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2. Ordinance 1336 - KCC - City Clerk - 1st ReadingREPORT TO: Honorable Mayor and City Council FROM: Glen Neier, City Attorney SUBJECT: Ordinance No. 1336 MEETING DATE: October 18, 1999 BACKGROUND: Ordinance No. 1336 revises Chapter 2, Article VII, Administration, Kalispell Ci . Code (Ordinance No. 1166) by establishing a City Clerk position. Ordinance No. 1166 designated the Finance Director as having the statutory duties of a City Clerk. Ordinance No. 1336 prescribes the position of City Clerk and transfers the statutory duties, as well as those assigned by the City Manager, to the newly created position. The City Clerk under Ordinance No. 1336 would be subject to the charge and supervision of the City Manager. The Finance Director's fiscal duties have not been altered in Ordinance No. 1336. The basis for said duties can be located in § 7-3-4431, MCA. The provisions of Montana law, (§§ 7-6-4104 & 7-6- 4141, MCA) pertaining to the duties of City Treasurers do not properly address the expanded duties of a finance officer. RECOMMENDATION: The City Council pass Ordinance No. 1336 on first reading. FISCAL EFFECTS: None. ALTERNATIVES: As suggested by Council. Respectiv 1 submitted, en Nei, r City Attorney Report compiled October 14, 1999 Post Office Box 1997 • Kalispell, Montana 59903-1997 Telephone (406) 758-7700 • FAX (406) 758-7758 ORDINANCE NO. 1336 AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, KALISPELL MUNICIPAL CODE BY AMENDING ORDINANCE 1166, § 2-44 ADJUSTING THE DUTIES OF THE CITY FINANCE DIRECTOR, CREATING THE POSITION OF CITY CLERK, ESTABLISHING DUTIES THEREOF AND; AUTHORIZING THE CITY ATTORNEY TO RECODIFY S 2-44 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. 1166, § 2-44 (S 2-44, Kalispell City Code) is hereby amended to read as follows: 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; 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 and administration of the City's personnel policy procedures, including training, recruitment, selection, and labor relations; g) Perform such other and further functions as may be directed by the City Manager. SECTION II. That there is hereby enacted a § 2-44.1, creating the position of City Clerk, which shall read as follows: CITY CLERK The City Clerk shall, subject to the charge and supervision of the Manager, be responsible for the following: a) Enter into books all Ordinances, Resolutions, and bylaws passed by the Council; b) Countersign and cause to be published or posted, as provided by law, adl Ordinances and Resolutions passed and adopted by the Council; c) File and keep all records, books or property belonging to the City and deliver the same to his/her successor when qualified; d) 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; e) Sign, number, and keep a record of all licenses, commissions, or permits granted or authorized by the Council; f) 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; g) Take and administer oaths, but not charge or receive any fee therefore; h) Perform such other and further functions as may be directed by the City Manager. SECTION III. That the City Attorney is hereby authorized and directed to recodify § 2-44, in accordance with this Ordinance. SECTION IV. 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 DAY OF ,1999. Wm. E. Boharski Mayor Attest: Theresa White City Clerk ORDINANCE NO. 1336 AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, KALISPELL MUNICIPAL CODE BY AMENDING ORDINANCE 1166, § 2-44; AUTHORIZING THE CITY ATTORNEY TO RECODIFY § 2-44 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. 1166, § 2-44 (§ 2-44, Kalispell City Code) is hereby amended to read as follows: 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; 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 and administration of the City's personnel policy procedures, including training, recruitment, selection, and labor relations; g) Perform such other and further functions as may be directed by the City Manager. SECTION II. That there is hereby enacted a S 2-44.1, which shall read as follows: CITY CLERK The City Clerk shall, subject to the charge and supervision of the Manager, be responsible for the following: a) Enter into books all Ordinances, Resolutions, and bylaws passed by the Council; b) Countersign and cause to be published or posted, as provided by law, all Ordinances and Resolutions passed and adopted by the Council; c) File and keep all records, books or property belonging to the City and deliver the same to his/her successor when qualified; d) 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; e) Sign, number, and keep a record of all licenses, commissions, or permits granted or authorized by the Council; f) 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; g) Take and administer oaths, but not charge or receive any fee therefore; h) Perform such other and further functions as may be directed by the City Manager. SECTION III. That the City Attorney is hereby authorized and directed to recodify § 2-44, Finance Director, in accordance with this Ordinance. SECTION IV. 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 DAY OF ,1999. Wm. E. Boharski Mayor Attest: Theresa White City Clerk 2-44 2-44 CHAPTER 2 ADMINISTRATION ARTICLE VII. APPOINTED OFFICERS SECTION: 2-44: Finance Director 2-45: Public Works Director 2-46: Police Chief 2-47: Appointment Of Police Officers 2-48: Fire Chief 2-49: Appointment Of Firefighters 2-50: Parks And Recreation Director 2-51: Planning, Economic And Community Development Director 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. Fund Management: Collect, deposit, invest and disburse all City funds in a manner authorized by law or ordinance; C. Supervise Accounts: Supervise all accounts of all departments and offices of the City; D. Assist Budget Preparation: Assist in providing information for budget preparation and assist with the development of the budget document; E. File Reports: File proper reports with all Federal and State agencies as required; City of Kalispell 2-44 2-45 F. Personnel Assistance: Assist in the development of and administration of the City's personnel policy procedures, including training, recruitment, selection and labor relations; G. Maintain Books: Enter into books all ordinances, resolutions, and bylaws passed and adopted by the Council; H. Ordinances, Resolutions: Countersign and cause to be published or posted, as provided by law, all ordinances and resolutions passed and adopted by the Council; Records Maintenance: File and keep all records, books or property belonging to the City and deliver the same to his/her successor when qualified; J. Certified Copies: 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; K. License, Commission, Permit Records: Sign, number and keep a record of all licenses, commissions, or permits granted or authorized by the City Council; L. Index: 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; M. Oaths: Take and administer oaths, but must not charge or receive any fee therefor; N. Other Directed Duties: Perform such other and further functions as may be directed by the City Manager. (Ord. 1166 § 2-44) 2-45: PUBLIC WORKS DIRECTOR: The Public Works Director shall, subject to the charge and supervision of the Manager: A. Maintenance Of Public Places: 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; City of Kalispell