation advisory board" means the board created by this chapter and appointed by the local government of the city which is responsible for creating and adm inistering a historic preservation program. C. "Historic preservation officer" hereinafter called "preservation officer" means the official appointed by the local government who is charged with the responsibility of acting as staff to the his- toric preservation advisory board. (Ord. 1454 ~ 3, 1998: Ord. 1180 ~ 4, 1985) e 2.80.050 Establishment and quorum. In order to carry out the purpose of this chapter, an historic preservation advisory board is created. All historic preservation advisory board members shall have a demonstrated interest, competence or knowledge in historic preservation. Information on the credentials of the historic preservation advisory board members must be kept on file in the office of the clerk of the city commission and available during regular office hours for inspection by the public. This historic preservation advisory board shall consist of up to fifteen members, as follows: A. At least three but not more than four members with professional expertise in the disciplines of history, planning, archaeology, architecture, architec- tural history, historic archaeology, or other historic e e e e preservation-related disciplines such as cultural geography or cultural anthropology, provided, how~ ever that at least one member shall be an architect holding Montana or NCARB registration. Retired professionals shall be given consideration equal to that of practicing professionals. Residency within the city shall not be a prerequisite for membership as a professional representative. B. At least two but not more than four members shall be chosen from the finalized list of National Historic Register historic districts in Bozeman, on fIle at the city-county planning office. As new mem- bers are chosen to replace those whose terms have expired, an effort should be made to ensure ade- quate distribution of representation among the dis- tricts. A member may be chosen from a locally designated historic district if strong interest exists among residents of a particular district. C. One representative for the commercial neigh- borl1ood. This representative shall operate a business or own property in the neighborhood described as Main Street - the commercial area of downtown Bozeman. D. At least four, but no more than six members shall be at-large representatives. Residency within the city shall not be a prerequisite for membership as an at-large representative. E. Quorum. A quorum shall be comprised of a minimum of fifty percent of the members, of which at least two shall be professional members. (Ord. 1454 ~ 4, 1998: Ord. 1296 ~ 1, 1989: Ord. 1252 ~ 1, 1987: Ord. 1180 ~ 5, 1985) 2.80.060 Appointment and term vacancy. A. All appointments to the historic preservation advisory board shall be made in accordance with the procedures adopted by the city commission for appointments to all advisory commissions and boards. B. Terms of office for the historic preservation advisory board members shall be staggered and two years in duration. C. Vacancies on the board should be ftiled by appointment in accordance with the procedures adopted by the city commission for appointments to 2.80.060-2.80.080 all advisory commissions and boards. (Ord. 1454 ~ 5, 1998: Ord. 1252 ~ 2, 1987: Ord. 1180 ~ 6, 1985) 2.80.070 Staff. A. The preservation officer for Bozeman shall act as staff to the historic preservation advisory board. (S)he will be appointed by the historic pres- ervation advisory board with the concurrence of the city commission. In addition, (s)he may be em. ployed by the appropriate city department. B. The preservation officer must have a demon- strated interest, competence or knowledge in historic preservation. C. Duties of the preservation officer include coordinating the local historic preservation pro~ grams, helping in the development of local surveys, projects and historic preservation planning docu- ments, advising and providing assistance to the local historic preservation advisory board, government agencies and the public, and ensuring to the extent practicable, that the duties and responsibilities dele- gated by this chapter are canied out. (Ord. 1454 ~ 6, 1998: Ord. 1180 ~ 7, 1985) 2.80.080 Meetings-Notice of meetings. A. The historic preservation advisory board shall conduct a minimum of one regularly scheduled meeting each month, except that the chaitperson may cancel any meeting or schedule special meet- ings when such meetings are necessary to carry out the provisions of this chapter. Regularly scheduled meetings shall be held at such place, day and hour as may from time to time be fixed by the board. Written notice of special meetings shall be personal- ly served on each member or left at the member's usual place of residence at least twenty-four hours before the time set for the meeting. B. Requirements for public notice of meetings of the historic preservation advisory board shall be determined by the chairperson in consultation with the Bozeman city attorney. All meetings shall be open to the public in accordance with the Montana State Open Meeting Law. Notice of the meetings should be calculated to reach all interested and affected members of the community. 27 (Bozeman 4-98) 2.80.090---2.84.010 C. The historic presetvation advisory board shall establish its own bylaws confonning to the guide- lines set forth in the "Certified Local Government Program in Montana" and make all written or taped minutes, reports and case decisions available to the public. (Ord. 1454 ~ 7, 1998: Ord. 1180 ~ 8, 1985) 2.80.090 Powers and duties. The historic presetvation advisory board shall have the powers and duties to: A. Maintain a system for the survey and invento- ry of historic and prehistoric properties. The historic presetvation advisory board shall maintain this in~ ventory of identified districts, sites and/or structures within the city and make this infonnation available to the public; B. Use the National Register of Historic Places criteria for designation of properties as a historic district or site and shall apply these criteria for local designation of historic and prehistoric properties; C. Participate in the process of nominating to the National Register of Historic Places according to the Montana State Regulations for Certified Local Gov- ernments, Section VI, (B). This includes reviewing and commenting on any national register nomina. tions on property within the city; D. Review and comment on plarming programs undertaken by the city, zoning commission, city- county planning board, and state and federal agen- cies which relate to historic resources such as land use, municipal improvements, housing and other public programs. This review and comment shall be scheduled within time lines in place for whatever action being taken; E. Consult with city, state and federal agencies on all applications, environmental assessments, environmental impact statements and other similar documents pertaining to historic districts, landmark sites, landmarks or neighboring properties within the city. Comments by the historic presetvation advisory board shall be sent to the State Historic Preservation Office; F. Review the local zoning regulations for their applicability to the characteristics of the proposed historic districts, and make recommendations to the (Bozeman 4-98) 28 appropriate advisory body or decision-making body concerning any changes or modifications to the zoning regulations and zoning district boundaries; G. Make recommendations to the board of ad- justment or city commission regarding variance applications within any historic overlay zone; H. Render advice and guidance upon request of the property owner as to the restoration, alteration, decoration, landscaping or maintenance of potential. ly historic buildings or structures. The historic pres- etvation advisory board may create volWltary design guidelines which will be made available to the pub- lic for assistance in presetvation projects; I. Participate in, promote and conduct public infonnation, educational and interpretive programs pertaining to historic presetvation; J. Review and process applications for tax abatement pursuant to the provisions of Chapter 424 of the Laws of 1989 of the State of Montana as codified by Sections 15-24.1601 et seq., Montana Code Annotated. (Ord. 1454 ~ 8, 1998: Ord. 1296 ~ 2, 1989: Ord. 1180 ~ 9, 1985) Chapter 2.84 BOZEMAN BEAUTIFlCA TION ADVISORY BOARD Sections: 2.84.010 2.84.020 2.84.030 2.84.050 Creation. Membership-Meetings. Duties and responsibilities. Board-Authority. 2.84.010 Creation. The city commission shall appoint a Bozeman beautification advisory board, hereinafter referred to as "board," and designate the board to act as the advisory board to the city commission on matters relating to beautification projects in the Bozeman area. (Ord. 1360 ~ I (part), 1993) e e e e e e 2.84.020 Membership-Meetings. A. The board shall consist of up to nine mem- bers to be appointed by the city commission. Mem. bers of this board shall serve three-year staggered tenns. Each member may be reappointed without any limitation on the number of reappointments. Vacancies shall be filled in the same manner as original appointments for the balance of the tenn remaining. In addition to the appointed membership, the city historic preservation officer shall serve as an ex--officio, nonvoting member. B. Persons of legal age may be appointed to the board. A majority of the board shall be residents of the city. Nonresident members of the board shall have some interest in the city by virtue of working 2.84.020 28-1 (Bozeman 4-98) e e e e e e in the city, owning property in the city, Qr entering the city frequently for any lawful purpose. C. The city shall pay only the expenses of the board which have been authorized by vote of the city commission prior to such expense being in- curred. Members shall serve without compensation for their time and services. D. Meetings of the board shall be conducted in accordance with all applicable rules and regulations of the city and the adopted bylaws of the ooard. (Ord. 1360 ~ 1 (part), 1993) 2.84.030 Duties and responsibilities. The board shall have the following duties and responsibilities: A. To identify, investigate and recommend community beautification projects and programs to the city commission, and to assist in their imple. mentation once approved; B. In coordination with the appropriate city staff persons, to investigate and pursue grants and other possible funding sources for beautification projects and forward recommendations to city staff and the city commission; and C. To advise the city commission concerning actions related to the beautification of city-owned properties and facilities. D. The board may have such other duties and responsibilities as the city commission, from time to time, may direct. (Ord. 1360 ~ I (part), 1993) 2.84.040 Board-Authority. The actions of the board shall be advisory only and shall not constitute policy of the city and shall not be binding upon the city commission or upon the city. The city may adopt all or any part of any recommendation of the board, with or without any changes made by the city commission, as city poli- cy. (Ord. 1360 ~ 1 (part), 1993) 2.84.030--2.88.020 Chapter 2.88 TAX INCREMENT FINANCING INDUSTRIAL DISTRICT BOARD Sections: 2.88.010 2.88.020 2.88.030 2.88.040 Purpose and intent. Definitions. Creation-Powers and duties. Members-Appointment and terms. Meetings-Election of officers. Annual reports. 2.88.050 2.88.060 2.88.010 Purpose and intent. The purpose and intent of this chapter is to pro- vide for an advisory board of citizens of Bozeman, Montana to assist in the attraction and retention of secondary, value-adding industries including ware- housing, distribution and transportation industries, and manufacturing that uses Montana timber, miner- al, oil, gas, coal and agricultural resources in the production of products in the state of Montana More specifically, this board of citizens will consult and advise the city commission regarding the Bozeman TIAD program. (Ord. 1337 ~ 1, 1991) 2.88.020 Definitions. The following words and phrases used in this chapter shall be detined as follows: A. "Actual taxable value" means the taxable value of taxable property at any time, as calculated from the assessment role last equalized. B. "Base taxable value" means the actual taxable value of all taxable property within an urban renew. al area or industrial district prior to the effective date of a tax increment financing provision. This value may be adjusted as provided in MCA ~ 7-15~ 4287 or 7-154293. C. "Incremental taxable value" means the amount, if any, by which the actual taxable value at any time exceeds the base taxable value of all prop- erty within a tax increment financing industrial district. 29 (Bozeman 9-93) 2.88.030-2.88.040 D. "Industrial district" or "tax increment financ- ing industrial district" or "TIFID" means a tax incre- ment financing industrial district created pursuant to Ordinance No. 1336, and MCA ~ 7.154299. E. "Industrial infrastructure development project" means a project undertaken within or for an industri- al district that consists of any or all of the activities authorized by MCA ~ 7.154288. P. "Tax increment" means the collections real. ized from extending the tax levies, expressed in mills, of all taxing bodies in which the industrial district or a part thereof is located against the incre- mental taxable value. G. "Tax increment provision" means a provision for the segregation and application of tax increments as authorized by MCA ~~ 7-154282 through 7.15. 4292. H. "Taxes" means all taxes levied by a taxing body against property on an ad valorem basis. (Ord. 1337 ~ 2, 1991) 2.88.030 Creation-Powers and duties. The Bozeman city commission creates the Bozeman tax increment financing industrial district (TIFID) board and authorizes the TIPID board to exercise any of the following industrial district powers: A. To undertake and carry out industrial infra~ structure development projects as approved the city commission; B. To disseminate industrial development infor- mation; C. To advise the commission on the improving, clearing or preparing for development or redevelop- ment any real or personal property in the industrial district; D. To effectuate industrial infrastructure development project plans; E. To assist in conducting appraisals, title searches, surveys, studies, and other preliminary plans and work necessary to prepare for the under- taking of industrial infrastructure development pro- jects; P. To assist in the negotiation for the acquisition of land; (Bozeman 9-93) G. To study the closing, vacating, planning or replanning of streets, roads, sidewalks, ways, rail. road spurs, sewer lines, sewer treatment facilities, waterlines, waterways, water treatment facilities, or other places and to make recommendations with respect thereto; H. To make recommendations concerning the allocation of tax increment financing industrial district funds as appropriated by the Bozeman City Commission and as provided for in MCA ~ 7-15- 4288; l. To petform such duties as the city commis. sion may direct so as to make the necessary arrange- ments for the exercise of the powers and petfor. mance of duties and responsibilities entrusted to the city commission. (Ord. 1337 ~ 3, 1991) 2.88.040 Members-Appointment and terms. A. All appointments to the TIFID board will be made by the city commission. B. The TIFID board shall consist of at least five and not more than seven members with the initial terms as follows: one member appointed at one year, one for two years, two for three years, and the remainder for four years. Each appointment thereaf- ter shall be for four years. C. Whenever possible, at least one board mem- ber will be selected from each of the following disciplines: real estate, economic development, commercial lending, and civil or environmental engineering. The remaining position(s) shall be at large. D. Each board member shall hold office until his or her successor has been appointed and has quali- fied. E. A board member shall receive no compensa- tion for his or her services, but shall be entitled to previously authorized expenses, including travelling expenses, incurred in the discharge of his or her duties. P. Any persons may be appointed as board members if they are residents of, property owners within, or gainfully employed by a business or firm located within the city. 30 e e e e e e G. A board member may be removed for ineffi- ciency, neglect of duty or misconduct in office. H. A majority of members must reside or own real property within the city. (Ord. 1339 ~ 1, 1991: Ord. 1337 ~ 4, 1991) 2.88.050 Meetings-Elections of officers. A. The TIFID board shall hold meetings as it deems necessary to execute its powers and duties as provided for in Section 2.88.030 and Chapter 3.20. B. The TIFID board shall adopt bylaws enabling it to elect officers, set officer terms and establish regular meeting times. (Ord. 1337 ~ 5,1991) 2.88.060 Annual reports. The TIFID board shall file with the city commis- sion, on or before March 31 st of each year, a report of its activities for the preceding calendar year. (Ord. 1337 ~ 6, 1991) Chapter 2.92 BOZEMAN TREE ADVISORY BOARD (BT AB) Sections: 2.92.010 2.92.020 2.92.030 2.92.040 2.92.050 2.92.060 Purpose. Definitions. Creation. Membership. Meetings. Annual reports. 2.92.010 Purpose. The purpose and intent of this chapter is to provide for an advisory board of citizens of Bozeman, Montana to assist or advise in the promotion of urban forestry; the education of the general public toward the value, benefits and necessity of urban trees; the promotion of and use of professionally recognized arboricultural practices; the recommendation of programs and policies dealing with planting, maintenance and removal of trees, shrubs and other plants and other tree~related matters; and the devel~ 30-1 2.88.050--2.92.030 opment and periodic review of the master street tree plan. (Ord. 1364 ~ 1 (part), 1993) 2.92.020 Definitions. For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular and words in the singular include the plural. The word "shall" is mandatory and not merely directory . "Public way" means all city property deeded or recorded as streets, roads, boulevards, alleys, side- walks and parking strips. "Public area" means Sunset Hills Cemetery, public ways, city parks and all other lands owned, leased, managed or occupied by the city. (Ord. 1364 ~ I (part), 1993) 2.92.030 Creation. The Bozeman city commlSSlOn creates the Bozeman tree advisory board, hereinafter referred to as "BT AB." BT AB shall act as an advisory board to the city commission. BTAB shall have the following duties and responsibilities: A. Give guidance and advice to the city in deter- mining the needs of the city's tree program; B. Conduct street tree inquests pursuant to Chapter 12.30; C. Consider and recommend for adoption to the city commission, an arboricultural specifications manual and revision as necessary; D. Assist in the selection of applicants for cost- share tree planting and tree transplanting from the city nursery for use in the public way only; E. Make recommendations as to the type and kind of trees to be planted upon the city streets and public areas; F. Assist in conducting appraisals, title searches, surveys, studies and other preliminary plans and work necessary to prepare for the establishment of the master street tree plan and recommend an urban forestry plan and the master street tree plan to the (Bozeman 11-01) 2.92.040-2.96.010 city commission for its acceptance; G. Study the closing, vacating, planning or re- planning of public ways, streets, roads, sidewalks, railroad spurs, sewer lines, and make recommenda- tions with respect to urban forestrY; H. periodically review master street tree plan and recommend changes to the city commission; I. Work with other appropriate boards to update the city of Bozeman street tree and park tree inven- tory; and J. Perform such duties and responsibilities as the city commission from time to time may direct. (Ord. 1364 ~ I (part), 1993) 2.92.040 Membership. A. BT AB shall consist of five voting members, to be appointed by the city commission. Members shall serve two years each, provided that the members initially appointed shall be appointed two for one year and three for two years so they will serve staggered terms. B. Whenever possible, two of the members shall be from the following disciplines: real estate, com- mercia1lending, civil or environmental engineering, or landscape architecture or construction. C. Each member shall hold office until the member's successor has been appointed and has qualified, except as provided in subsection F of this section. D. A member shall receive no compensation for the member's services but shall be entitled to previ- ously authorized expenses, including traveling ex. penses, incurred in the discharge of the member's duties. E. Members shall be residents of the city, own property within the city, or be gainfully employed within the city. F. A member will be removed for inefficiency, neglect of duty, misconduct in office or three unau- thorized absences from regularly scheduled board meetings. G. The city manager, or a designee, shall be an ex officio, nonvoting member of the board. The city manager or designee shall keep the board informed as to city policies and city budget affecting BT AB, (Bozeman 11-01) 30.2 and make available to them any information which the city manager or designee deems pertinent. (Ord. 1364 ~ 1 (part), 1993) e 2.92.050 Meetings. A. BT AB shall hold meetings as it deems neces. sary to execute its duties and responsibilities but not less often than quarterly. B. Meetings shall be conducted in accordance with all applicable rules and regulations of the city of Bozeman and the adopted and approved bylaws of BTAB. (Ord. 1364 ~ 1 (part), 1993) 2.92.060 Annual reports. BT AB shall file with the city commission, on or before March 31 st of each year, a report of its activ- ities for the preceding calendar year. (Ord. 1364 ~ 1 (part), 1993) Chapter 2.96 BOZEMAN SENIOR CITIZENS' ADVISORY BOARD e Sections: 2.96.010 2.96.020 2.96.030 2.96.040 Creation. Membership--Meetings. Duties and responsibilities. Bozeman Senior Citizens' Ad- visory Board-Authority. 2.96.010 Creation. The city commission of the city of Bozeman shall appoint a Bozeman senior citizens' advisory board and designate the Bozeman senior citizens' advisory board to act as the advisory board to the city commission on matters relating to senior citizen issues and on matters relating to the operation and management of the Bozeman Senior Citizen Center building and grounds located at 807 North Tracy Avenue, Bozeman, Montana. (Ord. 1521 ~ I (part), 2000) e e e e 2.96.020 Membership-Meetings. A. The Bozeman senior citizens' advisory board shall consist of five members, appointed by the city commission. Members shall not hold voting positions concurrently on the Bozeman senior citizens' advisory board arid on any of the following: the Bozeman senior center board of directors, or the board of any other agency housed within the Bozeman Senior Citizen Center. Unless prohibited by the bylaws, each member may be re-appointed without limitation on the number of re-appointments. Members of the Bozeman senior citizens' advisory board shall serve two-year staggered terms. Vacancies shall be filled in the same manner as original appointments for the balance of the term remaining. B. In addition to the voting members, one individual and one alternate from the Bozeman senior center board of directors may be appointed to serve as a liaison to the Bozeman senior citizens' advisory board. Additionally, one individual and one alternate may be appointed to serve as a liaison representing the interests of all other agencies which have as their place of business the Bozeman Senior Citizen Center. All liaisons will be advisory only and, therefore, will not be allowed to vote on the Bozeman senior citizens' advisory board. C. Upon request by any agency which has as its place of business the Bozeman Senior Citizen Center including, but not limited to, the Bozeman senior center board of directors, the Bozeman senior citizens' advisory board may appoint one individual to serve as an ex-officio, nonvoting member to the requesting agency. However, these individuals shall not be allowed to vote on any agency, board or similar entity while serving as a member of the Bozeman senior citizens' advisory board. D. A minimum of four members shall reside within the city limits of Bozeman. Nonresident members of the Bozeman senior citizens' advisory board shall have some interest in the city by virtue of working in the city, owning property in the city, or entering the city frequently for any lawful purpose. E. The city shall pay only the expenses of the Bozeman senior citizens' advisory board which have 2.96.020-2.96.030 been authorized by vote of the city commission prior to said expense being incurred. Members shall serve without compensation for their time and services. F. Meetings of the Bozeman senior citizens' advisory board shall be conducted in accordance with all applicable rules and regulations of the city and the adopted bylaws of the board. (Ord. 1521 S 1 (part), 2000) 2.96.030 Duties and responsibilities. The Bozeman senior citizens' advisory board shall have the following duties and responsibilities: A. Senior Citizen Issues. The Bozeman senior citizens' advisory board shall make recommendations concerning all pertinent issues regarding the health, welfare and quality of life for all senior citizens in the Bozeman area. In order to do this, the Bozeman senior citizens' advisory board must work closely with all other agencies located in Gallatin County whose primary concern is senior citizen issues. The Bozeman senior citizens' advisory board will make presentations to the commission, the city manager or his designee regarding these issues and their recommendations, if any, regarding these issues. B. Bozeman Senior Citizen Center Building and Grounds. The Bozeman senior citizens' advisory board shall have the responsibility to review and analyze the operation and management of the Bozeman Senior Citizen Center building and grounds located at 807 North Tracy A venue, Bozeman Montana, specifically: 1. The Bozeman senior citizens' advisory board shall make recommendations to the city manager or his designee concerning the needs of the Bozeman Senior Citizen Center building and grounds including but not limited to the use, management, operations and rules of the Bozeman Senior Citizen Center building and grounds. These recommendations shall include but are not limited to any proposed or needed renovations or maintenance issues with the building and the grounds, rental charges and fees for the use ofthe building and the grounds; 2. Any dispute concerning the use or operation of the Bozeman Senior Citizen Center building and 30.3 (Bozeman 11.01) 2.96.040 grounds may be appealed to the city manager for final decision. 3. The Bozeman senior citizens' advisory board, with the assistance of the Bozeman Senior Citizen Center building and grounds di~ector and the city manager or his designees, shall prepare an annual budget request for operation of the Bozeman Senior Citizen Center building and grounds to be submitted to the city manager not later than March 15th of each year. (Ord. 1521 ~ 1 (part), 2000) e 2.96.040 Bozeman Senior Citizens' Advisory Board-Authority. The actions of the Bozeman senior citizens' advisory board shall be advisory only and shall not constitute policy of the city and shall not be binding upon the city commission or upon the city. The city may adopt all or any part of any recommendation of the Bozeman senior citizens' advisory board, with or without any changes by the city commission, as city policy. (Ord. 1521 ~ 1 (part), 2000) e (Bozeman 11-01) 30A e