Ordinance 1398 - AMENDS ORD 1166 - Administrative Code Amendment - Duties of Mayor and City Attorney under City Manager213
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ORDINANCE NO. 1398
AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, KALISPELL
MUNICIPAL CODE BY AMENDING ORDINANCE 1166, § 2-3 AMENDING THE
DUTIES OF THE MAYOR; § 2-23 AMENDING THE REVIEW OF ORDINANCES,
RESOLUTIONS AND CONTRACTS; 2-53 AMENDING THE APPOINTMENT OF THE
CITY ATTORNEY; § 2 - 54 AMENDING THE DUTIES OF THE CITY ATTORNEY AND;
AUTHORIZING THE CITY ATTORNEY TO RECODIFY §§ 2-3, 2-23, 2-53, 2-54
IN ACCORDANCE WITH THIS ORDINANCE AND DECLARING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL,
MONTANA AS FOLLOWS:
SECTION I. That Ordinance No.
Kalispell City Code)
as follows:
MAYOR
The Mayor shall:
1166, § 2-3 (§ 2-3,
is hereby amended to read
a) Preside at all City Council Meetings;
b) Appoint, with the consent of the City Council, all
members of advisory boards and commissions;
c) Execute all ordinances, resolutions and contracts
on behalf of the City after Council approval;
d) Perform ceremonial functions as Mayor of the City
of Kalispell;
e) Perform any other duties specifically designated by
Ordinance.
Except for the above, the Mayor shall have no other executive
or administrative duties, those being the responsibility of
the City Manager.
SECTION II. That Ordinance No. 1166, § 2-23 (S 2-23,
Kalispell City Code) is hereby amended to read
as follows:
PREPARATION AND REVIEW
a. Preparation. All Ordinances and Resolutions shall be
prepared by the City Attorney.
b. Review. All Ordinances, Resolutions, and contract
documents shall, before presentation to the Council, be
reviewed by the City Manager or his authorized
representative.
SECTION III. That Ordinance No. 1166, § 2-53 (§ 2-53,
Kalispell City Code) is hereby amended to read
as follows:
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CITY ATTORNEY - APPOINTMENT
The City Attorney shall be appointed by the City Manager and
may be suspended or removed by the City Manager with the
consent of the Council as provided by law or ordinance.
SECTION IV. That Ordinance No. 1166, § 2-54 (§ 2-54,
Kalispell City Code) is hereby amended to read
as follows:
CITY ATTORNEY - DUTIES
The City Attorney, subject to the charge and supervision of
the City Manager, shall:
a. Attend to matters before the City Court, the
District Court and the Montana Supreme Court. and
such other Courts as the Council may direct;
provided, however, that the City Attorney shall
have sole prosecutorial discretion as to all
criminal matters in City Court and upon appeal.
b. Draft for City Manager review on behalf of the City
all contracts, Ordinances and Resolutions;
C. Advise the Manager, all Department Directors and
the Council on matters of duties, rights,
liabilities and powers of the City;
d. Perform such other functions and duties as directed
by the City Manager.
SECTION V.
That the City Attorney is hereby authorized and directed to
recodify §9 2-3, 2-23, 2-53, 2-54, in accordance with this
Ordinance.
SECTION VI.
This Ordinance shall take effect 30 days from and after its
passage by the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 17TH DAY OF SEPTEMBER, 2001.
ATTEST:
Theresa White
City Clerk
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Wm. E. 'oharski
Mayor
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