HomeMy WebLinkAbout3-24-08_Ordinance No. 1742, revising Chapter 2.76 Cemetery Board Revision
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Ron Brey, Deputy City Manager
Chris Kukulski, City Manager
SUBJECT: Cemetery Board Revision Ordinance
MEETING DATE: March 24, 2008
BACKGROUND: On February 4, 2008, the Commission appointed members to the
Cemetery Board. An alert citizen pointed out that reappointment of incumbents would constitute
a violation of Chapter 2.76 Section 030 of the Bozeman Municipal Code (BMC) which reads in
relevant part: There is created a Cemetery Board consisting of five members … . A majority of
the board members shall be residents of the city … . Reappointment of the incumbents would
have resulted in a non-resident majority on the Board. The Commission made the appropriate
appointments in accord with the BMC and directed staff to prepare an ordinance amending the
above referenced section to add two at-large, non-designated members to the composition of the
Board.
The proposed ordinance does that but retains the language stating that a majority of the Board be
residents of the city. The revision would allow three of seven members to be non-residents
rather than the previous two of five.
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During the review of the above cited section, the staff noted some unclear language concerning
remuneration and took this opportunity to provide clarification. At present the section could be
read to mean that only a majority of the board shall serve without remuneration. A revision is
proposed to make it clear that all members shall serve without remuneration.
RECOMMENDATION: If the Commission wishes to include three non-residents on the
Cemetery Board, or simply to expand the board to seven members, the ordinance should be
adopted.
FISCAL EFFECTS: No significant fiscal effects ae anticipated.
ALTERNATIVES: As suggested by the City Commission.
Respectfully submitted,
_________________________________ ____________________________
Ron Brey, Deputy City Manager Chris A. Kukulski, City Manager
Attachments: Draft Ordinance
Report compiled on : March 17,
2008
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ORDINANCE NO. 1742
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA,
BE IT ORDAINED by the City Commission of the City of Bozeman, Montana:
Section 1
That the Bozeman Municipal Code be amended by revising Chapter 2.76 Cemetery Section
030 of the Bozeman Municipal Code to add two (2) at – large, non-designated members and clarify
remuneration as follows:
2.76.030 Cemetery Board – Composition – Organization – Power and Duties
A. There is created a Cemetery Board consisting of five seven members to be appointed by
the City Commission for three year staggered terms. 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 all members shall serve without remuneration. Whenever practicable, one of the
members of the board shall be a representative of an active, recognized veterans
group.
Section 2
Repealer. All resolutions, ordinances and sections of the Bozeman Municipal Code and parts
thereof in conflict herewith are hereby repealed.
Section 3
Savings Provision. This ordinance does not affect the rights and duties that matured,
penalties that were incurred or proceedings that were begun before the effective date of this ordinance.
Section 4
Severability. If any portion of this ordinance or the application thereof to any person or
circumstance is held invalid, such invalidity shall not affect other provisions of this ordinance which
may be given effect without the invalid provisions or application and, to this end, the provisions of this
ordinance are declared to be severable.
Section 5
Effective Date. This ordinance shall be in full force and effect thirty (30) days after final
adoption.
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PASSED by the City Commission of the City of Bozeman, Montana on first reading at a
regular session thereof held on the 24th day of March, 2008.
_________________________________________
_
KAAREN JACOBSON, Mayor
ATTEST:
_____________________________________
STACY ULMEN
City Clerk
PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman,
Montana, on second reading at a regular session thereof held on the 7th day of April, 2008.
_________________________________________
_
KAAREN JACOBSON, Mayor
ATTEST:
_____________________________________
STACY ULMEN
City Clerk
APPROVED AS TO FORM:
___________________________________
PAUL J. LUWE
City Attorney
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