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HomeMy WebLinkAboutOrdinance 05- 1643 Revise City organizational chart by Administrative Order ORDINANCE NO. 1643 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE, AS AMENDED BUT NOT YET CODIFIED BY ORDINANCE NOS. 1537 AND 1640, BE AMENDED BY ADDING A NEW CHAPTER TO BE NUMBERED CHAPTER 2.10; PROVIDING FOR THE APPOINTMENT OF AN ASSISTANT CITY MANAGER; AND BY AMENDING SECTIONS 2.12.010, 2.36.070, 2.44.010, 2.76.030B, AND 2.76.040; PROVIDING FOR FIVE ADMINISTRATIVE DEPARTMENTS, AUTHORIZING THE CITY MANAGER TO REORGANIZE FUNCTIONS AND DIVISIONS UNDER THE CITY DEPARTMENTS, AND ELIMINATING CONFLICTING PROVISIONS TO SAID AUTHORIZATIONS; AND REPEALING SECTIONS 2.36.010, 2.36.020, 2.36.100, AND CHAPTER 2.48. WHEREAS, MCA Section 7-3-304(3) provides that the City Manager shall administer the affairs of the local government; and WHEREAS, MCA Section 7 -3-304( 4) provides that the City Manager shall direct, supervise, and administer all departments, agencies and offices of the local government unit except as provided by law or ordinances; and WHEREAS, authorizing the City Manager to transfer, eliminate or add functions to the departments established by the City Commission provides flexibility and efficiency for City Manager to discharge his statutory duties; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That the Bozeman Municipal Code be amended by adding a new chapter to be numbered Chapter 2.10, to read: "Chapter 2.1 0.01 0 Assistant City Manager. The City Manager shall appoint an Assistant City Manager who shall serve as acting City Manager in the absence of the City Manager. The Assistant City Manager shall perform such other duties by direction of the City Manager or as required by law." Section 2 That the Bozeman Municpal Code Section 2.12.010 is amended to read: "2.12.010 Administrative departments established. A. The following administrative departments of the city are established: 1. Department of Law; 2. Department of Public Service; 3. Department of public welfare Planning & Community Development; 4. Department of Public Safety; 5. Department of Finance. B. The City Manager may, by Administrative Order, transfer, eliminate, or add functions, to the departments, to include organizing or reorganizing all divisions thereunder." Section 3 That the Bozeman Municipal Code Section 2.36.070 is amended to read: "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 di'yi~ior, administration and 5ubl'1,it not later than May pt-ef-each year a proposed budget covering the recreational activities to be offered by the divi~ior1 for the ensuing fiscal year; and F. Other recommendations as requested." Section 4 That the Bozeman Municipal Code Section 2.44.010 is amended to read: "2.44.010 Director of public service designated - Powers and duties. The director of public service shall be the head of the department of public service and shall work under the supervision and control of the city manager in all matters. The director shall discharge all of the duties prescribed by law for that officer, and as such shall manage and have charge of the construction, improvements, repair and maintenance of streets, sidewalks, alleys, lanes, bridges, viaducts and other public highways, and of all sewers and sewerage disposal plants, drains, ditches, culverts, canals, streams and watercourses. The director shall manage and have charge of the waterworks, system owned by the city, and all buildings owned by the city, and improvements thereon, and shall have charge of the enforcement of all obligations of privately owned or operated public utilities enforceable by the city. The director shall have charge and supervision of the making and preservation of all surveys, maps, plans, drawings and estimates for public work; and charge of the cleaning, sprinkling and lighting of streets and public places; and of the collection and disposal of waste; and charge and supervision of the preservation of contracts, papers, plans, tools and appliances belonging to the city and pertaining to the department of public service. The director shall receive such salary as may be fixed by the city manager." - 2 - ...--....-...-..- ..-- .----.-..,.. Section 5 That the Bozeman Municipal Code Section 2.76.030 B is amended to read: "2.76.030 Cemetery board - Composition - Organization - Powers and duties. B. The cemetery board, as herein created, shall serve as an advisory board to both the city commission and the director of public service city administration and, as such, shall be charged with making such investigation and recommendations as requested or deemed necessary for the operation of the cemetery and as required in this chapter." Section 6 That the Bozeman Municipal Code Section 2.76.040 is amended to read: "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 administration of the cemetery." Section 7 That the Bozeman Municipal Code be amended by repealing Sections 2.36.010, 2.36.020, 2.36.100, and Chapter 2.48. Section 8 Repealer: All resolutions, ordinances, and sections of the Bozeman Municipal Code inconsistent herewith are hereby repealed. Section 9 Severabilitv: If any provisions of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions of this ordinance which may be given effect without the invalid provision or application, and, to this end the provisions of this ordinance are declared to be severable. Section 10 Savinas: 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. -3- -.-- Section 11 Effective Date: This ordinance shall be effective thirty (30) days after second reading and final adoption as provided by law. PASSED by the City Commission of the City of Bozeman, Montana, on first reading, at a regular session thereof held on the 5th day of July 2005. AN L. CETRARO, Mayor ATTEST: ~/~ ROBIN L. SULLIVAN City Clerk PASSED, ADOPTED AND FINALLY APPROVEb by the City Commission of the City of Bozeman, Montana, on second reading, at a regular session thereof held on the 18th day of July 2005. .~ AND L. CETRARO, Mayor ATTEST: ~/~ ROBIN L. SULLIVAN City Clerk APPROVED AS TO FORM: c:7 - 4-