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3. Ordinance 1341 - KCC - Elections - 1st ReadingThe City of Kalispell Incorporated 1892 Office of the City Attorney Glen Neier, City Attorney Richard Hickel, Asst. City Attorney November 15, 1999 TO: Mayor and City Council FROM: Glen Neier, City Attorney RE: Election Ordinance Revision P.O. Box 1997 Kalispell MT 59903-1997 Telephone: (406) 758-7708 Fax (406) 758-7771 Ordinance No. 1341 revises the City Ordinance governing election procedure. The revised ordinance conforms the election procedure to that designated within state law. Like this memo, Ordinance No. 1341 is brief. er Ne er City At rney Report compiled November 12, 1999 a N Chris A. Kukulski City Manager ORDINANCE NO. 1341 AN ORDINANCE AMENDING CHAPTER 6, ELECTIONS, KALISPELL MUNICIPAL CODE BY AMENDING R.O. 1947 §§ 124, 125, AND ORDINANCE NO. 1192; REPEALING R.O. 1947, §§ 126 AND 127; ENACTING A NEW SECTION § 6-3.1 (ELECTION PROCEDURES); ENACTING A SEVERABILITY SECTION; AUTHORIZING THE CITY ATTORNEY TO RECODIFY CHAPTER 6, KALISPELL MUNICIPAL CODE 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 R.O. 1947, § 124 (§ 6-1, Kalispell City Code) is hereby amended to read as follows: WARDS. The City shall be divided into four Wards for the purpose of elections, whether primary, general or special. SECTION II. That R.O. 1947, § 125 (§ 6-3, Kalispell City Code) is hereby amended to read as follows: ELECTION OF OFFICERS. A) The General Election for Council Person(s), Mayor and Municipal Judge shall be held in the odd -numbered year, prior to the expiration of the respective term, on thr• first Tuesday after the first Monday in November. B) A Primary Election qualifying candidates for the General Election under § (A), above, if required shall be held on the Tuesday following the second Monday in September, preceding the General Election. SECTION III. That R.O. 1947, § 126 (§ 6-4, Kalispell City Code) is hereby repealed. SECTION IV. That R.O. 1947, § 127 (§ 6-5, Kalispell City Code) is hereby repealed. SECTION V. That there is hereby enacted a new Section (§ 6-3.1, Kalispell City Code) which shall read as follows: ELECTION PROCEDURES. Primary, General and Special Elections for filling elected officials positions or ballot issues shall be conducted in the Ordinance 1341 1 manner provided in state law as set forth in Title 13, Elections, Montana Code Annotated. SECTION VI. SEVERABILITY. If any provision of this Ordinance is held to be invalid, such invalidity shall not effect other provisions which can be given effect without the invalid provision. To this end provisions of this Ordinance are to be severable. SECTION VII. That the City Attorney is hereby authorized and directed to recodify Chapter 6, Elections, Kalispell Municipal Code in accordance with this Ordinance. SECTION VIII. 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 1341 2 6-1 6-2 CHAPTER 6 ELECTIONS SECTION: 6-1: Precincts 6-2: Wards 6-3: Election Of Officers 6-4: Notice Of Elections, Ballot Boxes, Poll Books 6-5: Canvass And Return 6-1: PRECINCTS: The City shall be divided into precincts for the purpose of elections, whether annual or special, as follows: Precinct No. 1: The first ward. Precinct No. 2: The second ward. Precinct No. 3: The third ward. Precinct No. 4: The fourth ward. (R.O. 1947 § 124) 6-2: WARDS: The territory embraced within the limits of the City shall be and the same is hereby divided into four (4) wards, bounded and described as hereinafter set forth. A. Ward No. One: Ward No. 1 shall consist of all that territory within the corporate City limits of the City of Kalispell westerly of a line beginning at the northerly City limits and the center line of U.S. Highway 93, thence along the center line of U.S. Highway 93 to the southerly intersection of Utah Street, thence westerly along the southerly line of Utah Street to the westerly intersection of Fifth Avenue West, thence southerly along the westerly line of Fifth Avenue West to the northerly intersection of Third Street West, City of Kalispell 6-2 6-3 thence westerly along the northerly line of Third Street West to the westerly corporate limits of the City of Kalispell. B. Ward No. Two: Ward No. 2 shall consist of all that territory within the corporate limits of the City of Kalispell easterly of a line beginning at the northerly City limits and the center line of U.S. Highway 93, thence along the center line of U.S. Highway 93 to the southerly intersection of Utah Street, thence westerly along the southerly line of Utah Street to the westerly intersection of Fifth Avenue West, thence southerly along the westerly line of Fifth Avenue West to the southerly intersection of First Street West, thence easterly along the southerly line of First Street West to the westerly intersection of Main Street, thence Southerly along the westerly line of Main Street to the northerly intersection with Second Street East, thence easterly along the northerly line of Second Street East to the northerly intersection with Conrad Drive, thence easterly along the northerly line of Conrad Drive to the easterly corporate limits of the City of Kalispell. C. Ward No. Three: Ward No. 3 shall consist of all that territory within the corporate limits of Kalispell lying southerly of the south boundary of Ward No. 1 and Ward No. 2, above described, and northerly of a line beginning at the intersection of the easterly City limits and the southerly line of the Woodland Park Addition, thence westerly along the southerly line of the Woodland Park Addition to the westerly intersection of Woodland Avenue, thence northerly along the westerly line of Woodland Avenue to the southerly intersection of Seventh Street East, thence westerly along the southerly line of Seventh Street East to the westerly intersection of Second Avenue East, thence southerly along the westerly line of Second Avenue East to the southerly intersection with Eighth Street East, thence westerly along the southerly line of Eighth Street to the southeasterly intersection of Wallace Avenue and Crook Avenue, thence westerly along the southerly line of Crook Avenue to the westerly corporate limits of the City of Kalispell. D. Ward No. Four: Ward No. 4 shall consist of all that territory within the corporate City limits of the City of Kalispell lying southerly of the south boundary of Ward No. 3. (Ord. 1192 § 1) 6-3: ELECTION OF OFFICERS: All officers of the City who are required by law or ordinance to be elected annually shall be so elected on the first Monday of April in each year. City of Kalispell 6-4 6-5 6-4: NOTICE OF ELECTIONS, BALLOT BOXES, POLL BOOKS: A. Required; Publication: The City Council shall cause notice of all elections to be published in the papers of the City for at least one issue, designating the place in each precinct where votes will be received, and shall provide suitable ballot boxes, as required by law. B. Supplies For Judges: The City Clerk shall provide poll books for the use of the judges of the election, and it shall be the duty of the Chief of Police to see that ballot boxes and everything needed by the judges of election are supplied. (R.O. 1947 § 126) 6-5: CANVASS AND RETURN: Votes shall be received, counted, returned and canvassed in the manner provided in the State law so far as the provisions of such law are applicable, and, in and about the election, receiving, filing and disposing of returns, the City Clerk shall perform the duties imposed by the State law upon the county clerk in like matters. (R.O. 1947 § 127) City of Kalispell