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3. Resolution 5660 - Calling for Election on Local Government ReviewCity of Kalispell Post Office Box 1997 - Kalispell, Montana 59903 Telephone: (406) 758-7701 Fax: (406) 758-7758 MEMORANDUM To: Mayor Johnson and City Coun From: Doug Russell, City Manager k Re: Resolution 5660 — Local Government Review Meeting Date: February 3, 2014 BACKGROUND: The Montana State Constitution requires each local government to conduct an election once every ten years on whether electors want a local government review. The local government review process was established in 1972 with the first review conducted in 1974. Resolution 5660 calls for the question of a government review to be placed on the June 3, 2014 primary election. If a majority of the electors vote in favor of establishing a study commission to examine the City of Kalispell's form of government, members will stand for election on the November 4, 2014 general election ballot. Resolution 5660 also establishes, pursuant to the terms of State Law, if electors approve the review the study commission will consist of five (5) members and the city could levy up to one (1) mill to pay for any costs related to the review. If the voters decide in favor of conducting a local government review, the five (5) study commission members will be elected during the general election on November 4, 2014, pursuant to M.C.A. 7-3-176. Any proposed changes brought forward by the study commission will be placed before the voters in the November 2016 general election. RECOMMENDATION: It is recommended the City Council approve Resolution 5660 calling for the question of a local government review to be placed on the June 3, 2014, primary election ballot. RESOLUTION NO.5660 A RESOLUTION TO SUBMIT A PROPOSAL TO CREATE A LOCAL GOVERNMENT STUDY COMMISSION TO REVIEW THE FORM OF THE CITY GOVERNMENT OF KALISPELL TO THE ELECTORS OF THE CITY OF KALISPELL ON THE JUNE 3, 2014 PRIMARY ELECTION BALLOT PURSUANT TO THE REQUIREMENTS OF TITLE 7, CHAPTER 3, PART 1, M.C.A., AND TO DIRECT PROPER NOTICE OF SAID ELECTION TO BE MADE. WHEREAS, Section 9, Article XI of the Constitution of the State of Montana requires that municipalities conduct an election once every ten years to determine whether the city will undertake a local government review procedure; and WHEREAS, pursuant to 7-3-173(2) M.C.A. the municipality shall submit the question of conducting a local government review by the establishment of a study commission to the city electors by ballot held on the primary election date ten years following the previous election on the matter; and WHEREAS, ten years have elapsed since the last election on this matter so that the proposal to undertake a local government review must now be placed on the June 3, 2014 primary election ballot; and WHEREAS, if a majority of the electors vote in favor of establishing a local government study commission, the members of the commission will be elected by ballot at the general election held November 4, 2014. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION I. The City of Kalispell hereby calls for an election by the qualified and registered electors of the City of Kalispell, pursuant to Section 7-3-175, to determine whether to establish a local government study commission for the purpose of conducting a review of the government of the City of Kalispell. SECTION H. The election on the question of creating a study commission shall be held on June 3, 2014, and that the question as submitted to the voters shall appear in the ballot as it appears in Exhibit "A" attached hereto and made a part hereof. SECTION III. If the qualified and registered electors of the City of Kalispell vote to review local government, a study commission consisting of five (5) members shall be elected from the electors of the City of Kalispell. SECTION IV. The City Clerk and City Attorney are hereby authorized and directed to make the necessary provisions for submitting the question to the registered electors at the next primary election to be held on the 3rd day of June, 2014. The authorization herein given shall include, but not be limited to, preparation of legal notices, publication and posting and preparation of the proper ballots. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 3RD DAY OF FEBRUARY, 2014. ATTEST: Theresa White City Clerk Mark Johnson Mayor EXHIBIT "A" OFFICIAL BALLOT CITY OF KALISPELL — VOTER REVIEW INSTRUCTION TO VOTERS: Make an X or similar mark in the vacant square before the word "FOR" if you wish to vote for the review of local government; if you are opposed to the review of local government make an X or similar mark in the square before the word "AGAINST" Shall the City of Kalispell conduct a local government review and establish a study commission consisting of five (5) members to examine the government of the City of Kalispell? [ ] FOR the review of the government of the City of Kalispell and to establish and fund, not to exceed one (1) mill, a local government study commission consisting of five (5) members to examine the government of the City of Kalispell and submit recommendations thereon. [ J AGAINST the review of the government of the City of Kalispell and the establishment and funding, not to exceed one (1) mill, of a local government study commission consisting of five (5) members to examine the government of the City of Kalispell and submit recommendations thereon.