HomeMy WebLinkAboutOrdinance 01- 1551 Adoption of all Ordinaces & Regulations in effect July 1, 2001
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ORDINANCE NO. 1551
ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED
BY ADDING NEW SECTIONS TO BE NUMBERED 1.01.110 AND 2.40.060 AS
AMENDED BY UN CODIFIED ORDINANCE NO. 1537; PROVIDING FOR THE
ADOPTION UNDER SELF-GOVERNMENT POWERS OF ALL ORDINANCES AND
REGULATIONS IN EFFECT ON JULY 1,
2001 AND PROVIDING FOR
SUPERSEDING STATE LAW TO THE EXTENT INCONSISTENT WITH BOZEMAN
MUNICIPAL CODE SECTION 2.40.010.
WHEREAS, the City Commission, on the 21st day of August 2000, adopted Ordinance
No. 1524 which placed the issue of amending the form of government from Municipal Commission-
Manager form of government with general government powers to the Commission-Manager form
of government with self-government powers on the general election ballot; and
WHEREAS, the City Commission, on the 16th of October 2000, adopted Commission
Resolution No. 3406, adopting the certificate establishing the plan of government for Bozeman,
Montana; and
WHEREAS, at the general election held on November 7, 2000, a majority of the voting
electors of the City of Bozeman voted to approve the amendment thus adopting the Commission-
Manager form of government with self-government powers; and
WHEREAS, the City Commission desired an orderly transition from Municipal Commission-
Manager form of government with general government powers to the Commission-Manager form
of government with self-government powers with minimal fiscal impact passed Commission
Resolution Nos. 3418 on November 27, 2000 and No. 3441 on May 14, 2001; and
WHEREAS, Commission Resolution No. 3418 provided that existing elected officials would
continue in their office until the end of the term for which they were elected and that pursuant to
M.C.A. ~7-3-156(3),the Commission-Manager form of government with self-government powers
would become effective July 1, 2001; and
WHEREAS, Commission Resolution No. 3441 provided for the continuation of all
ordinances and resolutions, administrative orders and departmental rules and regulations, and all
departments, except for the Department of Public Safety; for the validity of all public and private
bonds, debts, contracts and suits; and, for the reorganization of the Department of Public Safety;
and
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WHEREAS, Ordinance No. 1537 was passed on second reading on May 29, 2001 and
amended the Bozeman Municipal Code to provide for transition to Commission-Manager form of
government with self-government powers and for the reorganization of the Department of Public
Safety; and
WHEREAS, this Resolution No. 3441 and Ordinance No. 1537 were passed prior to July
1, 2001, under the authority of M.C.A. ~7-3-157; and
WHEREAS, the Commission finds it is in the best interest of the citizens to eliminate all
doubt about whether ordinances and resolutions are enacted under the City's self-government
powers despite the adoption of Commission Resolution Nos. 3411 and 3418 and M.C.A. ~7-3-157.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman.
Montana:
Section 1
That the Bozeman Municipal Code be amended by adding new section 1.01.110 to read:
"All Ordinances and Resolutions in effect on July 1,2001 are hereby re-adopted
under the City of Bozeman's Self-Government Powers and all said Ordinances
and Resolutions shall remain in force until they expire by their own limitation or
shall be altered or repealed by the Bozeman City Commission."
Section 2
That the same Bozeman Municipal Code be amended by adding a new section, 2.40.060,
to read:
"M.C.A. sections 3-6-303; 7-4-4101, 7-32-4105, 7-32-4118, 7-32-4119, 37-
60-304, 37-60-406, 39-3-406, 45-8-322, 45-8-325, 46-23-503, 46-23-504,
46-23-505,52-2-211,61-3-106,61-3-424,61-12-401, 61-12-402, 7-33-4103,
7-33-4104, 7-33-4123, 19.17-401, 50-37-107, 50-61-114, 50-62-101,50-63-
202, and 50.78-301, where inconsistent with Bozeman Municipal Code section
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2.40.010 are hereby superseded to the extent said sections require a police or
fire chief and require the fire chief or police chief to perform any service or carry
out any function instead of the Director of Public Safety. The intent of this
section is to place responsibility of any fire chief or police chief duties. functions
or services required by state law with the Director of Public Safety."
Section 2
ReDealer. All resolutions. ordinances and sections of the Bozeman Municipal Code and
parts thereof in conflict herewith are hereby repealed.
Section 3
Savinas 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
Severabilitv. 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.
PASSED by the City Commission of the City of Bozeman. Montana on first reading at a
regular session thereof held on the 19th day of November 2001.
MA~~~r
ATTEST:
~.~~
Clerk of the Commission
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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 3rd day of December
2001.
MAR~U~~r
ATTEST:
~.t~
Clerk of the Commission
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