HomeMy WebLinkAbout20- Ordinance 2047 Emergency Ordinance Granting Temporary Authority to the City Manager p8 BO��,
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ORDINANCE NO. 2047
AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, GRANTING TEMPORARY AUTHORITY TO THE CITY
MANAGER TO APPROVE CONTRACTS AND EXPENDITURES IN FURTHERANCE
OF EMERGENCY DECLARATION AND SUSPENDING STATE AND LOCAL
PROCUREMENT REQUIREMENTS.
WHEREAS, the City of Bozeman (the "City") is authorized by the City Charter and
Montana law to establish programs and laws to protect public the health, safety and welfare of the
citizens of Bozeman; and,
WHEREAS,pursuant to 2.02.140.C,BMC,the City Commission may, by an affirmative
vote of four-fifths of its members, pass emergency measures for the immediate preservation of
the public peace, property, health, or safety; and,
WHEREAS,pursuant to 7-5-104 and 7-5-4303,MCA,the City Commission is authorized
to adopt emergency ordinances in the event of an emergency and to enter into contracts without
complying with the bidding or advertising requirements of state law; and
WHEREAS,pursuant to its Charter,the Montana Constitution,and state law,the City may
exercise any power not prohibited by the constitution, law or charter and neither the Montana
Constitution, state law, or the City Charter prohibits the City Commission from adopting this
Ordinance ; and
WHEREAS, on March 16, 2020, the City Manager issued the Declaration of Emergency
for Covid-19 Pandemic (the"Declaration"); and,
WHEREAS, On March 18, 2020,the City Commission ratified the Declaration; and
WHEREAS,the City Manager requests authority from the Bozeman City Commission to
take all steps necessary to implement the Declaration; and,
ORDINANCE NO.2047
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WHEREAS, the Bozeman City Commission recognizes the emergency nature of the
Covid-19 Pandemic incorporating the findings of the Declaration and the necessity for the City to
ensure the health, safety, and general welfare of the citizens of Bozeman and the City's
employees.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
To implement the Declaration of Emergency for the Covid-19 Pandemic (Declaration), dated
March 16, 2020,the City Commission hereby ordains:
1. The City Manager is authorized to enter into agreements and contracts,and make purchases
and expenditures without adhering to state and local procurement requirements including
those in Titles 7 and 18, MCA and to the City's purchasing policy (Administrative Order
2013-06). This authorization is limited only to agreements, contracts, purchases, and
expenditures reasonably necessary to implement the Declaration and to no other
agreements, contracts,purchases, or expenditures.
2. For agreements, contracts, purchases and expenditures made in fulfillment of the
Declaration the City Manager must comply, if practicable, with federal, state and local
procurement requirements.
3. For all such actions taken under this Ordinance,the City Manager must make available to
the public a list of agreements, purchases, and expenditures wherein state and local
procurement requirements were not adhered to.
4. This Ordinance shall expire after ninety(90)days or upon revocation by the City Manager
of the Declaration of Emergency for Covid-19 Pandemic, whichever is earlier. The City
Commission may extended this Ordinance upon a 4/5 vote of its membership.
Section 2
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
ORDINANCE NO.2047
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the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
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. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
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.
This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a
disposition list in numerical order with all other ordinances of the City.
Section 6
Effective Date.
This ordinance shall be in full force and effect immediately. This Ordinance shall expire
after ninety(90)days or upon revocation of the Declaration of Emergency for Covid-19 Pandemic,
whichever is earlier,unless extended by vote of the City Commission.
ORDINANCE NO.2047
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ADOPTED by a 4/5 vote of the total meinbership of the City Commission of the City of
Bozeman, Montana, at an emergency session held on the 18th day of March, 2020.
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C Mehl
Mayor
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ATTEST: OF. . •02' ,
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Mike Maas, City Clerk ' ' ;��� •
City Clerlc '*, '. '� ••
APPRO OED AS T ORM:
G LIVAN
City A ey
ORDINANCE NO.2047
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