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HomeMy WebLinkAboutOrdinance 1857, Creation of Parks, Trails, Open Space Review Committteeso ORDINANCE NO. 1857 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMMENDED BY ADDING CHAPTER 21, ARTICLE 5, DIVISION 19 OF SAID CODE PROVIDING FOR THE CREATION OF THE TRAILS, OPEN SPACE, AND PARKS (TOP) BOND REVIEW COMMITTEE AND ESTABLISHING THE DUTIES AND RESPONSIBILITIES THEREOF. WHEREAS, On July 16, 2012 the City Commission. of Bozeman, Montana approved Resolution No. 4386 to allow the qualified electors of the City of Bozeman, Montana, to decide upon the question of issuing general obligation bonds in the amount of up to fifteen million and no/100 dollars ($15,000,000.00) for various purposes related to parks, trails, and open space; and WHEREAS, on November 6, 2012 the qualified electors voted to permit the City to issue said bonds; and WHEREAS, in Resolution No. 4386 the City Commission committed to the designation of an advisory board or committee to review and make recommendations to the Commission on proposals for use of parks,trails and open space bond funds. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section I That the table of contents for Chapter 2, Article 2, be revised to include Division 19 Trails, Open Space, and Parks Committee). ORDINANCE NO. 1857 Page 1 of 6 Section 2 That a new division be added to Chapter 2, Article 2, Bozeman Municipal Code to read as follows: Sec. 2.05.3100. -Purpose and intent. The purpose and intent of this division is to provide for a parks, trails and open space bond review committee consisting of citizens, community leaders, and experienced professionals; to advise the city commission on parks, trails and open space development possibilities and to assist in the implementation of the City of Bozeman 2012 Parks, Trails, and Open Space Bond as adopted by Resolution No. 4386 and approved by the voters on November 6, 2012. Sec. 2.05.3010. - Creation; powers, duties and authority; membership. A. Creation;powers, duties and authority. The city commission creates the trails, open space, and parks (TOP) committee and authorizes the TOP to exercise the following powers and duties: 1. Assist the city commission in the establishment of procedures and guidelines for the evaluation of projects for which funds are proposed to be expended. 2. Review and make recommendations to the city commission on proposals for use of parks, trails, and open space bond funds. 3. Adopt bylaws for the operation of the committee, subject to the approval of the city commission. 4. The TOP may have such other duties and responsibilities as directed by the city commission. B. ,fictions advisory only. The actions of the TOP shall be advisory only and shall not constitute policy of the city and shall not be binding upon the city commission or upon the city. The commission may adopt all or any part of any recommendation of the TOP, with or without any changes made by the city commission as city policy. C. Memhers; appointments and terms. 1. All appointments to the TOP shall be made by the city commission. 2. One voting member shall be a member of the recreation and parks advisory board (RPAB). The RPAB may make a recommendation on appointment of its member to TOP. 3. The director of the Bozeman parks and recreation department shall serve as an ex-officio member of the TOP. ORDINANCE NO. 1857 Page 2 of 6 4. There shall be five (5) members of the TOP committee. The terms of the initial five members shall be as follows: One (1) member to serve for one (1) year, two (2) members to serve for two (2) years, and two (2) members to serve for three (3) years from the date of their appointment. After initial terms, TOP members shall serve three (3) year staggered terms. Each member may be reappointed with a three (3) term limitation on the number of reappointments. Vacancies shall be filled in the same manner as original appointments for the balance of the term remaining, 5. The city commission shall affirm one commissioner to act as liaison between the TOP and city commission. 6. A TOP member shall receive no compensation for the member's service. TOP members shall be entitled to previously authorized expenses, including travel expenses, incurred during the discharge of duties. 7. TOP members shall reside within the city limits of Bozeman and shall have expertise in such areas as finance, real estate, landscape architecture, public health, planning, or law. 8. A TOP member may be removed by a majority vote of the commission at any time for any reason. D. C.ffice of agency; staffs pport. The TOP shall maintain its records in the office of the city staff person designated by the city manager to assist the TOP. The staff person so designated shall attend most meetings of the TOP and will be responsible to assist the TOP in the scheduling of meetings, preparation and distribution of agendas and meeting minutes and perform other supportive functions that may be considered reasonable in the execution of the duties of the TOP. The staff person may also serve as the liaison between the committee, the city manager and the city commission. E. Meetings; election of officers. 1. The TOP shall hold meetings as it deems necessary to execute its powers and duties as provided in this section. 2. The TOP shall adopt bylaws enabling it to elect officers, set officer terms, and establish regular meeting times. F. Duration. The TOP shall remain in effect as long as necessary to achieve the goals of the committee. G. Ethics provisions. ORDINANCE NO. 1857 Page 3 of 6 All TOP activities and members are subject to all other provisions of this Code, including article 3, division 4 of this chapter, pertaining to the code of ethics. H. Iale law applicable. All meetings of the 'FOP shall be subject to the state's open meeting laws and may not be held with less than 49 hour notice. All written and electronic communication and information shall be considered a public record and subject to disclosure pursuant to state law." Section 3 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4 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. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 5 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 6 ORDINANCE NO. 1857 Page 4 of 6 Codification. This Ordinance shall be codified as indicated in Sections one (1) and two (2). Section 7 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 first reading at a regular session held on the 25'1' day of January, 2013. SEAN A. BECKER, MAYOR ATI E S ST CY,ENS CM C City Cle 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 18"' of March, 2013. The effective date of this ordinance is April, 18"' , 2013, LSEAN Z. BECKER, MAYO R ATTEST: ORDINANCE NO. 1857 Pare 5 of 6 r 4 a IXI p V ST CY, L Irv, Cit Cley APPROVE S TO FORM: SULLIVAN City Attorney ORDINANCE NO. 1857 Pane 6 of 6