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Code) is hereby repealed.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Code) is hereby repealed.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