HomeMy WebLinkAboutOrdinance 10- 1788 Placement on General Election Ballot Language for referendumORDINANCE NO, 1788
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA TRANSMITTING TO THE GALLA'TIN COUNTY ELECTION
ADMINISTRATOR FOR PLACEMENT ON THE GENERAL ELECTION BALLOT FOR
NOVEMBER 2, 2010 A REFERENDUM ON INCREASING BY TWO THE NUMBER OF
ELECTED CITY COMMISSIONERS AS REQUIRED BY SECTION 9.02(b) OF THE
BOZEMAN CITY CHARTER.
WHEREAS, the voters of the City of Bozeman adopted the Bozeman. City Charter at the
general election in 2006 for the purpose of securing the benefits of local self government powers
and to provide for an honest and accountable commission- manager folio of government; and
WHEREAS, Section 9.02(b) of the Charter contains a requirement that the Bozeman
City Commission shall place before the voters at the general election in November, 2010, with
conforming charter amendments, the issue of adding two members to the city commission; and
WHEREAS, Section 9.02(b) of the Charter also states that should the voters approve this
increase the new commission members shall be elected during the regular city election in 2011
and seated at the first regular commission meeting in January 2012; and
WHEREAS, Section 8.01 of the Charter states that amendments to the Charter may be
framed and proposed by ordinance of the commission containing the full text of the proposed
amendment; and
WHEREAS, Section 2.02(c) Charter the City Commission currently states,
"Composition. The commission shall be composed of four members elected by the voters of the
city at large in accordance with the provisions of Article VI and the mayor. The mayor shall be
elected as provided in §2.03(b);" and
WHEREAS, should the voters adopt the increase from four to six commissioners Section
2.02(c) of the Charter will be amended as follows: "Composition. The commission shall be
composed of feffr six members elected by the voters of the city at large in accordance with the
provisions of Article VI and the mayor. The mayor shall be elected as provided in §2.03(b);" and
WHEREAS, the Commission discussed this referendum at a public meeting on April 19,
2010 and instructed staff to bring an ordinance before the Commission that would place the
decision whether to amend Section 2.02(b) of the Charter before the voters and that would
contain the specific ballot language; and
WHEREAS, the Commission, having heard public testimony, determines the ballot
statement language included in Section 1 of this ordinance is an accurate and impartial
explanation of the purpose of the proposed referendum and is drafted in plain, easily understood
language; and
WHEREAS, the Commission also finds the statement of the implication of the vote for
and the statement of the implication of the vote against the referendum is written using simple,
impartial language that clearly explains the meaning of a vote.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Pursuant to Section 9.02(b) of the Bozeman City Charter, and in compliance with the
requirements of Title 7, Chpt. 5, Part 1, MCA, the City Commission hereby adopts the following
ballot language to appear on the November 2, 2010 general election ballot for qualified electors
residing within the jurisdictional limits of the City of Bozeman:
"A REFERENDUM ON AMENDING THE BOZEMAN CITY CHARTER TO ADD TWO
MEMBERS TO THE BOZEMAN CITY COMMISSION.
The 2006 Bozeman City Charter requires city of Bozeman voters to decide at this election
whether to amend the Charter to increase the number of city commissioners from the current four
commissioners plus the mayor to six plus the mayor. To increase the number of commissioners,
the voters must decide whether to amend Section 2.02(c) (Composition) of the Charter. If the
voters choose to amend the Charter the two additional commissioners will be elected at the
general election in November, 2011 with a four year term to begin at the first commission
meeting in January, 2012.
Vote for One
fl FOR amending Section 2.02(c) of the Bozeman City Charter to increase the
number of elected city commissioners from four to six.
0 AGAINST amending Section 2.02(c) of the Bozeman City Charter to increase the
number of elected city commissioners from four to six."
Section 2
Transmittal to Gallatin County Clerk and Recorder.
Upon the effective date of this Ordinance, the Bozeman City Attorney shall transmit this
ordinance to the Gallatin County Clerk and Recorder for placement of the ballot language
included in Section 1 on the general election ballot for November 2, 2010.
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.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 5
Codification Instruction.
The provisions of this Ordinance shall not be codified in the Bozeman Municipal Code
but shall amend Section 2.02(c) of the Bozeman City Charter if approved by the qualified voters
of the City of Bozeman. No further action on the part of the City Commission shall be necessary
to amend the Charter.
Section 6
Effective Date.
This ordinance shall be in full force and effect on the 16th day of June, 2010.
PROVISIONALLY PASSED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 3rd day of May, 2010.
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FINALLY 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 17th day of
May, 2010. The effective date of this ordinance is 16th day ofJune, 2010.
APPROVE AS FORM:
SULLIVAN
City Attorney