Ordinance 1166 - Establishes Administrative Code1�4
ORDINANCE NO. 1166
AN ORDINANCE ESTABLISHING AN ADMINISTRATIVE CODE CONSISTENT WITH
THE COMMISSION -MANAGER FORM OF GOVERNMENT, REPEALING IN ITS
ENTIRETY CHAPTER 2, KALISPELL CITY CODE .AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, by Special Election held November 7, 1989, pursuant
to Article XI, Section 3(1), Montana Constitution and Title 7,
Chapter 3, Part 1 Montana Code Annotated qualified electors of
the City of Kalispell, adopted the Commission -Manager (Council -
Manager) form of government, and
WHEREAS, the governing body of the City of Kalispell is
authorized, under Section 7-3-157, Montana Code Annotated to
enact and enforce ordinances necessary to implement an orderly
transition to the new form of government, and
WHEREAS, the governing body of the City of Kalispell deems
it necessary to establish an administrative code consistent with
the Commission -Manager form of government.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KALISPELL AS FOLLOWS:
SECTION_ I. That there is hereby established the
following Administrative Code for the City of
Kalispell:
Chapter 2
Administration
Article -I Elected Officials
Section 2-1 cj:Ly Council. The Commission
shall be referred to as the City Council and
shall consist of eight members serving terms
of four years.
Section 2--2 Mayor. The Chairman of the City
Council, shall be known as the Mayor, shall
be elected at large and shall.be the ninth
voting member of the Council.
Section 2-3 Duties of Mayor_ The Mayor
shall:
a. Preside at all City Council
Meetings.
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b. Appoint, with the consent of
the City Council, all members of
advisory boards and commissions,
and the City Attorney.
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 2-4 President of the Council. a) At
its first meeting of each even numbered year,
the Council shall elect, by secret ballot, a
president from its membership. In the
Mayor's absence from Council meetings the
president shall preside over the meeting.
Whenever the Mayor is unable to perform the
functions of his office, the president shall
act as Mayor.
b) In the event the President of the Council
resigns or becomes ineligible to serve, the
Council shall elect a successor, by secret
ballot, from its membership.
Section 2-5 Elections. Primary elections
shall be held in accordance with State law.
Article II Meetings and Procedure
Section 2-6 Regular Meetin s. The City
Council shall hold regular meetings on the
first and third Monday of each month at 7:00
o'clock P.M. in the City Council Chambers or
any other location or time they so designate.
The City Council Chambers is located in City
Hall, 336 First Avenue East, Kalispell,
Montana.
Section 2-7 Procedure when regular meetin
falls on holiday. on those days when a
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regularly scheduled meeting of the City
Council falls upon a legal holiday, the City
Council shall hold its regular meeting on
theTuesday next succeeding the legal holiday
at the hour of 7:00 o'clock P.M. in the City
Council Chambers, City Hall, Kalispell,
Montana.
Section 2-8 Special Meetincrs.
a. The Mayor, or in his absence,
the President of the Council, may
call a special meeting of the
Council whenever public business
may require it.
b. A special meeting may be called
at the request of three members of
the Council.
C. Whenever a special meeting
shall be called, a summons or a
notice in writing signed by the
Mayor or the Council President
shall be served upon each member of
the Council either in person or by
notice left at their place of
residence, stating the date and
hour of the meeting,
d. No business shall be transacted
at a special meeting unless the
same is stated in the notice.
e. Notice of a special meeting
must be served upon the Council at
least 24 hours prior to the
meeting.
f. A special meeting may also be
held without the service of notice,
only if the Mayor and a majority of
all the Council, prior to the
meeting, sign a waiver of said
notice, but in this event, the
public media .shall be notified as
soon as practical, prior to such
meeting.
Section-2-9 Open Meeting. All meetings of the
Council and Committees shall be subject to
the State of Montana, Open Meeting Law and
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shall be regulated, accordingly, to insure
public participation.
Section 2-10 Agenda.
a. The City Manager shall set the
agenda for the City Council
meeting.
b. All reports, communications,
ordinances, resolutions, contract
documents, or other matters for
possible submission to the Council
shall be submitted by 5:00 o'clock
P.M. Thursday preceding the Council
meeting to the City Manager.
Section 2-11 Reading_ of Minutes. Minutes of
the Council meeting may be approved without a
full reading at the City Council meeting.
Section 2-12 Council Rules of Debate.
a. The Mayor or President or such
other member of the Council as may
be presiding may debate from the
chair, subject only to such
limitations of debate as are
imposed upon,all members.
b. Every person desiring to speak
shall address the chair, and, upon
recognition by the presiding
officer, shall be confined to the
question under debate.
C. Once a person is recognized,
there shall be no interruption when
speaking unless it be to call the
to order or as otherwise
,speaker
provided. If a person, while
speaking, is called to order, the
person shall cease speaking until
the question of order be
determined, and, if in order, shall
be permitted to proceed.
d. All personalities and
indecorous language shall be
avoided during any debate.
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e. The member moving the adoption
of any ordinance or resolution or
other matter shall have the
privilege of closing the debate.
Section 2--13 Parliamentary uestions. All
parliamentary questions which may arise
before the Council, not otherwise provided
for shall be determined by Roberts Rules of
order, 1990 Edition.
Section 2-14 Voting Procedure.
a. In order for a motion to be
adopted by the Council, the motion
must receive an affirmative vote
from the majority of the Council
present at the meeting, unless
otherwise provided by State law or
ordinance.
b. Votes on Resolutions and
ordinances shall be taken by roll
call and each member°s vote shall
be recorded in the minutes.
C. Votes on motions other than
Resolutions and ordinances shall be
taken viva voce. If any member of
the Council requests, or if the
Mayor determines it necessary, a
show of hands may be used to verify
a vote.
d. When a question is stated upon
any matter before the Council,
every member of the Council present
shall vote unless
1. Excused by a majority
vote of the Council
present;
2. Directly interested
in the question; or
3. Prohibited by State
law,
in which cases the Council member
shall not vote.
e. The Clerk in calling the roll
call vote shall rotate the call
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each meeting to members of the
Council present, except that the
Chairman of the meeting shall vote
last.
f. No Council member shall perform
any official act directly and
substantially affecting to its
economic benefit a business or
other undertaking in which he/she
either has a substantial financial
interest or is engaged as counsel,
consultant, representative, or
agent.
g. A Council member may perform an
official act not withstanding the
provisions of Section e, supra,
when his/her participation is
necessary to obtain a quorum or
otherwise enable the body to act,
if he/she complies with the
voluntary disclosure procedures
under Section 2-2-131, MCA.
Section 2-15 Presiding Officer
a. The Presiding officer shall be
the Mayor; in the absence of the
Mayor, the President of the
Council; or in the absence of both,
such other member as the Council
may designate.
b. The Presiding officer shall
preserve strict order and decorum
at all meetings of the Council.
C. Every question coming before
the Council shall be stated, the
decision of the Council shall be
announced, and the Presiding
officer shall decide all questions
of order, subject, however, to an
appeal to the Council, in which
event a majority vote of the
members present shall govern and
conclusively determine such
questions of order.
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Section 2-16 Call to Order. The Presiding
officer shall take the chair precisely at the
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hour appointed for the meeting and shall
immediately call the Council to order.
Section 2-17 Roll Call. Before proceeding
with the business of the Council, the Clerk
of the Council shall call the roll of the
members and the names of those present shall
be entered on the minutes.
Section 2-1B Quorum. A majority of all
elected members of the Council shall
constitute the quorum at any regular or
special meeting of the Council.
Section 2-19 Entry U on Minutes. A Council
member may request, through the Presiding
Officer, the privilege of having an abstract
of his statement on any subject under
consideration by the Council entered in the
minutes. The Clerk of Council may be
directed by the Presiding Officer, with the
consent of the Council, to enter in the
minutes a synopsis or abstract of the
discussion upon any question regularly before
the Council.
Section 2-20 Manner of Addressing Council.
a. . Each person not a Council
member shall address the Council,
at the time designated in the
agenda or as directed by the
Council, by stepping to the podium
or microphone, giving that person's
name and address in an audible tone
of voice for the record, and unless
further time is granted by the
Council, shall limit the address to
the Council to three minutes.
b. All remarks shall be addressed
to the Council as a body and not to
any member of the Council or staff.
C. No person, other than the
Council and the person having the
floor, shall be,permitted to enter
into any discussion either directly
or through a member of the Council,
without the permission of the
Presiding Officer.
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d. No question shall be asked of
individuals except through the
Presiding Officer.
Section 2-21 Decorum.
a. By Council Members. While the
Council is in session, the
members
must preserve order and
decorum,
and the members shall neither, by
conversation or otherwise,
interrupt the proceedings
delay or
or the
peace of the Council, nor
disturb
any member while speaking or refuse
to obey the orders of the
Council
or its Presiding officer.
b. By other Persons. Any person
making personal, impertinent, or
slanderous remarks or who becomes
boisterous while addressing the
Council shall be forthwith, by the
Presiding officer, barred from
further audience before the
Council, unless permission to
continue be granted by majority
vote of the Council.
Section 2-22 Enforcement of Decorum. The
Chief of Police or such member or members of
the Police Department as the Chief may
designate, shall be the sergeant -at -arms of
the Council meetings.
1. The sergeant -at -arms shall
carry out all orders and
instructions given by the presiding
officer for the purpose of
maintaining order and decorum at
the Council meetings.
2. Upon instructions of the
presiding officer, it shall be the
duty of the sergeant -at -arms, or
.any of them present, to place any
person who violates the order of
decorum of the meeting under
arrest, and cause that person to be
prosecuted under the provisions of
this code, the complaint to be
signed by the presiding officer.
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Article III ordinances Resolutions
Motions and Contracts
Section 2-23 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
Attorney. or his authorized
representative.
Section 2--24 Reading, and posting of
Ordinances and Resolutions.
a. Reading of Ordinance. An
ordinance must be read and adopted
by a majority vote of the .members
present at each of two meetings of
the City Council not less than 12
days apart.
b. Reading of Resolution. A
Resolution may be submitted and
adopted at a single meeting of the
City Council by a majority vote of
the members present at said
meeting.
c. Title Only, All Ordinances and
Resolutions may be read by title
only when presented, unless a
Council member requests' that the
entire Ordinance or Resolution be
read.
d. Majority Vote. if an Ordinance
does not receive a majority vote
upon first reading, it shall be
deemed defeated and shall not be
presented for second reading.
e. Posting. After first reading
and adoption of an Ordinance it
shall be posted and shall be
available to the public by the
Clerk of the Council.
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Section 2-25 Effective Dates.
a. Ordinances. No Ordinance other
than an emergency ordinance shall
be effective until 30 days after
second and final adoption. An
Ordinance may provide for a delayed
effective date or may provide for
the Ordinance to become effective
upon the fulfillment of an
indicated contingency.
b. Resolutions. A Resolution shall
be immediately effective upon
passage by the Council unless a
delayed effective date is
specified.
Section 2-26 Emergency Ordinances. In the
event of an emergency, the City ,Council may
waive the second reading. An ordinance passed
in response to an emergency shall recite the
facts giving rise to the emergency and
requires a two-thirds vote of the whole
governing body for passage. An Emergency
Ordinance shall be effective upon passage and
approval and shall remain effective for not
more than 90 days. Emergency Ordinances may
only be considered when a measure is
necessary immediately to preserve the peace,
health, and safety of the City or its
residents.
Article IV City manager
Section 2-27 Authority.,
a. City Manager shall be the chief
administrative officer of the
City, responsible for the efficient
and effective administration of all
City departments.
Section 2-20 Duties.
a. The Manager's primary duty is to
insure that the lawful policies
.adopted by the City Council are
carried out as efficiently, fairly
and effectively as possible.
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b. The Manager shall oversee the
preparation of the City's annual
budget for submission to and
review by the City Council.
C. The Manager shall provide
whatever information may be
requested by the City Council and
may make whatever recommendations
on any matters which require action
by the City Council.
d. The Manager shall keep the
public fully informed about all
City activities, programs and
problems and establish and maintain
effective communication with the
news media, community service,
labor and trade organizations and
with representatives of other
governmental agencies and
institutions located in the City,
County, and State.
e. The Manager shall be available
regularly and frequently to receive
citizen complaints and to hear
ideas and proposals for the
improvement of the City and
Community.
f. The Manager shall represent the
City in the administration of all
interlocal service agreements or
intergovernmental administration
agencies, such as the City -County
Health Board and the County
Administrative Board, and to serve
as the City's administrative
representative to various citizen
advisory groups, including, but
not limited to, the City -County
Planning Board and Zoning
Commission.
Section 2-29 StatutOry Authorit and Duties.
The City Manager shall:
a. Enforce laws,
Resolutions;
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b. Perform the duties required of
him by law, Ordinances or
Resolutions;
d. Administer the affairs of local
government;
d. Direct, supervise, and
administer all departments,
agencies and offices of the local
government unit except as otherwise
provided by law or Ordinance;
e. Carry out policies established
by the City Council;
f. Prepare the City Council.agenda;
g. Recommend measures to the City
Council;
h. Report to the City Council on
affairs and financial condition of
the City;
i. Execute bonds, notes, contracts,
and written obligations of the City
Council, subject to approval of the
City Council;
j. Report to the City Council as
the Council may require;
k. Attend City Council meetings and
may take part in the discussion,
but shall have no vote;
1. Prepare and present the budget
to the City Council for its
approval and execute the budget
adopted by the City Council;
m. Appoint, suspend, and remove all
employees of the local government
except as otherwise provided by law
or Ordinance;
n. Appoint members of temporary
advisory committees established by
the Manager.
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Section 2-30 Appointment and Tenure of
Manager. The Manager shall be hired on the
basis of merit and shall serve at the
pleasure of the City Council.
Article V Miscellaneous Provisions
Section 2-31 Initiative and Referendum._ The
powers of initiative and referendum may be
exercised by the electors of the City in
conformity with State law.
Section 2-32 Petitions.
a. Petitions for initiative,
referendum, recall or other State
law, authorizing a petition, shall
meet the requirements as to form
and signatures as set forth in
State law.
b. No particular form for other
petitions shall be required.
Section '2-33 Code of. Ethics. Every member of
the City Council, City Attorney, and City
Manager shall be subject to the Code of
]Ethics provisions of State law that prohibit
conflict between public duty and private
interest.
Section 2-34 Publications of Notice. Whenever
required to publish notice, the City shall
conform to the requirements of State law.
Article VI Officers
Section 2-35 ualificati.e
qualifications for elected or appointedCity
Officers shall be those qualifications set
forth in State law.
Section 2-36 Residence of City Manager. The
City Manager must reside in the City of
Kalispell.
Section 2-3� Officers of the City- The
officers of the City shall consist of:
a. All elected positions;
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b. The City Manager, who shall be
appointed by the City Council.
c. The City Attorney, who shall be
appointed by the Mayor, with the
advise and consent of the City
Council;
d. The City Manager shall appoint
the following City Officers:
1. Chief of Police,
2. Fire Chief,
3. Finance Director,
4. Public Works Director,
5. Planning, Economic and
Community Development
Director,
6. Parks/Recreation
Director.
Section 2-38 Elected Officer Removal and
Vacancy.. The removal of any elected officer
or the filling of any vacancy in an elected
office shall be conducted in accordance with
State law.
Section 2-39 Compensation. The annual salary
of all officers, elected and appointed, shall
be set each year by the budget resolution.
Section 2-40 Term. All officers, elected or
appointed, shall continue to act in the
office to which they were elected or
appointed, regardless of the term of office,
until a successor is sworn in, or otherwise
provided by contract.
- Section 2-41 Oath. All elected and appointed
officers shall take and subscribe to the
prescribed oath of office, which oath shall
be filed with the Clerk of the Council.
Section 2-42 Office Hours of City Officers.
City offices at all City facilities shall be
open. for the transaction of business Monday
through Friday of each week from 8:00 o'clock
A.M. to 5:00 o'clock P.M., unless otherwise
posted.
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Section 2-43 Travel Policy-.
a. All City Officers and employees
shall be entitled to reimbursement
of reasonable expenses incurred in
traveling outside the City in the
performance of their official
duties.
b. Officers and employees shall be
encouraged to use restraint
incurring expenses for out of town travel.
C. Travel by employees shall
require the prior approval of the
City Officer supervising the
department in which they work.
d. Travel by City Officers,
appointed by the City Manager,
requires the prior approval of the
Manager.
f. The City shall reimburse travel
expenses within the State of
Montana as follows:
1. All Officers and
employees shall .be
authorized the actual
cost of, lodging, subject
to the provisions of
Sections c and d, supra.
All claims for lodging
expense must be
documented by the
appropriate receipt.
2. All Officers and
employees shall be.
reimbursed for meal
expense at the rate of
$20.00 per day; $5.00 for
breakfast, $5.00 for
lunch and $10.00 for
dinner. Reimbursement
for meals involving less
than a full day absence
from the City shall be
determined under the
"travel status" rules set
forth in State law.
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3. Automobile% expense
incurred in travel shall
be reimbursed: i) actual
receipted expenses when
City -owned vehicle is
used or ii) at a rate
equal to the mileage
(distance actually
traveled) allotment
allowed by the U.S.
Internal Revenue Service
for the current year.
4. Airfare travel
expenses shall be billed
directly to the City or
incurred only with the
advance approval of the
Manager.
5. City Officers may be
r e i m b u r s e d f o r
reasonable expenses
incurred in performance
of their duties.
g. The City shall reimburse per
diem expenses for out of state
travel as follows:
1. All Officers and
employees shall be
reimbursed for meal
expense at the rate of
$32.00 per day; $8.00 for
breakfast, $8.00 for
lunch and $16.00 for
dinner.
Article VII Appointed Officers
Section 2-44 Finance Director. The Finance
Director shall, subject to the charge and
supervision of the Manager, be responsible
for the following:
a. Keep and supervise all accounts
of public money in the custody of
the City;
b. Collect, deposit, invest and
disburse all City funds in a manner
authorized by law or Ordinance;
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c. Supervise all accounts of all
departments and offices of the
City;
d. Assist in providing information
for budget preparation and assist
with the development of the budget
document;
e. File proper reports with all
Federal and State agencies as
required;
f. Assist in the development of
and administration of the City`s
personnel policy procedures,
including training, recruitment,
selection, and labor relations;
g. Enter into books all
Ordinances, Resolutions, and bylaws
passed and adopted by the Council;
h. Countersign and cause to be
published or posed, as provided by
law all Ordinances and Resolutions
passed and adopted by the Council;
j. File and keep all records,
books or property belonging to the
City and deliver the same to
his/her successor when qualified;
k. Make certified copies of all
records, books, and papers in
his/her possession on the payment
of like fees as are allowed to
County Clerks;
1. Sign, number, and keep a record
of all licenses, commissions, or
permits granted or authorized by
the City Council;
m. Make and keep a complete index
of the Minute Book, Ordinance Book,
Resolution Book, and all other
books and papers on file in his/her
office;
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n. Take and administer oaths, but
must not charge or receive any fee
therefore;
o. Perform such other and further
functions as may be directed by the
City Manager.
Section 2-45 Public Works Director. The
Public Works Director, subject to the charge
and supervision of the Manager, shall:
a. Manage and have charge of the
construction, improvement, repair
and maintenance of streets,
sidewalks, alleys, lanes, bridges,
sewers, water distribution systems,
drains, boulevards, and other
public places or grounds belonging
to the City or dedicated to public
use, except parks and playgrounds.
b. Manage the sewer disposal plant
and all City owned public
utilities and supervise the
collection and disposal of waste.
.c. Supervise the making of all
surveys, maps, plans, drawings and
estimates for public work;
d. Supervise the employees and
personnel of the Department of
Public Works, including but not
limited to the Water Division,
Sewer Division, Wastewater
Treatment Plant, Garbage Division,
Street Division, Engineering
Division, Construction Division,
Traffic Signal and Sign Division,
and Central Garage;
e. Act as the City Engineer and
must possess the proper education
.and Professional Engineer (P. E.)
licenses.
f. Perform such other functions as
may be assigned by the City
Manager.
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Section 2-46 Police Chief. The Police Chief
shall, subject to the charge and supervision
of the Manager:
a. Execute and return all process
issued by the City Judge or
directed to him/her by any legal
authority and to attend upon the
City Court regularly;
b. Arrest all persons guilty of
breach of the peace or for the
violation of any City Ordinance,
within the City limits or within a
five mile radius thereof, . and
bring them before the City Judge
for trial;
c. Have charge and control of all
policemen and to report to the
Council all delinquencies or
neglect of duty or official
misconduct of policemen for action
of the Council;
d. Serve process in civil actions
arising in the City Court;
e. Report at least monthly to the
City Council in writing giving the
number of arrests made during the
preceding month for offenses
against the Ordinances of the City,
and for offenses against the laws
of the State.
f. Undertake such other and further
activities as may be directed by
the Manager.
Section 2-47 Appointment of Police Officers.
Subject to the provisions set forth in State
law, the Manager shall make appointments to
the Kalispell Police Department, with the
consent of the City Council.
Section 2-48 Fire Chief. The Fire Chief shall
subject to the charge and direction of the
Manager:
a. Command and control all persons
connected with the Fire Department
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of the City;
b. Be responsible for the engines,
ambulances and other apparatus and
property of the City furnished to
the Fire Department and see that
said equipment is ready at all time
for use in extinguishing fires and
responding to emergencies;
c. Have full authority over the
Fire Department's organization,
government and discipline and may
establish disciplinary rules
subject to approval by the Council;
d. Examine the premises of
occupancies listed in Title 50,
Chapter 61, M.C.A. or the Uniform
Fire Code for violations of law or
regulations and enter school
buildings within the City once
every 12 months and other premises
subject to law or regulation once
.every 18 months.
e. Report at least monthly to the
City Council on the activities of
the Fire Department for the
preceding month.
f. Undertake such other and further
activities as may be directed by
the Manager.
Section 2-49 Appointment of Firefighters.
Subject to the provisions of State law, the
City Manager shall appoint all members of the
Fire..Department, with the consent of the City
Council.
Section 2-50 Parks and Recreation Director.
The Parks and Recreation Director, subject to
the .charge and supervision of the Manager,
shall:
a. Manage and control all parks
belonging to the City;
b. By coordinating through the
Department of Public Works, manage
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and control all trees and other
plants upon the streets, avenues,
boulevards and public places within
the City and designate the
character and quality of all trees
planted upon the streets, avenues
and boulevards and other public
places;
c. Lay out, establish, improve and
maintain parkways, drives and walks
in the parks of the City and make
plans thereof;
d. Establish when and what parks
shall be open to the public;
e. Establish and maintain nurseries
for the growth of trees and plants;
f. Establish recreational programs
utilizing City parks and facilities
which benefit all City residents as
authorized by State law;
g. Undertake such other and further
activities as directed by the
Manager.
Section 2-51 Planning, Economic and Co unit
Develo went Director. Subject to the charge
and supervision of the Manager, the Community
Planning and Economic Development Director
shall:
a. Administer and carry out the
policies established by the Council
pursuant to the Urban Renewal Law ;
b. Direct the inspection of
buildings constructed within the
city's jurisdictional area and
administer enforcement of the
Uniform Building Code, the Uniform
Plumbing Code, the Uniform
Mechanical Code, the Uniform Code
for the Abatement of Dangerous
Buildings, Uniform Housing Code,
and the CABO One & Two Family
Dwelling Code;
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c. Direct the City's efforts to
furnish assistance in the
rehabilitation of private dwellings
within the City;
d. Supervise the administration of
the City of Kalispell Zoning
Ordinance;
e. Coordinate City activities
involving planning including
annexations and subdivisions;
f. Inform and advise the Manager on
provisions and changes in the
Kalispell City -County Master Plan;
e. Administer the City's commercial
loan and commercial rehabilitation
grant programs and be responsible
for City oversite of Tax Increment
Policy;
f. Undertake such other and further
activity as may be directed by the
Manager.
Article VIII City Attorne
Section
2-52 Oualifications. The City
Attorney
shall be a person who has been
licensed
to practice law in the State of
Montana
for a period of at least three (3)
years next preceding his/her appointment.
Section
be
2-53 Appointment. The City Attorney
appointed by the City Council to a
shall
two year
term, unless suspended or removed by
the Council
as provided by law.
Section
2-54 Duties. The City Attorney 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.
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b. Draw on behalf of the City all
contracts, Ordinances and
Resolutions;
C. Advise the Manager 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 Council.
Article IX Removal of City Attorney and
Manage
Section 2-55 Sus ension or Removal of Cit
Attorney or City Manager. The City Council by
majority vote of the whole Council may
suspend or remove the City Attorney or City
Manager only after notice to the party and
hearing before the Council.
Article X Miscellaneous
_Section 2-56 Nepotism. All officers shall be
subject. to State law with regard to
restrictions upon nepotism in the
appointment or employment of any person.
Section 2-57 Interest in sale or purchase.
All officers shall be subject to State law
prohibiting an interest, as defined in State
law, in any City Contract or in sales or
purchases by the City.
Section II. This Ordinance shall become effective
thirty (30) days after final passage by the Council and
approval by the Mayor.
PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND APPROVED
BY THE MAYOR, THIS i st DAY OF July _, 199
Doua Rauthe
gl
Mayor
Attests
at4""�Z Zo'L a,
Finan a Director
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