HomeMy WebLinkAboutResolution 4510, Election whether to conduct a Local Government Review, Study Commission and Funding_15Page 1 of 7
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Stacy Ulmen, City Clerk
Greg Sullivan, City Attorney
Chris Kukulski, City Manager
SUBJECT: Resolution No. 4510, calling for an Election on the Question of
Whether to Conduct a Local Government Review and Establish a Local Government Study
Commission and Determination on Funding for the Study Commission
AGENDA ITEM TYPE: Action
MEETING DATE: February 24, 2014
RECOMMENDED MOTION: I hereby move to approve Resolution 4510, calling for an
election on the question of conducting a review of the City of Bozeman’s government and
establishing a local government study commission consisting of five members.
ADDITIONAL SUGGESTED MOTION: I hereby instruct the City Manager to prepare a
budget for Fiscal Year 2015 that funds the costs of the local government study commission,
should it be approved by the voters, pursuant to a mill levy outside the City’s statutory mill levy
cap with a final determination on levying such costs to be made as part of the normal budget
process.
BACKGROUND:
We provide background on the following:
1. The procedures that must be followed to put the question of a local government review
and study commission on the ballot. This information includes details regarding election
of study commissioners.
2. The purposes and authority of a study commission.
3. Information on funding the study commission.
4. History of past City of Bozeman study commissions.
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I. Procedure for the Election on a Local Government Review and Study
Commission
Section 9, Article XI of the Montana Constitution requires each local government in Montana to
conduct an election every ten years “to determine whether a local government will undertake a
review procedure.” The Montana Legislature has enacted statutory mechanisms to implement
this constitutional requirement. Pursuant to 7-3-173, MCA the City must pass a resolution that
calls for an election at a minimum every ten years on the question of conducting a local
government review and establishing a study commission.
This resolution must be passed and submitted to the County Elections Administrator by March
10, 2014, and the question will appear on the ballot at the primary election held on June 3, 2014.
We provide a few additional items for background on procedure.
A local government study commission may be established only by an affirmative vote of the
people. 7-3-173, MCA.
The election must be made in substantially similar form to the ballot language established by the
Legislature. 7-3-175, MCA. Resolution 4510 complies with the statutory form.
Pursuant to 7-3-176, MCA, “If the question of reviewing the local government and establishing a
study commission is approved, an election to fill the positions on the local government study
commission must be held in conjunction with the first regularly scheduled election of the local
government conducted after 90 days following the election establishing the study commission.”
If the voters decide in favor of conducting a local government review, a study commission will
be elected during the general election on November 4, 2014.
Candidates for the study commission must be registered electors of the City and must file
declarations of nomination not later than 75 days before the date of the November 4, 2014
election. Candidate filing will open on the date that the primary election results are certified and
will close on August 11, 2014.
The City Commission has the authority to declare a larger number of members to be elected
beyond the three positions required by Section 7-3-177, MCA; however, the amount must be an
odd number of members. Prior study commissions consisted of five members; as such, Section 2
of Resolution No. 4510 reflects that number. The study commission will follow the procedures
as laid out in Title 7, Chapter 3, Part 1, Sections 173-193, MCA. After the study commission
completes its work, their proposed changes, if requiring voter approval, will be placed on the
ballot for the voters to decide..
II. Purpose, Powers, Scope of Review, and Final Report
The purpose of a study commission is to “study the existing form and powers of a local
government and procedures for delivery of local government services and compare them with
other forms available under the laws of the state.” 7-3-172, MCA.
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The Study Commission’s powers are enumerated at 7-3-183, MCA and include the authority to
employ and fix the compensation of necessary staff, contract and cooperate with other agencies,
establish advisory boards and committees, retain consultants, and do any other act consistent
with and reasonably required to perform its functions.
A study commission examining the government of a municipality may recommend amendments
to the existing plan of government, recommend any plan of government authorized by Title 7,
chapter 3, parts 1 through 6, draft a charter (or recommendations on amendments to the charter),
recommend municipal-county consolidation, recommend disincorporation; or submit no
recommendation.7-3-185(2)(a),MCA.
In addition, a study commission may recommend service consolidation or transfer in cooperation
with a county study commission, a county study commission and one or more municipal study
commissions, one or more municipal study commissions. 7-3-185(2)(b), MCA.
III. Finances and Mill Levy in Support of a Local Government Study Commission
A study commission must prepare a budget for each fiscal year it is in existence and submit it to
the City Commission for adoption and the Commission “shall appropriate an amount necessary
to fund the study.” 7-3-184, MCA.
The City Commission must, for the support of the study commission, appropriate an amount
necessary to fund the study. To do so, the City Commission “may levy mills in excess of all
other mill levies authorized by law to fund the appropriation.” 7-3-184(2)(a), MCA (emphasis
added).
In 2004, the City Commission placed two questions related to the local government review on
the ballot: (i) whether to conduct the local government review and establish a study commission;
and (ii) whether to levy mills in support of the study commission. The question on the review
was adopted by the voters. The question on levying mills was rejected.
We believe the two questions may have been partly the result of a Montana Attorney General
Opinion from March of 2004 that determined, based on the statutory ballot language in existence
at the time, that two questions must be separated. It is important to note that in 2007, the
Montana Legislature amended the laws related to study commissions; now, an estimated amount
necessary to fund the study commission must be included in the ballot language for establishing
the study commission.
As noted, the current statutory ballot language requires the incorporation of a funding amount.
See 7-3-175, MCA. To that extent, we have included in the proposed ballot language an estimate
of the costs associated with the study commission. These costs are based on expenditures from
the 2004-2006 study commission and costs associated with the election of study commissioners
should the voters decide to conduct a review. (See the fiscal effects section below for estimated
costs).
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Pursuant to 15-10-420(9)(a)(iv), the Commission may levy mills outside of the statutory cap to
fund the study commission without a vote of the people.
To fund the costs associated with a review and study commission, should the review and study
commission be adopted by the voters, the Commission has the following options:
1. Levy mills to support of the study commission with the Fiscal Year 2015 budget within
the existing statutory cap;
2. Levy mills to support the study commission outside the statutory cap based on specific
statutory authority; or
3. Place before the voters the question of levying mills outside the statutory cap.
Staff recommends the Commission fund the study commission, if created, by the
Commission levying outside the cap to cover costs. The additional suggested motion will
facilitate this process.
IV. History of Past Study Commissions
1974-1976
The 1974 Montana Legislature authorized procedures to carry out the citizen review of local
government mandated by the recently adopted Montana Constitution. The first City of Bozeman
Local Government Study Commission was established by Resolution No. 1661. The five Study
Commission members were elected November 5, 1974 and their Final 1976 Voter Review
Report was submitted on April 12, 1976.
The 1976 Study Commission recommended an alternative form of government. At that time the
City operated pursuant to a Commission-Manager form of government with general government
powers. The Study Commission proposed the adoption of a Charter for a Commission-Manager
form of government with self government powers. At the election held on June 1, 1976, by
slightly more than two hundred votes, the existing form of government (Commission –Manager
with general powers) received the most votes and remained in place.
1984-1986
On March 19, 1984, The City Commission approved Resolution No. 2496 calling for an election
for a local government review which was passed by the voters at the primary election. The
Study Commission members were elected on November 6, 1984 and their Final 1986 Study
Commission Report was submitted on June 2, 1986.
The 1986 Study Commission noted and recommended that the issue of a City Charter with self-
government powers be brought to the immediate attention of Bozeman voters; however, the
Study Commission concluded that no change in the form of government be placed on the ballot.
The 1986 Study Commission did point out areas where changes could be made within the
existing structure internally and specifically addressed each one in their report.
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1994-1996
On March 21, 1994, The City Commission approved Resolution No. 2964 calling for an election
for a local government review which was passed by the voters at the primary election. The five
Study Commission members were elected on November 8, 1994 and their Final 1996 Study
Commission Report was submitted on August 13, 1996.
The 1996 Study Commission recommended an alternative form of government and added to the
official ballot language for adoption a self-government charter for the City.
The proposed Charter included:
Self-Government Powers- giving greater flexibility in shaping the government structure,
increasing responsibility of recognizing and dealing with our own problems and greater
power to solve problems.
Commission-Manager Structure- making minor adjustments to the existing commission-
manager structure.
Increase Representation-increasing the Commission to seven members and electing the
Commission by district and directly electing the Mayor at-large.
Taxes and Fees-limiting all city tax and fee increases to the Consumer Price Index and
putting an expiration date on all new taxes and fees not approved by the voters.
At a special election held on November 5, 1996, the existing form of government received the
most votes and remained in place.
2000 Special Election: General Powers to Self-Government Powers
In November of 2000, outside of the study commission structure, the voters were presented with
a question of transitioning from a Commission-Manager form of government with general
powers to one with self-government powers. See Resolution 3418 and Ordinance 1524. The
voters approved the transition.
2004-2006
On March 8, 2004, the City Commission approved Resolution No. 3662 calling for an election
for a local government review which was passed by the voters by one vote at the primary
election. The Commission also approved Resolution No. 3666 calling for an election on the
question of a mill levy to support the study commission. This vote failed. As such, the 2004 –
2006 study commission was funded by annual budgets that came from the General Fund’s
existing resources, without a corresponding increase in tax revenues. There were budgets
approved in Fiscal Year 2005 – Fiscal Year 2007 totaling $36,800. Actual expenditures over
these three budget years totaled $14,700, and do not include the election costs which were
charged to the Commission’s budget or not billed by the County. This Study Commission relied
heavily on the City Clerk’s office for staffing.
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The five Study Commission members were elected on November 2, 2004 and their Final 2006
Study Commission Report was submitted on August 21, 2006. The 2006 Study Commission
recommended a Charter form of government with the City Manager plan and self government
powers. The Study Commission added that the Charter was prepared in a manner that reflects
the current form of government with some minor modifications that the Study Commission felt
would enhance the operation of government and ensure that the City’s business is conducted in a
professional manner to the public.
The Commission approved Resolution No. 3944 adopting the ballot language. At the general
election on November 7, 2006, the new recommended proposed form of government as a Charter
with the City Manager plan and self government powers was approved by the voters. The City
Charter then went into effect on January 1, 2008.
We will invite the 2004-2006 Study Commission members to attend your meeting on the 24th.
UNRESOLVED ISSUES: 1. The method of providing financial support for the study
commission if created by the voters, within existing tax levy caps or in addition to existing tax
levy caps. 2. Whether or not an estimated cost for a study commission final ballot election
(November 2016) should be included in cost estimates put before voters. 3. Number of study
commissioners to be elected.
FISCAL EFFECTS:
The costs of funding the local government study commission will depend upon the budget
provided by the study commission. To estimate the costs for a study commission for 2014, in
conjunction with the Director of Administrative Services, we reviewed the operational costs of
the 2004- 2006 study commission (a total of $15,000) and the 2006 general election (vote on the
Charter) ($2,100). It is important to note that since 2004, the charges submitted to the City by
the election administrator for election services has increased significantly.
We estimate the costs of a study commission to be $76,260, accumulating over three fiscal years.
The amount does not include costs associated with the election to be held this June. The
estimated costs includes costs associated with the election of study commissioners in the fall of
2014, and an estimate of costs associated with the election that might result from the work of the
study commission (shown a$25,000 in FY17.) We had discussion about whether or not the
potential election costs should be included, and chose to recommend that they are included so
that voters have a better picture of all potential costs.
Estimate of Possible Budget FY15 FY16 FY17 Total Note:
Election of Commissioners 15,000.00 15,000.00$ November 2014 (also on the ballot the Police/Court facility)
Election re: Alternative 25,000.00$ 25,000.00$ November 2016 - Not certain.
Admin Assistant 2,160.00$ 4,320.00$ 2,880.00$ 9,360.00$ Meeting 3 times per month, for three hours each; Equal amount of prep time
Survey/Consulting Work 1,750.00$ 3,500.00$ 3,500.00$ 8,750.00$ Could be used for preparation of final report, etc.
Advertising 1,500.00$ 3,000.00$ 3,000.00$ 7,500.00$ Estimate 6 Sunday display ads/yr at $500 ea.; could also have legal ads
Postage 2,250.00$ 2,250.00$ 2,250.00$ 6,750.00$ Estimate mailing ~ 14,000 pieces 1st class mail.
Travel/Meals 900.00$ 1,800.00$ 1,200.00$ 3,900.00$ Estimated $50/meeting
23,560.00$ 14,870.00$ 37,830.00$ 76,260.00$
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The election on the question of establishing a study commission was included in the City
Manager’s Fiscal Year 2014 budget. The cost of the June election is estimated to be $26, 000.
Our recommendation is to ask the voters to approve the study commission’s funding outside of
the current levy cap, and to include all likely amounts that could come from approval of the
study commission question.
ALTERNATIVES: As suggested by the City Commission.
ATTACHMENTS:
Resolution No. 4510
2014 Local Government Review Information from the Montana Secretary of State
Resolution 3662 (3/8/2004) (review and study commission question)
Resolution 3666 (8/22/04 (calling for a mill levy to finance the 2004 study commission)
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Page 1 of 3
COMMISSION RESOLUTION NO. 4510
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, CALLING FOR AN ELECTION ON THE QUESTION OF CONDUCTING
A LOCAL GOVERNMENT REVIEW AND ESTABLISHING A STUDY COMMISSION,
PURSUANT TO SECTIONS 7-3-171 THROUGH 7-3-193, MONTANA CODE
ANNOTATED.
WHEREAS, pursuant to Article XI, Section 9 of the Montana Constitution, the
Montana Legislature has established statutory procedures requiring an election at least every ten
years in each local government to determine whether a study commission shall be established to
study the existing form and structure of a local government; and
WHEREAS, Section 7-3-173, MCA. requires an election on the question of
conducting a local government review and establishing a study commission be held every ten
years; and
WHEREAS, Section 7-3-173, MCA. requires the local governing body to call for an
election on the question, to be held on the primary election date.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana:
Section 1
That an election on the question of conducting a local government review and
establishing a study commission be held on June 3, 2014 in conjunction with the primary
election to be held on that date and that a certified copy of this Resolution be transmitted by the
Bozeman City Clerk to the Gallatin County Election Administrator upon adoption for placement
on the June 3, 2014 primary ballot.
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Section 2
That the proposed study commission shall consist of five (5) citizen members, to be
elected by ballot of the general electorate in conjunction with the 2014 general election to be
held on November 4, 2014, and an ex-officio, non-voting member, to be appointed by the City
Commission. The ex-officio, non-voting member must be a member of the City Commission or
an elected official or employee of the City of Bozeman.
Section 3
That the question of conducting a local government review and establishing a study
commission shall be submitted to the electors in the following form:
Vote for one:
FOR
AGAINST
PASSED AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 24th day of February, 2014.
___________________________________
JEFFREY K. KRAUSS
Mayor
ATTEST:
________________________________________
STACY ULMEN, CMC
City Clerk
The review of the government of the City of Bozeman and the
establishment and funding, not to exceed $76,260, of a local
government study commission consisting of five (5) members to
examine the government of the City of Bozeman and submit
recommendations on the government.
The review of the government of the City of Bozeman and the
establishment and funding, not to exceed $76,260, of a local
government study commission consisting of five (5) members to
examine the government of the City of Bozeman and submit
recommendations on the government.
Resolution No. 4510, Calling for an Election on the question of Conducting a Local Government Review
Page 3 of 3
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
1
Montana Secretary of State Linda McCulloch
Elections and Government Services
2014 Local Government Review Information
Compiled in conjunction with the Montana Association of Counties and the MSU Local Government Center
Frequently Asked Questions
Q. What is the Local Government Review election?
A. Established as part of the 1972 Constitution, the Local Government Review election is to be
held by each city and county government every 10 years. If your city or county government has
held a Local Government Review election any time after the 2004 general election until now,
you should consult with your county attorney regarding your responsibility.
Q. Where can I find the laws on the Local Government Review election?
A. The applicable laws, 7-3-171 through 7-3-193, MCA, are found at
http://leg.mt.gov/bills/mca_toc/7_3_1.htm.
Q. Does the Local Government Review election apply only to city governments?
A. No, local governments have been defined to include both city and county governments.
Q. It is a requirement that the governing body call for a local government review?
A. Yes. As required under 7-3-173(2), MCA, “The governing body shall call for an election, to be
held on the primary election date, on the question of conducting a local government review
and establishing a study commission. . . .” A governing body shall call for an election on Local
Government Review by March 10, 2014.
Q. Who pays the cost of putting the local government review question on the ballot?
According to 13-1-302, MCA, each jurisdiction shall pay their proportionate cost. The county
will bill the municipality for their proportionate cost, which cannot include the services of the
election administrator or capital expenditures. The proportionate costs shall be only those
additional costs incurred as a result of the political subdivision holding its election in
conjunction with the primary or general election.
For uniformity purposes, those costs should be any extra ballot costs, any extra equipment
programming costs, any extra advertising costs, and any other additional costs incurred
because of the municipal ballot issue appearing on the primary ballot and because of the
municipal local government review candidates appearing on the general election ballot, if
applicable.
Q. What exactly will voters be asked to decide at the June 3 Primary?
A. The ballot language is to be substantially as follows, under Section 7-3-175, MCA:
[] FOR the review of the government of (insert name of local government) and the establishment and
funding, not to exceed (insert dollar or mill amount), of a local government study commission
160
2
consisting of (insert number of members) members to examine the government of (insert name of
local government) and submit recommendations on the government.
[] AGAINST the review of the government of (insert name of local government) and the establishment
and funding, not to exceed (insert dollar or mill amount), of a local government study commission
consisting of (insert number of members) members to examine the government of (insert name of
local government) and submit recommendations on the government.
Q. What happens if a voter is eligible to vote in the county election and in the city election?
A. Because the local government review election is for cities and counties, an elector who lives
within the city limits will be presented twice with the question of whether to hold a local
government review election (once for the county of residence and once for the city of
residence.)
Q. Do we have to report the results to the Secretary of State’s Office?
A. Even though you do not provide the canvass for other local election results to the Secretary of
State, according to Section 7-3-174(2), MCA, the election administrator shall report the results
of the local government review ballot question and the results of the election of commissioner
members (if applicable) to the Secretary of State within 15 days of the official canvass. The
report of results will have to be filed 15 days after the primary election canvass, and 15 days
after the general election canvass (if applicable).
Q. How many commission positions will be open after the primary, if the voters choose to have
a commission?
A. Under Section 7-3-177, MCA, the study commission shall consist of three members unless the
local governing body by resolution declares that a larger number shall be elected.
Q. When will candidate filing open and close?
A. If a majority of voters voting on the question at the primary election vote in favor of the study
commission, candidate filing will open on the date that the primary election results are certified
(the primary canvass), and will close August 11, 85 days before the general election.
Q. Where are the candidate filing forms?
A. Declaration for nomination forms can be found on the Secretary of State’s website at
http://www.sos.mt.gov/elections/Filing/documents/Declaration-for-Nomination-Oath-of-
Candidacy.pdf.
Q. Is this a partisan election? Will there be a primary? Are filing fees required? Can election
officials of the local government be candidates for the study commission?
A. According to Section 7-3-176, MCA, the election is a nonpartisan election, there will be no
primary election, and there are no filing fees. Also, the candidates are not permitted to be
elected officials of the local government.
Q. Does a person have to live within the jurisdiction being studied to be a candidate?
A. Yes, candidates for study commission positions must be electors of the local government for
which the study commission has been established. Candidates may not be elected officials of
the local government.
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Local Government Review Calendar
DATE ACTION MCA SECTION
March 10, 2014 Deadline for governing bodies to call
for local government review
7-3-173(2)
June 3, 2014 Primary Election
Citizens vote on whether or not they
want to conduct local government
review
7-3-173(2)
No later than June 17,
2014
Results canvassed and returned as
provided in Title 13; beginning of
study commission candidate filing
(assuming vote is in favor of study
commission)
7-3-174(1)
July 2, 2014 Deadline for local government
review results to be delivered to the
Secretary of State (within 15 days of
the date that the results become
official)
7-3-174(2)
August 11, 2014 Last day for local government review
commission candidates to file
declaration of nomination by 5:00
p.m. (assuming vote is in favor of
study commission)
**No filing fee
**Nonpartisan declaration
**No primary
7-3-176(2)
November 4, 2014 Election for study commissioners 7-3-176
No later than November
18, 2014
Results to be canvassed and returned
as provided in Title 13
7-3-174(1)
December 3, 2014 Deadline for local government
review results to be delivered to the
Secretary of State (within 15 days of
the official canvass)
7-3-174(2)
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4
SAMPLE NOTICE
NOTICE OF LOCAL GOVERNMENT REVIEW ELECTION
At the June 3rd primary election, voters in the cities/towns of ____________________________ and
_________ County will be asked whether or not they wish to have their form of local government
reviewed.
The local government review was initiated by Article XI, Section 9 of the 1972 Constitution and the first
review was conducted in 1974. Required every ten years, the local government review election asks
voters to decide if they want to elect study commissions to review their city and county governments.
If a majority of the electors vote in favor of having a study commission to examine the form of local
government, the study commission members will be elected at the November 4, 2014 general election.
Interested individuals can file after the primary election as a candidate for the study commission with
the County Election Administrator. There is no filing
fee, and the race is nonpartisan. Candidates must be electors of the local government for which the
study commission has been established, and cannot be elected officials of the local government. Filing
for the positions of study commission members will open after the primary election results are
certified, and will close at 5:00 p.m. on August 11, 2014.
The purpose of the study commission is to study the existing form and powers of the local government
and compare them with other forms available under the laws of the state. The study commission
members must write a report detailing their recommendations for changes to the local government.
The final report of the study commission is presented to the voters of the local government for
approval or rejection. The report must be presented to the registered electors for a vote no later than
the 2016 general election (November 8, 2016).
For more information on this election, please contact your county election administrator, at (406)
_____ -_____.
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COMMISSION RESOLUTION NO. 3662
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, CALLING FORAN ELECTION ON THE QUESTION OF CONDUCTING
LOCAL GOVERNMENT REVIEW AND ESTABLISHING A STUDY COMMISSION,
PURSUANT TO SECTIONS 7-36171 THROUGH 7636193, M.C.A.
WHEREAS, pursuant to Article XI, Section 9, of the Montana Constitution, the State Legislature
has established a procedure requiring an election at least every ten years in each local government to
determine whether a study commission shall be established to study the existing form and structure of
a local government; and
WHEREAS, Section 7-3-173, M.C.A., requires that an election on the question of conducting
local government review and establishing a study commission be held in 1984 and thereafter whenever
ten years have elapsed since the electors have voted on the question; and
WHEREAS, Section 7-3-173, M.C.A., requires the local governing body to call for an election
on the question, to be held on the primary election date.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana:
Section 1
That an election on the question of conducting a local government review and establishing a
study commission be held on June 8, 2004, in conjunction with the primary election to be held on that
date.
Section 2
That the proposed study commission shall consist offive (5) citizen members, to be elected by
ballot ofthe general electorate in conjunction with the 2004 general election, and an ex-officio, non-voting
member, to be appointed by the City Commission. The ex-officio, non-voting member must be a member
of the City Commission or an elected official or employee of the City of Bozeman.
Section 3
That the question of conducting a local government review and establishing a study commission
shall be submitted to the electors in the following form:
164
n. _...
unn.".__...
The review of the form and structure of the government of the City
of Bozeman and the establishment of a local government study
D FOR
commission consisting of five (5) members to examine the
government of the City of Bozeman and submit recommendations
thereon.
D AGAINST
The review of the form and structure of the government of the City
of Bozeman and establishment of a study commission.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 8th day of March 2004.
AND CETRARO, Mayor
ATTEST:
R IN L. SULLIVAN
Clerk of the Commission
2 -
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COMMISSION RESOLUTION NO. 3666
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, CALLING FOR AN ELECTION ON THE QUESTION OF A MILL LEVY
TO SUPPORT A STUDY COMMISSION.
WHEREAS, pursuant to Article XI, Section 9, of the Montana Constitution, the State Legislature
has established a procedure requiring an election at least every ten years in each local government to
determine whether a study commission shall be established to study the existing form and structure of
a local government; and
WHEREAS, Section 7-3-173, M.C.A., requires that an election on the question of conducting
local government review and establishing a study commission be held in 1984 and thereafter whenever
ten years have elapsed since the electors have voted on the question; and
WHEREAS, on the 8th day of March 2004, the City Commission adopted Commission
Resolution No. 3662, requesting that an election on the question of conducting a local government review
and establishing a study commission be held on June 8, 2004, in conjunction with the primary election;
and
WHEREAS, the local government under study, per Section 7-3-184, M.C.A., must provide
adequate financial assistance for the study commission under its general fund limitations as set forth in
Section 15-10-420, M.C.A.; and
WHEREAS, Section 7-6-4431, Montana Code Annotated, authorizes a municipal governing
body to exceed the maximum mill levy allowed by Section 15-10-420, M.C.A., upon approval of a majority
of the qualified electors voting in an election.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana:
Section 1
That an election be held on June 8, 2004, in conjunction with the primary election to be held
on that date, on the question of a special voted mill levy to provide adequate financial assistance for local
government review.
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Section 2
That, if the question on reviewing the form and structure of the municipal government and
establishing a study commission does not pass, the results of the election on this ballot issue shall
become null and void.
Section 3
That the question of a special voted mill levy to support a local government review shall be
submitted to the electors in the following form:
A special voted mill levy of up to one mill, not to exceed $55,000 in
D revenues annually, be levied in Fiscal Years 2005 and 2006 for the
FOR purpose of supporting the local government study commission's
examination of the government of the City of Bozeman.
A special voted mill levy of up to one mill, to be levied in Fiscal
o AGAINST
Years 2005 and 2006, for the purpose of supporting the local
government study commission's examination of the government of
the City of Bozeman.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 22nd day of March 20
ATTEST:
Clerk of the Commission
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