HomeMy WebLinkAboutAgendaPacket 2-05-07_349-352_Provisionally Adopt Ordinance 1691 amending Bozeman Municipal Code to reflect that a tie Commission vote results in a negative outcome
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Paul Luwe, City Attorney
Chris Kukulski, City Manager
SUBJECT: Provisionally adopt Ordinance 1691, amending Bozeman Municipal Code to
reflect that a tie Commission vote results in a negative outcome
MEETING DATE: Monday, February 5, 2007
BACKGROUND: On January 29, 2007, this item was moved from Consent to Action Items and
then tabled until February 5, 2007.
The ordinance amends BMC § 02.04.050 by eliminating the requirement of three affirmative votes to
reject any resolution, ordinance, motion, or other measure. This ordinance is being brought before you
per your direction at last week’s meeting.
RECOMMENDATION: The City Commission provisionally adopt Ordinance 1691.
FISCAL EFFECTS: No significant fiscal effects have been identified.
ALTERNATIVES: As may be recommended by the Commission.
Respectfully submitted,
___________________________ ____________________________
Paul J. Luwe, City Attorney Chris A. Kukulski, City Manager
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ORDINANCE NO. 1691
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA PROVIDING THAT THE BOZEMAN MUNICIPAL
CODE BE AMENDED BY REVISING SECTION 2.04.050 OF SAID CODE;
PROVIDING FOR THE ELIMINATION OF THE REQUIREMENT OF THREE
AFFIRMATIVE VOTES TO REJECT ANY MOTION, RESOLUTION OR
ORDINANCE.
BE IT ORDAINED by the City Commission of the City of Bozeman, Montana:
Section 1
That Section 2.04.050 of the Bozeman Municipal Code, so that BMC Section 2.04.050 shall read:
“2.04.050 Voting. Three Commissioners shall constitute a quorum, and the affirmative vote of three
Commissioners shall be necessary to adopt or reject any motion, resolution, or ordinance, or pass any
measure, unless a greater number is provided for by law. Upon every vote, the ayes and nays shall be
called and recorded.”
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conflict herewith are hereby repealed.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 circumstances 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.
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Section 5
Effective Date
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana, on the first
reading at a regular session thereof held on the 5th day of February 2007.
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 20th day of February 2007.
_______________________________________
JEFFREY K. KRAUSS, Mayor
ATTEST:
_____________________________________
BRIT FONTENOT
City Clerk
APPROVED AS TO FORM:
___________________________________
PAUL J. LUWE
City Attorney
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