Ordinance 1734 - Amends Ordinance 1166 - City Manager Contract AuthorityR D INNANCE AMENDING THE ADMINISTRATIVE CODE OF THE CITY OF
KALISPELL ENACTED AS ORDINANCE NO. 1166 AND CODIFIED IN THE KALISPELL
MUNICIPAL CODES AT KMC 2-29 REGARDING THE LIMITATIONS ON THE AUTHORITY
OF THE CITY MANAGER TO EXECUTE BONDS, NOTES, CONTRACTS AND WRITTEN
OBLIGATIONS OF THE CITY COUNCIL, DECLARING AN EFFECTIVE DATE AND
AUTHORIZING THE CITY ATTORNEY TO CODIFY THE SAME,
WHEREAS, the Administrative Code of the City of Kalispell defines certain limitations on the
authority of the City Manager, specifically at KMC 2-29(l), legislating that the City
Manager must have prior written approval of the City Council to execute any bonds,
notes, contracts or other written obligations of the City Council in excess of $50,000
regardless whether or not previously approved in the annual City budget and may only
execute those bonds, notes, contracts and written obligations less than fifty thousand
dollars ($50,000.00) without prior written approval of the City Council if such amount
was previously approved by City Council in the annual City budget; and
WHEREAS, when KMC 2-29(l) was enacted this limitation was consistent with the limitation set
within procurement laws of the State of Montana at MCA §7-5-4302 which requires
municipal government to abide by competitive advertised bidding procedures for certain
purchase and construction contracts valued at over $50,000. This law was amended in
2013 to increase the contract value to $80,000; and
WHEREAS, the City Council hereby finds that it is in the best interest of the City of Kalispell to
amend its code to be consistent with state law and to allow for a more competitive
process of procurement within this limited price range.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL
AS FOLLOWS:
SECTION 1. The City of Kalispell Municipal Code codified at Chapter 2 Article 1 il;
hereby amended as set forth in Exhibit "A", attached hereto ans;
incorporated fully herein by this reference. I
SECTION 11. The City Attorney is hereby authorized and directed to recodify thi
Ordinance. i
IMAM
I'D
The City Manager shall:
B. Perform the duties required of him or her by law, ordinances or resolutions;
C. 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;
1. Execute bonds, notes.) contracts and written obligations of the City Council, subject to
the following limitations:
bonds, notes, contracts and written obligations, including accumulated
contract change orders in excess of eighty thousand dollars ($80,000.00) must have
prior written approval of the City Council regardless whether or not previously
approved in the annual it budget,
2. Any bonds, notes, contracts and written obligations less than eighty thousand
dollars ($80,000.00) may be executed by the City Manager without prior written
approval of the it Council only if such amount was previously approved by City
Council in the annual City budget;
J. Report to the it Council as the Council may require;
K. Attend City Council meetings and may take part in the discussion, but shall have no
vote;
L. 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.