Ordinance 1840 - Emergency - COVID-19 PandemicORDINANCE NO. 1840
AN ORDINANCE RATIFYING THE DECLARATION OF EMERGENCY FOR COVID-19
PANDEMIC; AND ESTABLISHING AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, the City Manager of the City of Kalispell has issued a Declaration of a State of Local
Disaster Emergency in respect to the COVID-19 pandemic ["the Declaration']; and
WHEREAS, the City Council finds the Declaration to be in the best interests of the health and
general welfare of the City and its residents and therefore desires to ratify the
issuance of the Declaration.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA, AS FOLLOWS:
SECTION 1. Pursuant to the authority of MCA § 10-3-402, and KMC 2-26 the Kalispell
City Council hereby agrees with and adopts the findings stated in the
Declaration and ratifies the same.
SECTION 2. To support any expenditures incurred by the City in implementing the
actions identified in the Declaration, the City may seek emergency millage
not to exceed 2 mills of the taxable value of the affected area, being the
municipal limits of the City of Kalispell, during a period of one year from
the date of passage of this Declaration. Expenditure of levied revenue
must be approved by the City Council and any retained funds shall be
separated for future emergencies. The City may also seek financial
assistance and reimbursement from the Federal Emergency Management
Agency and the State of Montana Emergency and Disaster Fund, as
appropriate.
SECTION 3. This Ordinance, pursuant to KMC 2-26, is effective upon passage and
approval and shall not remain effective for more than ninety (90) days.
PASSED AND APPROVED BY THE CITY COUNCIL BY AT LEAST 2/3RD VOTE AND
SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, MONTANA THIS 6TH DAY OF
APRIL, 2020.
ATTEST:
Ainlee Brunckhorst, CMC
City Clerk
r
r �
Mark John on
Mayor
OAT'•.!
SE _
1892
CITY OF City of Kalispell
KTALISPELL Post Office Box 1997 -Kalispell, Montana 59903-1997
elephone (406) 758-7700 Fax - (406) 758-7758
MEMORANDUM
To: Honorable Mayor Johnson and City Council
And: For publication to all residents of the City of Kalispell
Re: Declaration of a State of Local Disaster Emergency
Date: April 6, 2020
By the statutory authority vested in MCA 10-3-402, and based upon the findings of fact set forth
below, I am, at this time, declaring a state of local disaster emergency for the City of Kalispell.
FINDINGS OF FACT
✓ The World Health Organization has declared the Coronavirus Disease ("COVID-19") a
global pandemic that is controllable via precautionary measures to stop the spread of the
disease; and
✓ The United States Centers of Disease Control and Prevention (CDC) indicates there is a
widespread epidemic across the United States as a result of COVID-19; and
✓ Individuals across the State of Montana have begun to test positive for COVID-19; and
✓ On March 12, 2020, Governor Bullock issued an Executive Order declaring an
emergency exists within the State of Montana related to COVID-19; and
✓ On March 19, 2020, the Flathead County Commissioners, by resolution, declared a
Public Health Emergency related to COVID-19, pursuant to § 10-3-402, MCA; and
✓ Section 10-3-402, MCA, gives to the principle executive officer of a local political
subdivision the authority and duty to declare a state of local emergency ("Declaration")
whenever the principle executive officer determines there is an emergency; and
✓ The City Manager is the statutory principal executive officer of the City of Kalispell; and
✓ The City of Kalispell faces an imminent threat to life and public health resulting from
COVID-19; and
✓ The circumstances of this pandemic may exceed the capacity of the services, personnel,
equipment, supplies, facilities, funding, and other resources of the City of Kalispell; and
✓ The availability and utilization of all necessary city services, equipment, and other
resources will further the efforts to protect health and safety and to preserve the lives,
property, and resources of the people of the City of Kalispell.
Therefore, as City Manager of the City of Kalispell, Montana, I hereby declare:
1. A state of local emergency pursuant to Section 10-3-402, MCA.
2. This Declaration shall activate the response and recovery aspects of any and all adopted
local and interjurisdictional disaster emergency plans and programs, and authorize the
application for emergency funding, furnishing of aid and assistance in accordance with such
plan.
3. The City Manager has the authority, pursuant to Section 10-3-406, MCA, to prevent
ingress to or egress from all or part of the City and to direct law enforcement to enforce
quarantines and curfews in all or parts of the City concurrent with or at the direction of the
County Board of Health Officer.
4. The City Manager will adhere to and implement all directives provided by the Governor
of the State of Montana and the County Health Officer or Board of Health regarding the COVID-
19 pandemic.
5. Regular meetings of the City Council, as required by Section 2-6 of the Kalispell
Municipal Code may be cancelled or may be held via electronic means with audio and visual
communications.
6. Meetings of boards, commissions, and advisory groups and all other scheduled public
meetings and hearings of the City Council may be temporarily postponed. Meetings that are held,
may be held via electronic means with audio and visual communication.
7. The City Manager has the authority to administer all affairs, departments, and personnel
of the City, including, but not limited to, implementing orders for employees to work from home
and self -quarantine.
8. The City Manager has authority to approve contracts and expenditures in furtherance of
implementing the Resolutions passed by the City Council and this Declaration, and taking all
measures deemed necessary to address the emergency, subject to retroactive approval by the
council.
9. The City Manager, pursuant to KC 2-26, upon ratification of this Declaration by a 2 3`a M
vote of the City Council, 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. 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.
10. All City departments and agencies are authorized to take appropriate action to assist the
City Manager, federal, state, and local agencies, and other individuals in containing, preparing
for, responding to, and recovering from this emergency, to protect City and local property, and to
provide such other assistance as is necessary to protect the public health, welfare, and safety of
the residents of the City, including any personnel, equipment, supplies, facilities, funding, and
other resources deemed necessary to assist with preventing, and combating COVID-19.
11. This Declaration is effective immediately and shall terminate upon subsequent order from
the City Manager or the City of Kalispell.
12. Copies of this Declaration shall be filed with the County Clerk and Recorder, the City
Clerk, and the Montana Disaster and Emergency Services Division in Helena.
13. The public shall be notified of this Declaration as soon as reasonably feasible through
general dissemination to the news media, posting on the city website and social media accounts,
or using other means of communication appropriate for informing the general public.
Declared by the City Manager of the City of Kalispell, Montana, on this _ e��? day of April,
2020.
oug I&sell
City Manager
ATTEST:
By:
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