Title 2
Chapters:
2.22 Compensation
for City officials
2.24 Compensation
for Board Members
2.28 Parks and
Recreation Board
2.36 Bureau of Fire
Prevention
2.38 Fire
Prevention Outside City
2.48 Board of
Library Trustees
2.70 Departmental
Reports to Council
2.80 Residency
Requirements for Emergency Public Safety Employees
2.84 Historic
Preservation Commission (Repealed)
2.86 Capital
Improvement Program Fund
2.90 Architects/Engineers
Selection
2.92 Records
and Information Management Program
2.96 Bicycle Pedestrian
Advisory Board
* Current salary resolutions for city
officials are on file in the city clerk's office. For provisions concerning
the city zoning officer, see Chapter 19.80; for
the zoning commission, see Chapter 19.82; for the board of adjustment, see Chapter 19.84; for the zoning design
review board, see Chapter 19.86; for the cemetery board of trustees, see
Chapter 12.44.
Sections:
2.02.010 Duties
designated. The mayor is the chief executive
officer of the city and shall:
A. Nominate
and, with the consent of the council, appoint all non-elective officers of the
city provided for by the council, except as provided by state law;
B. When he may deem proper, suspend and, with the
consent of the council, remove any non-elective officer, stating in the
suspension or removal the cause therefor;
C. Cause
the ordinances of the city to be executed and supervise the discharge of
official duties by all subordinate officers;
D. Communicate to the council at the beginning of
every session, and more often if deemed necessary, a statement of the affairs
of the city with such recommendations as he may deem proper;
E. Recommend to the council such measures
connected with the public health,
cleanliness and ornament of the city and the improvement of the government and
finances as he deems expedient;
F. Approve all ordinances and resolutions of the
council adopted by it. In case the same do not meet his approbation, he shall
return the same to the next regular meeting of the council with his objections
in writing, and no ordinance or resolution so vetoed by the mayor shall go into
effect unless the same be afterwards passed by two-thirds vote of the whole
number of the members of the council;
G. Veto any objectionable part of a resolution or‑ordinance
and approve the other parts. If the mayor fails to return any resolution or
ordinance to the council, the same shall take effect without further action;
H. When he may deem proper, call special meetings
of the council. He must state the object of such meeting at the time of calling
same, and the business of the meeting must be restricted to the stated object;
I. Cause
to be presented, once every three months, a full and complete statement of the
financial condition of the city;
For statutory
provisions on the powers of the mayor, see MCA §§7‑4‑4303‑‑7‑4‑4306,
7‑4‑4114(2), 7‑5‑4102(1),
7‑5‑4122,
7‑5‑4205 and 7‑5‑4206.
J. Bid in for the city any property sold at a tax
or judicial sale in which the city is a party or interested;
K. Have in his control the seal of the city;
L. Take and administer such oaths as he deems
proper;
M. When he may deem proper, call on any citizen of
the city over the age of eighteen years to aid in the enforcement of the laws
and ordinances in case of riots; call out the militia to aid him in suppressing
the same or other disorderly conduct, in preventing and extinguishing fires,
for securing the peace and safety of the city and for carrying into effect any
law or ordinance. Any person who does not obey such call shall forfeit to the
city a fine not exceeding twenty‑five dollars;
N. When he may deem proper, require of any of the
officers of the city an exhibit of his books and papers;
0. Grant pardons and remit fines and forfeitures
for offenses against city ordinances when in his judgment public justice would
be thereby served; but he must report all pardons granted, with the reasons
therefor, to the next regular council meeting;
P. Perform such other duties as may be prescribed
by law or by resolution or ordinance of the council;
Q. Have such power as may be vested in him by
ordinance of the city in and over all places within five miles of the
boundaries of the city for the purpose of enforcing health and quarantine
ordinances and regulations thereof. (Prior code §2‑33.1).
Sections:
2.03.010
Statement of purpose.
2.03.030
Administrative rule defined.
2.03.060 Construction and effect.
2.03.070
Right of repeal‑‑Amendment.
2.03.010
Statement of purpose. The purpose of this chapter is to
provide the mayor with the authority to adopt administrative rules pursuant to
Section 7‑1‑4126 MCA which states, "the governing body may by
ordinance authorize the Chief Executive to adopt administrative rules." It
is imperative that the mayor have the power to adopt administrative rules for
the following reasons:
A. In
order for the mayor to perform his/her responsibility of administering city
ordinances and resolutions, it is desirable and necessary that such city
ordinances and resolutions be implemented through city policy and practice in
a personnel policy manual and/or an administrative rule book;
B. It
is desirable and necessary for the mayor to exercise authority over the
activities and personnel in city administration;
C. In
order to insure consistency of policy and procedure, it is desirable and
necessary for the mayor to refer to written administrative rules in
administering city services and supervising city activities and personnel in a
fair and equitable manner; and
D. It is desirable and necessary that city
practices and procedures be written so that all affected parties can readily
ascertain what is expected of them. (Ord. 2232 §1, 1981).
2.03.020 Authority. The
mayor is authorized to adopt administrative rules pursuant to Section 7‑1‑4126
MCA and as provided in this code. (Ord. 2232 §2, 1981).
2.03.030 Administrative rule defined.
An administrative rule, for the purposes of this chapter, is a city regulation,
standard, or statement of general applicability that implements, interprets, or
prescribes city law or policy or describes city practice or procedure. (Ord.
2232 §3, 1981).
2.03.040 Application. This
chapter shall include but not be limited to
A. Personnel policy rules and procedure;
B. City motor vehicle use;
C. Implementation of all city ordinances
and resolutions;
D. Descriptions of city policies and
practices. (Ord. 2232 94, 1981).
2.03.050 Public
notice. For two weeks prior to adoption, all
administrative rules under consideration shall be posted in the city clerk's
office. All administrative rules so adopted shall be entered into an
administrative code that is available in the city clerk's office. (Ord. 2232
§5, 1981).
2.03.060 Construction
and effect. No administrative rules adopted
pursuant to this chapter shall conflict with or supersede any duly passed
ordinance or resolution of the city council. (Ord. 2232 §6, 1981).
2.03.070 Right of
repeal‑‑Amendment. The city council reserves the right
and authority to enact ordinances or resolutions repealing or amending
regulations promulgated pursuant to this chapter. (Ord. 2232 §7, 1981).
2.03.080 Savings
provision. This chapter does not affect rights
and duties that matured or proceedings that were begun before the effective
date of the ordinance codified in this chapter. (Ord. 2232 §8, 1981).
FEES FOR SERVICES
Sections:
2.04.010 Statement
of purpose.
2.04.020 Form
of implementation.
2.04.010 Statement of
purpose. The purpose of this chapter is to
establish a procedure for the adoption, amendment or repeal of fees for
services provided by the city pursuant to the legislative power granted a
municipality pursuant to Section 7‑1‑4123, MCA, authorizing the
adoption, amendment and repeal of ordinances and resolutions required in order
to impose a special assessment reasonably related to the cost of any special
service or special benefit provided by the municipality or impose a fee for
the provision of a service. (Ord. 2520 §1, 1986).
2.04.020 Form of
implementation. Pursuant to the legislative power
granted to it pursuant to Section 7‑1‑4123, MCA, for the purpose of
adopting, amending or repealing a special assessment reasonably related to the
cost of any special service or special benefit provided by the municipality or
imposing a fee for the provision of a service, all such fees shall be adopted,
amended or repealed pursuant to either an ordinance or resolution adopted by
the city council. Once any fee is established pursuant to the power and
authority of Section 7‑1‑4123, MCA, and it is necessary to
establish procedures for the imposition and/or collection of any fee, the mayor
may implement any necessary procedure pursuant to the mayor's authority to
adopt administrative rules pursuant to Ordinance 2232*, adopted October 26,
1981. Any proposed administrative rule implementing any necessary procedure
shall be submitted to the city council for comment prior to actual
implementation. (Ord. 2520 §2, 1986).
* Editor's Note: Ordinance 2232 is codified in Chapter 2.03 of this code.
Sections:
2.06.030 Meetings‑‑Time
and place.
2.06.040 Special
meetings‑‑Calling.
2.06.010 Powers
generally.
The city council has and shall exercise all legislative powers,
functions and duties
conferred upon
the city or its officers. (Prior code 52‑4).
* For
statutory provisions on powers of city council, see MCA §7‑5‑4101;
for provisions regarding the authority of the council to determine rules for
its proceedings, see MCA 5§7‑5‑4103 and 7‑5‑4123.
A.
The city council shall make all orders for the doing of work or the making or
construction of any improvement, bridge or building.
B. It shall levy all taxes, apportion and
appropriate all funds, and audit and allow all bills, accounts, payrolls and
claims and order payment thereof.
C. It shall make all assessments for the cost of
street improvements, sidewalks, sewers and other work, and improvements or
repairs which may be specially assessed.
D. It shall make or authorize the making of all
contracts, and no contract shall
bind or be obligatory upon the city unless made and approved either by a roll
call vote of the city council, ordinance or resolution adopted by the council
or pursuant to any other approval procedure established and adopted by the city
council. All contracts and all ordinances and resolution making or authorizing
the making of contracts shall be drawn by the city attorney, or approved by
such officer as to form before the same is made or passed.
E. The council may, from time to time, require
any superintendent or officer to report to the council in writing respecting
the business of his department or office on matters connected therewith. (Ord.
2943 §1, 1995: Ord. 2654 §1, 1989; prior code §2‑6).
2.06.030 Meetings‑‑Time and place.
The city council shall hold regular meetings on the first, second, third and
fourth Mondays of each month, at an hour set forth in the city council rules.
The council may adjourn any regular meeting at any specific time, and such
adjourned meeting shall be considered a regular meeting for the transaction of
all business which may come before the council. (Ord. 2943 §2, 1995; prior code
§2‑7).
2.06.040 Special
meetings‑‑Calling. Special meetings may be called, from
time to time, by the mayor, or by eight councilmen, upon written notice thereof
being given by the city clerk to all of the members of the council in the city,
and special meetings may be held at any time, without notice, when all members
of the council are present. (Prior code §2‑8).
2.06.050 Quorum. A
majority of the members of the council constitute a quorum for the transaction
of business, but a less number may meet and adjourn to any time stated and may
compel the attendance of absent members, under such rules and penalties as the
council may prescribe. (Prior code §2‑9).
2.06.060 Presiding
officer. The mayor, and in his absence, or his
inability to act, the president of the council, shall preside at all meetings
of the council. In the event of the absence of both the mayor and the president
of the council, or their inability to act, the vice president of the council,
shall preside at all meetings of the council. In the event of the absence of
the mayor, the president of the council and the vice president of the council,
or their inability to act, the council may appoint one of its members to
preside. (Ord. 2654 §2, 1989; prior code §2‑10).
2.06.070 Place of
meetings. All meetings of the council shall,
unless otherwise ordered by the council, be held in the council chambers at
city hall. (Prior code §212) .
CITY ATTORNEY*
Sections:
2.08.020 Private practice prohibited.
2.08.030 Delivery of papers to successor.
2.08.040 Appointment of City Attorney
A. The city attorney shall, upon the expiration
of his term of office, or his resignation thereof, or removal therefrom,
furnish the city council with a full and complete report of all cases pending
in the courts of record in which the city is interested as a party thereto.
B. The city attorney shall, when requested by the
city council, furnish a report in writing to the city council, containing a
statement of all suits instituted and pending in the courts of record in which
the city is plaintiff or defendant, in which report shall be stated the names
of all defendants and plaintiffs, the nature of the actions, the date of
commencement and the several steps that may have been taken in court during his
term of office to bring such suits to a final determination, to be accompanied
with such explanatory remarks as he may deem fit to append to the end that the
council may be kept fully advised of the legal affairs of the city. (Prior
code §231) .
* For statutory provisions on the city
attorney, see MCA §§7‑4‑4601‑‑7‑4‑4605.
2.08.020 Private
practice prohibited. The city attorney shall be a full‑time
officer of the city and shall not engage in any private practice. His office
shall be established in the Missoula City Hall. (Ord. 1811, 1977).
2.08.030 Delivery of papers to successor.
Upon the expiration of his term of office, or his resignation thereof, or
removal therefrom, the city attorney shall forthwith, on demand, deliver to his
successor in office all papers in his hands belonging to the city and all
papers in actions prosecuted or defended by him, then pending or undetermined.
(Prior code §2‑30).
2.08.040
Appointment of City Attorney. The
mayor, with the advice and consent of a majority of the city council, may appoint
a city attorney. (Ord. 3301 §1, 2005)
PUBLIC
WORKS DEPARTMENT
Sections:
2.10.020 Director of public works‑‑Duties
generally.
2.10.030 Assistant
director of public works‑‑Duties generally.
2.10.040 City engineer‑‑Duties generally.
2.10.010 Composition.
The public works department of the city
shall consist of a public works director, assistant public works director, and
various divisions consisting of the streets division, sewer facilities
division, vehicle maintenance division, and other divisions as determined by
the city council. (Ord. 3492, 2013; Ord. 2655 §1, 1989).
2.10.020 Director of
public works‑‑Duties generally.
A.
The director of public works shall manage and have
charge of repair and maintenance of streets, sidewalks, alleys, lanes, bridges,
viaducts, and other public highways; of watercourses; of boulevards, squares
and other public places and grounds belonging to the city or dedicated to
public use, except parks and playgrounds and buildings not part of the
department. The Director shall
coordinate with the Development Services Director to implement construction and
improvement projects and the making and preservation of all surveys, maps,
plans, drawings, and estimates for Public Works and Development Services. The Public Works Director shall manage sewage
collection and disposal facilities and all public utilities of the city. They shall have charge of the cleaning,
sprinkling, and lighting of streets and public places; and the preservation of
contracts, papers, plans, tools and appliances belonging to the city and
pertaining to the department.
B. He/She shall be the
supervisor of plats of the city. He/She shall see
that the regulations governing the platting of all lands in regard to streets,
alleys, drainage and public utilities are conformed with.
C.
The director of public works may also be the city engineer or may designate
another city official to serve in that capacity.
D. The director of public works shall serve as
street commissioner and be responsible for the duties of that position as
specified by the Montana Codes Annotated. (Ord. 3492, 2013; Ord. 2655 §2,
1989).
2.10.030 Repealed. (Ord. 3492, 2013; Ord. 2655 §3, 1989).
2.10.040 Repealed. [Codifier’s
note: In 2013, this section was
repealed and recodified as Section 2.11.050] (Ord. 3492, 2013; Ord. 2655 §4, 1989, prior
code §2‑32).
Chapter 2.11
Sections
2.11.010 Development
Services Established
2.11.030 References
to Office of Planning and Grants in City regulations
2.11.040 Development
Services Director—duties generally
2.11.050 City
Engineer—duties generally
2.11.060 Building
Official—powers and duties
2.11.070 Building
Official—method of appointment
2.11.080 Jurisdiction
for municipal building official
2.11.010 Development Services
Established
The Development Services office is hereby established. Development Services is responsible for the
effective provision of services to the community on the city’s behalf
including: administration, planning,
engineering, code compliance, permitting, land use, transportation services,
and public and private building/construction projects. (Ord. 3491, 2013)
Development Services shall include a Development Services Director,
Assistant Director, City Engineer, Certified Building Official and various
divisions including: Planning, Development and Building Review, Transportation
Services and Engineering. The
Development Services Director shall be appointed by the Mayor with the advice
and consent of City Council. The
Development Services Director may appoint a person to serve as Assistant
Director who shall assist the Development Services Director in carrying out the
duties prescribed herein. (Ord. 3491, 2013)
2.11.030 References to Office
of Planning and Grants in regulations
Wherever there is a reference to the “Office of Planning and Grants”
or any of its subdivisions in city laws,
city regulations and plans, city contracts, city agreements or letters
pertaining to the city, after January 1, 2013, such reference shall be
understood to mean Development Services. (Ord. 3491, 2013)
2.11.040 Development Services
Director—Duties generally. The Development Services Director shall
operate under the supervision of the Chief Administrative Officer and the
Mayor. The Development Services
Director may designate one or more employees to assist in carrying out the
following duties:
A. The
Development Services Director shall plan, direct, oversee and administer the
activities and operations of Development Services for the City of Missoula in
accordance with state and local laws and regulations.
B. The
Director shall serve as the city’s zoning officer/official and shall administer
the City’s zoning regulations, including Title 20 Missoula Municipal Code; and
C. The
Director shall be responsible for the administration and maintenance of City
Council adopted land use policies, laws and plans.
D. The
Director shall serve as the city’s street commissioner and is responsible for
administration and management of the
City’s right-of-way; and
E. The
Director is charged with supervising plats of the city and shall see that
regulations governing the platting of all lands conform to regulations approved
by the City; and
F.
The Director shall coordinate and cooperate
with City and County personnel to ensure the efficient and effective delivery
of services.
(Ord. 3491, 2013)
2.11.050 City engineer—Duties
generally.
The city engineer shall perform such duties as specified by the
Development Service Director, those duties as specified in the Montana Code
Annotated, and other such duties as specified in this code. The City Engineer may also serve as a
division head in Development Services. (Ord. 3491, 2013)
2.11.060 Building
Official—Powers and duties
A. The city establishes the building
inspection division of the Development Services office, as the Building Code
enforcement agency, exclusive of the International Fire Code, for the city and
its jurisdictional area. The division shall be under the administrative and
operational control of the building official. (Ord. 3491, 2013)
B. The powers and duties of the building
official are as set forth in the state building codes which are adopted by the
city. All reference in these codes to
the "authority having jurisdiction" shall refer to the building official.
(Ord. 3491, 2013)
2.11.070
Building Official--Method of appointment.
The building
official shall be appointed in the same manner as all other division heads
within Development Services. (Ord. 3491, 2013)
2.11.080 Jurisdiction for municipal building
official.
The Building
Official has jurisdiction and authority
as authorized by Montana state law. (Ord. 3491, 2013)
CITY
JUDGE*
Sections:
2.12.030 Acting judge‑‑Procedure.
2.12.040 Acting judge‑‑Compensation.
2.12.050 Acting judge‑‑vacation.
2.12.010 Duties generally.
It shall be the duty of the municipal judge to keep the docket required by the
laws of the state to be kept by justices of the peace, to hear and determine
all cases that may be instituted in the municipal court under the ordinances of
the city, and to pay all fines collected for the violation thereof to the city
treasurer daily or oftener if required. (Ord. 2051 §6, 1979; prior code §2‑26).
* For statutory provisions on the city judge,
see MCA 553‑6‑201‑‑3‑6‑203.
2.12.030 Acting judge‑‑Procedure.
When the judge of the municipal court has been disqualified or is sick or
unable to act, the judge shall call in a practicing attorney of the county in
which the court is located, who shall be acting judge with the same powers for
the purposes of such cause as the judge of the municipal court. (Ord. 1860 §1,
1977) .
2.12.040 Acting judge‑‑Compensation.
Whenever an acting judge is called in to preside over municipal court, the
amount of his or her compensation shall be the same as that of the municipal
court judge. In all cases in which an acting judge is called in to preside over
the municipal court, the compensation of the acting judge shall be based on the
number of hours actually worked. (Ord. 1860 §2, 1977) .
2.12.050 Acting judge‑‑Vacation. The city will provide compensation for an acting judge to
replace the municipal court judge during vacation for a period not to exceed
three weeks each year. Should the municipal court judge retire, or his or her
term expire without having taken three weeks' vacation, the judge shall not be
entitled to compensation for the unused leave. (Ord. 1860 §3, 1977).
CITY TREASURER*
Sections:
2.16.010 Violation of bond.
It shall be a violation of the treasurer's bond if he deals in, uses or
speculates upon, directly or indirectly, either by agent or by associating
himself in business with a partner or partners, by buying or selling, or in any
other manner, city warrants, orders or other evidence of indebtedness to the
city, or if he applies in any manner any money of the city, warrants or funds,
in his possession as treasurer, to his private use or benefit, and he shall be
prosecuted therefor as provided by law. (Prior code §2‑29).
* For statutory provisions on the city
treasurer, see MCA §§7‑6‑4104‑‑7‑6‑4106, 7‑6‑4402,
7‑6‑4601 and 7‑6‑4602.
CITY OFFICERS GENERALLY*
Sections:
2.18.010 Appointments
generally.
2.18.020 Council
authority to appoint deputies and assistants.
2.18.010 Appointments generally.
The mayor is empowered, with the advice and consent of the city council, to
appoint a city attorney, city clerk, city treasurer, chief of police,
fire chief, public works director and any other officers necessary to carry out
the provisions of Title 7, MCA. The city
council may by ordinance prescribe the duties of all city officers and fix
their compensation. (Ord. 3019, 1997;
Ord. 2657 §1, 1989; prior code §2‑13).
2.18.020 Council
authority to appoint deputies and assistant. The council may from time to time authorize
and empower the department heads to appoint such deputies and assistants as may
be necessary and required in the different offices of such departments
consistent with federal and state employment laws and the city's personnel
policies for hirings. (Ord. 2657 §2, 1989; prior code
§2‑15).
CITY OFFICERS' BONDS"
Sections:
2.20.010 Required
amounts‑‑Approval‑‑Filing.
2.20.010 Required
amounts‑‑Approval‑‑Filing.
A.
The following officers shall furnish the city a surety bond, conditioned upon
the faithful performance of their duties or trusts, in the following amounts:
1. City
clerk $ 5,000.00
2. City
treasurer $100,000.00
3. Deputy
city treasurer $ 10,000.00
4. Municipal
court judge $ 5,000.00
5. Clerk
of municipal court $ 5,000.00
6. Building
inspector $ 5,000.00
B. The city council may require bonds for city
officers and employees in addition to those enumerated in this section. All
bonds must be conditioned according to law and in such amounts as the council
may determine.
C. All official bonds enumerated in this section
must be approved by the city council.
D. All official bonds enumerated in this section,
after approval by the city council, shall be filed with the city clerk, except
the bond of the city clerk, which must be filed with the city treasurer. (Ord.
2051 §5, 1979: Ord. 1809, 1977; prior code §2‑22).
* For
statutory provisions on the duties of a city clerk, see MCA §§7‑4‑4501‑‑7‑4‑4503,
7‑5‑4409, 7‑6‑4107 and 7‑6‑4403;
for provisions on the authority of the council to abolish appointive officers,
see MCA §7‑4‑4105; for provisions on the consolidation of offices
by the council, see MCA §7‑4‑4106.
** For statutory provisions on bonds of city
officers, see MCA §§29‑801‑‑29‑805.
COMPENSATION
FOR CITY OFFICIALS
Sections:
2.22.010 Salaries
of city officials and employees.
2.22.010 Salaries of
city officials and employees. The
city council shall determine by ordinance or resolution the salaries and
compensation of elected and appointed city officers and all city employees, which
may be accomplished pursuant to the annual adoption of an ordinance or resolution
establishing the city budget. (Ord. 2658 §1, 1989: Ord. 2051 §9, 1979).
COMPENSATION
FOR BOARD MEMBERS
Sections:
2.24.010 Compensation of certain board members.
2.24.010 Compensation
of certain board members. All members of the city‑county
library board, park and recreation board, board of trustees of the cemetery,
zoning commission, board of adjustment, parking authority, housing authority,
urban renewal board, city‑county planning board, animal control board,
design review board, city‑county health board, historic preservation
advisory commission, citizens advisory committee on open space acquisitions,
building code board of appeals, public art committee, and gambling commission
shall serve without compensation being paid specifically for serving on the
respective board, authority or commission. (Ord. 2659 §1, 1989: Ord. 2051 §3,
1979; prior code §2‑3).
HOUSING
AUTHORITY
Sections:
2.26.010 Purpose.
Based upon the findings and determinations, contained in Ord. 1900, made
upon study, observation and inquiry relating to the available housing to persons
of low income and elderly families and upon the facts presented and discussed
in the public hearing held as mentioned in Ord. 1900, the City Council
concludes that it is to the best interests of the city and all of the
inhabitants thereof as well as the inhabitants of the surrounding area that a
Housing Authority be created and the Mayor be authorized to appoint seven commissioners to act as an authority in
accordance with the terms of the statutes of the state. (Ord.
3265 §1, 2004; Ord. 1900 §1, 1978).
2.26.020 Powers
limitation. The housing authority shall not have
the power to acquire any property by eminent domain. (Ord. 1900 §2, 1978).
Sections:
2.28.010 Established‑‑Terms‑‑Oaths.
2.28.020 Powers‑‑Duties‑‑Meetings.
2.28.010 Established‑‑Terms‑‑Oaths.
A. There is created and
established a parks and recreation board for the city composed of seven persons
to be appointed by the mayor in consultation with the appropriate city council
committee and with advice and approval of the city council. The seven appointed
members shall have the same qualifications for the office of parks and
recreation board member as are required by the laws of the state for the
office of mayor.
B. The term of office of
each parks and recreation board member shall be three years, their terms
commencing May 1st of the year of which they are appointed.
C. The parks and recreation
board shall constitute a city board exercising authority and empowered as
provided in this chapter and Montana state law.
D. The city park board shall
designate one of its members to serve on the city open space advisory
committee.
E. Before entering upon the discharge of duties,
each parks and recreation board member shall take and subscribe the oath
provided by the laws of the state for city officials, which oath shall be
filed in the office of the city clerk.
(Ord. 3010, 1996; Ord. 2868 §1, 1993:‑
prior code §2‑37).
2.28.020 Powers‑‑Duties‑‑Meetings.
A. The city board of parks and recreation shall have such powers, hold
such public meetings with public record minutes provided to the city clerk and
perform such duties as are provided by the laws of the state and any other
powers or duties not inconsistent therewith granted to it by the provisions of
this code or other ordinance of the city.
B. Pursuant to § 7-16-4222, Montana Code Annotated, the city park and
recreation board may exercise the following powers and duties for any park or
open space matter that has not been specifically addressed by city ordinance,
resolution or the applicable portion of the city budget:
1. to make all rules for the use by the public
of parks as well as open spaces, greenways and trails placed under the care and
control of the city parks and recreation board;
2. to make all rules necessary or convenient to
protect and promote the growth of trees and plants in parks, streets, avenues,
alleys, boulevards, and public places under the care and control of the board
and for the protection of all birds inhabiting, frequenting, or nesting in the
parks, streets, avenues, boulevards, and public places; and
3. to provide penalties for the violation of the
rules that do not involve municipal court fines or imprisonment.
C. The city park and recreation board shall
serve as an appellate body for any appeals by a property owner adjacent to any
city boulevard tree for which the city parks and recreation department intends
to remove the tree or trim more than half of the tree's branches. Notice to adjacent property owners and any
appeal shall be pursuant to the city tree ordinance.
D. The mayor and city council retain authority granted to them by state law
in the following areas:
1. To
have all personnel decisions made by the mayor pursuant to the policies and
regulations governing other city personnel decisions;
2. To
have all claims allowed or disallowed pursuant to contract and claim procedures
established by the governing body of the city;
3. To
have all warrants signed by the city clerk and countersigned by the mayor;
4. To determine the city fees for park or
facilities use, admissions, programs or services;
5. To determine the city parks department budget
and any individual program funding; and
6. Any
city management policies with respect to use and management of parks, open
space and trails specifically addressed by city ordinance or resolution. The
city parks and recreation board may provide timely advice and recommendations
to the mayor and city council concerning subsections 4, 5 and 6 or any other
matters related to city parks. (Ord. 3010,
1996; Ord. 2868 §2, 1993; prior code §2‑38).
* For statutory provisions on the board of
park commissioners, see MCA §7‑16‑4201 et seg.
A. The parks and recreation
director shall be appointed by the mayor with the advice and consent of the
city council pursuant to the mayor's general appointment authority in Section
2.18.010.
B.
The city clerk may designate the director as the clerk's designee as ex officio
clerk of the board of park commissioners who shall attend all meetings of the
board and keep correct minutes of all proceedings of the board in a book to be
provided for that purpose with a
copy provided timely to the city clerk for distribution to city elected
officials. (Ord. 3010, 1996; Ord. 2868 §3, 1993; prior code §2‑39).
POLICE
COMMISSION*
Sections:
2.30.020 Duties‑‑Compensation‑‑Officers.
2.30.010 Appointment‑‑Terms.
The mayor shall nominate and, with the consent of the city council, appoint
three residents of the city, who shall have the qualifications required by law
to hold a municipal office therein, who shall constitute a board to be known by
the name of "police commission," and who shall hold office for three
years, except that the first board appointed under the provisions of the
ordinance codified in this chapter shall consist of one member for a term of
one year, one member for a term of two years and one member for a term of '
three years. One member of such board must be appointed annually at the first
regular meeting of the city council in May of each year. (Prior code §2‑34).
2.30.020 Duties‑‑Compensation‑‑Officers.
The duties of the police commission are such duties as are prescribed by state
law and such other duties as are prescribed in the ordinances of the city. Each
member of the police commission shall be compensated at the rate of ten
dollars per day for each day's attendance at sessions of the police commission
or at hearings or trials before the police commission, not to exceed, however,
the sum of fifty dollars compensation in
any one month. The board may be reimbursed for its necessary expenses. The
board shall select one of their number chairman and one secretary. (Ord. 2051
§8, 1979; prior code §2‑35).
* For statutory provisions requiring a police
commission, see MCA §7‑32‑4151 and 7‑32‑4152.
2.30.030 Records.
The secretary of the commission shall keep correct minutes of all proceedings
of the commission in a book to be provided for that purpose by the city to be
called "record of the police commission," and he shall perform such
other services as the commission may require. (Prior code §2‑36).
POLICE DEPARTMENT*
Sections:
2.32.030 Chief of police‑‑Duties generally.
2.32.040 Chief
of police‑‑Obedience to health officer and public works director.
2.32.050 Assistant chief of police‑‑Duties
generally.
2.32.060 Authority to arrest – extension of
jurisdiction outside city limits
2.32.070 Annual
Report to the City Council
2.32.010 Composition.
The police department shall consist of the chief of police and such number of
policemen as the city council may designate. (Prior code §25‑1).
2.32.020 Duties
generally.
It shall be the duty of the chief of police, assistant chief of police
and all policemen to enforce the ordinances of the city and preserve the
peace, good order and quiet thereof, and also to enforce therein the criminal
laws of the state. (Ord. 2660 (part), 1989; prior code §25‑5).
2.32.030 Chief of
police‑‑Duties generally.
A.
The chief of police shall direct the planning, organization, coordination and operation
of the police department divisions through the respective division captains.
B.
The chief of police shall be responsible for carrying out the primary police
tasks which include repression of crime; regulation of conduct; prevention of
accidents and congestion; apprehension of criminals; recovery of stolen
property; gathering of evidence and its preparation for the prosecution of
individuals charged with criminal offenses; elimination of commercialized vice;
investigation of conditions affecting health and moral welfare of the community; and the prevention of crime
committed by juveniles.
C. The chief of police shall develop, execute and
periodically review department policies and procedures.
D.
Within the limits of delegated authority, the chief of police shall be
responsible for the selection, placement, promotion, training, development,
safety, appraisal and discipline of department personnel.
E.
The chief of police shall review and revise the division captains' budget
estimates and consolidate same into a department budget.
F. The chief of police will cooperate with
county, state and federal officers in the apprehension of wanted
persons, and
supervise the preparation of reports for the mayor and city council. He shall
furnish the city council a quarterly summary of the work of his department as
outlined in Section 2.70.020 of this title.
G. The chief of police or his designee
shall attend upon the city court regularly and at the request of city officials
attend meetings and perform related work as well as perform those duties
prescribed by the city council. (Ord. 2660 §1, 1989: Ord. 2049 §3, 1979; prior
code §25‑7).
* For statutory provisions on the police
department generally, see MCA §§7‑32‑4018 and 7‑32‑4113.
2.32.040 Chief of
police‑‑Obedience to health officer and public works director.
A.
The chief of police shall cause to be executed all the orders of the health
officer so far as they may relate to the preservation of the health of the
city.
B. He
shall also execute all the orders of the public works director for the
protection of the streets, alleys and sidewalks of the city, and shall, upon
such order, arrest any and all persons not in the employ of the city who may be
found obstructing or interfering with the same, without a written permit from
the public works director. (Ord. 2660 §2, 1989; prior code §25‑9).
2.32.050 Assistant
chief of police‑‑Duties generally.
A.
The assistant chief of police shall aid and assist the chief of police in the
performance of his duties, and shall in the absence of the chief of police or
his inability to act, perform the duties of the chief of police, He shall have
the same powers as the chief of police and perform the same duties, and shall
have charge of all the policemen at such times and during such hours as the
chief of police may direct.
B. He shall be subject to the same penalties for
the misfeasance or nonfeasance of duty as is the chief of police. He shall be
subject to the orders of the chief of police in the performance of his duty, but
all policemen shall obey his orders and respect his authority when not in
conflict with orders received from the police chief. (Ord. 2660 (part), 1989;
prior code §25‑10).
2.32.060 Authority to arrest – extension of
jurisdiction outside city limits
Pursuant
to MCA 7-32-4301 (2), this section authorizes Missoula city police officers
jurisdiction and authority to make arrests within five miles of the city
limits. (Ord. 3431 §1, 2010)
2.32.070 Annual Report to the City Council
During December of each year,
the Missoula Police Department shall update the City Council on police activity
initiated outside the Missoula city limits and under the authority of MMC
Section 2.32.060. (Ord. 3431 §2, 2010)
FIRE
DEPARTMENT
Sections:
2.34.020 Chief
and assistant chief‑‑Duties during fire.
2.34.030 Chief
and assistant chief‑‑Right of entry.
2.34.040 Regulation
adoption authority.
2.34.010 Composition. The fire department of the city shall consist of a chief,
assistant chief and such number of firemen as the city council may from time to
time designate by ordinance or resolution. (Ord. 2661 §1(part), 1989; prior
code §11‑10).
2.34.020 Chief and
assistant chief‑‑Duties during fire. The chief of the fire department, or, in his absence, the
assistant chief, may, during the progress of any fire, whenever in his judgment
it becomes necessary in order to check or control same, order any building,
fence or structure to be cut down or removed. He shall, with the consent. of
the mayor, or with the consent of two members of the city council, have power
to cause any building or structure to be blown up for the purpose of checking
or extinguishing any fire. He shall have power, with the consent of the city
council, to order removed any portion of any building which may be standing
after a fire, whenever, by resolution of the city council, such portion of any
building so remaining may be adjudged to be dangerous to persons or property.
(Ord. 2661 §1(part), 1989; prior code §11‑12).
2.34.030 Chief and
assistant chief‑‑Right of entry. The chief or assistant chief of the fire department shall
have power to enter and examine any building within the city, or within three
miles thereof, in which fire is being used, or is to be used, for the purposes
of inspecting the same; provided, that such inspection be within reasonable
hours; and with the concurrence of the city council, he may condemn such
building and order it rebuilt or repaired. so as to be entirely consistent with
public safety. (Ord. 2661 §1(part), 1989; prior code §11‑16).
2.34.040 Regulation
adoption authority. The city council shall have the power
to adopt such rules and regulations governing the conduct of members of the
fire department and imposing a penalty for the violation of such rules and
regulations as the council shall deem necessary. (Ord. 2661 §1(part), 1989;
prior code §11‑13).
BUREAU OF FIRE PREVENTION
Sections:
2.36.010 Established. The Bureau of Fire Prevention is hereby established in the
city fire department and shall be operated under the supervision of the chief
of the fire department for the purposes of enforcing the fire code adopted
pursuant to Chapter 15.08.. (Ord. 3436 §1, 2010; Ord. 2662 §l, 1989; prior code
§11‑17).
2.36.020 Membership. The
bureau of fire prevention shall consist of a fire marshal and such other
personnel as
the council may
provide. The chief of the fire department may assign such members of the fire
department as inspectors
as shall, in
his opinion, be necessary. (Ord. 2662 §2, 1989; prior code §11‑19).
2.36.040 Repealed. (Ord. 3436 §2, 2010; Ord. 2662 §3,
1989) .
FIRE PREVENTION OUTSIDE CITY
Sections:
2.38.010 Fire
prevention outside city.
2.38.010 Fire
prevention outside city. All agreements, contracts or special
provisions that establish special conditions for delivering fire department
services to any corporation, firm, governmental agency or individual located
either inside or outside the city, shall be coordinated through the chief of
the fire department or his designee with the final approval of the city
council. (Ord. 2663 §1, 1989; prior code §11‑34).
ELECTIONS*
Sections:
2.40.010 Precincts. The election precincts of the city shall correspond with the election precincts
within the city as fixed by the board of county commissioners for
state and county elections. (Prior code §8‑1).
2.40.020 Polling
places. The polling places in the election
precincts in the city shall correspond with the polling places fixed by the
board of county commissioners for each election precinct within the city.
(Prior code §8‑2).
Sections:
2.42.015 Assessment
of Municipal Court administrative fees
2.42.017 Administrative
fees and charges assessed prior to May 21, 2018
2.42.020 Municipal
court clerk position established.
2.42.030
Limitation of Appeals to State District Court
2.42.010 Established.
There is established in the city a municipal court to be known as "The
Municipal Court
of the City of
Missoula." The time of such establishment shall be the second day of May,
1977. This section is
adopted
pursuant to the provisions of MCA Section 3‑6‑101. (Ord. 1817, 1977: Ord. 1816, 1977; prior code
§2‑40).
* For statutory provisions on elections
generally, see RCM 1947 §11‑701 et
seq. For provisions on dividing
the city into wards, see MCA §§7‑5‑4401(1),
(2) and (3), 7‑32‑4108 and 7‑32‑4113.
** For statutory provisions on municipal courts,
see MCA §§3‑6‑101‑‑3‑6‑106, 3‑6‑201‑‑3‑6‑204
and 3‑6‑301‑‑3‑6
303.
2.42.015 Assessment of
Municipal Court administrative fees
Municipal Court shall assess an administrative
fee of twenty-five dollars ($25.00) as part of the disposition of all citations
and complaints, criminal, traffic and parking citation appeals for which there
is a conviction or plea of guilty entered in addition to the regular fines,
surcharges and fees at the time the defendant pleads or is convicted of any
charges.
The Municipal Court shall assess a time
pay fee on all time payment contracts allowed the defendant for payment of
fines, costs and charges in Municipal Court on an installment basis in the amount
of $5.00 for each time pay contract. The
Municipal Court Judge may waive the time pay fee in cases where the judge
determines it is an undue financial burden on the defendant to pay the fee. Fee waivers granted by the judge shall be
noted in official court records.
Fees and fines collected by Municipal
Court must be deposited in accordance with state law. (Ord. 3611, 2018)
2.42.017 Administrative
fees and charges assessed prior to May 21, 2018
Administrative
fees and charges assessed by Missoula Municipal Court prior to May 21, 2018, in
accordance with resolutions adopted by the Missoula City Council are affirmed
and deemed to be assessed pursuant to this chapter.
Fees and fines collected by Municipal
Court must be deposited in accordance with state law. (Ord. 3611, 2018)
2.42 020 Municipal court clerk position established. Pursuant to state law, the position of municipal court
clerk is established within the municipal court. The municipal court clerk
shall assist the municipal court judge in the recording and signing of court proceedings
as well as in creating, maintaining and retaining municipal court records. Each
year as part of its annual city budget the city council shall set the salary of
the municipal court clerk and provide for other necessary expenses that may
be incurred in operating the municipal court. (Ord. 2890 §1, 1994).
2.42.030 Limitation of Appeals to State District Court.
A. Appeals from municipal court to state
district court shall be governed by Montana State law and the Montana Uniform Municipal Court Rules of
Appeal to District Court adopted by the Montana Supreme Court.
B. Appeal from a municipal court judgment shall
be limited in the following cases:
1. In civil causes, a minimum amount in
controversy shall exceed $1,000.00, before the district court has jurisdiction
to hear the appeal.
2. In criminal causes, a minimum amount
in controversy, fine or restitution shall exceed $300.00 before the district
court has jurisdiction to hear the appeal, except if the judgment includes
incarceration, no minimum fine may be required for appeal.
3. Appeals may be taken in criminal
cases as provided in Montana State law. (Ord. 3062, 1998)
CITY PRINTING*
Sections:
2.44.010 Contract
rejection and award.
2.44.010 Contract
rejection and award. The city council may reject any and
all bids on all contracts if the bids are deemed by the city council to be too
high, or if the bidders are deemed irresponsible by the city council. All
contracts awarded by the city council for the performance of work or services
must be let to the lowest responsible bidder. (Ord. 2664 §1(part), 1989; Ord.
2051 §2, 1979; prior code §2‑2).
LIBRARY**
Sections:
2.46.020 Library fund‑‑Tax levy.
2.46.030 Destruction or theft of library property.
2.46.040 Unlawful retention of library property.
2.46.050 Giving
false name or address.
* For statutory provisions on municipal
printing contracts, see MCA §7‑5‑4108.
** For statutory provisions on city
libraries, see MCA §22‑1‑301 et seq.
2.46.010 Established.
There is established in the city for the use of the citizens thereof a free
public library, the same to be under such rules and regulations as may be
prescribed by a board of trustees provided for in Chapter 2.56. (Prior Code §17‑1).
2.46.020 Library fund‑‑Tax
levy. At the same time as other taxes are
levied, the city council shall levy a special tax, not to exceed four and one‑half
mills on the dollar, upon all property in the city, for sufficient funds to
maintain adequate public library service. This shall constitute a separate
library fund and shall not be used for any other purposes. No money shall be
paid out of the library fund except upon order or warrant of the library
board. (Prior code §17‑3).
2.46.030 Destruction or theft or library property.
Any person who shall willfully and maliciously or wantonly and needlessly
destroy, mutilate, deface, break, cut, tear, write upon or in any way injure or
steal, take or carry away, contrary to the library regulations, any book,
pamphlet, newspaper, map, chart, manuscript, plate, picture, engraving, statue
or other property belonging to or deposited in the public library of the city
shall be punished as provided by Section 1.20.010. To the fine and penalty imposed
by such section there shall be added the cost of repairing or replacing the
injured or stolen property. All fines and costs of replacing property so taken
or injured, collected in any prosecution under this chapter, shall be paid to
the city treasurer to the credit of the library fund. (Prior code §17‑2).
2.46.040 Unlawful
retention of library property. It is unlawful for any person to
retain any book, newspaper, magazine, pamphlet, manuscript or other property
belonging to or in or on deposit with the public library or any branch, reading
room or institution operated in connection therewith, for a longer time than
that prescribed by the rules of the library. Upon notice in writing to the borrower
requesting the return of such property it shall be immediately returned. Notice
mailed postage prepaid to the borrower's address on file in the library shall
be deemed sufficient. (Prior code §17‑4).
2.46.050 Giving false
name or address. Any person who knowingly and willfully
gives a false name or wrongful address to the library when borrowing books or
other property shall, on conviction thereof, be deemed guilty of a misdemeanor.
(Prior code §17‑5).
BOARD OF
LIBRARY TRUSTEES
Sections:
2.48.010 Composition‑‑Terms‑‑Vacancy
filling.
2.48.020 Members‑‑Interest in contracts
prohibited.
2.48.050 Rules and regulations.
2.48.060 Powers and duties generally.
2.48.010 Composition‑‑Terms‑‑Vacancy
filling.
A. The affairs of the library shall be managed
by a board of five trustees, one of whom shall be appointed by the mayor, with
the advice and consent of the city council, four of whom shall be appointed by
the board of county commissioners, and at least one of the county
commissioners' appointments shall be a city resident. The trustee appointed by
the mayor must be a citizen and resident of the city.
B. Trustees
shall serve without compensation, but their actual and necessary expenses
incurred in the performance of their official duties may be paid from library
funds. A trustee shall hold his/her office for three‑year terms. A term
expires on December 31st of the year in which it expires. A trustee shall serve
no more than two full terms of three years in succession. (Ord. 2379 91, 1984;
prior Code §17‑6).
2.48.020 Members‑‑Interest
in contracts prohibited.
No members of the board of trustees shall be interested either directly
or indirectly in any contract entered into by the board, and any contract
entered into by the board in violation of this section shall be absolutely null
and void. (Prior Code §17‑11).
2.48.030 Members‑‑Removal.
The city council may at any time, by a vote of not less than two‑thirds
of the members of the
council, remove from office its member of the board of trustees of the public
library. (Ord. 2379 §2, 1984; prior code §17‑7).
2.48.040 Meetings.
The board of trustees of the public library shall hold regular meetings at such
time as it shall
by resolution
or otherwise appoint. Special meetings may be called by the president, and must
be called by him upon
the written request
of three or more members of the board. Written notices of all special meetings,
signed by the president or secretary of the board, must be served personally
upon each member of the board, or directed to each member
of the board
and deposited, postage prepaid, in the post office in the city, at least twenty‑four
hours previous to the time of holding any special meeting. Any special meeting
of the board, organized when all members are present and participate in the
business transacted, shall be a legal meeting‑of the board, although no
notice of such meeting was given. (Prior Code §17‑9).
2.48.050 Rules and
regulations. The board of trustees of the public
library may adopt such rules and regulations to govern its meetings, and manner
of. transacting its business as it shall determine upon, not inconsistent with
any of the provisions of this chapter. (Prior code §17‑10).
2.48.060 Powers and
duties generally. The library board of trustees shall
have exclusive control of the expenditures of the library fund, of
construction or lease of library buildings and of operation and care of the
library. The trustees shall:
A. Have the power to contract, including the
right to contract with regions, counties, cities, school districts, educational
institutions, the state and other libraries, to give and receive library
service, and to pay out or receive funds to pay such costs;
B. Have the power to acquire by purchase, devise,
lease or otherwise, and to own and hold real and personal property in the name
of the city, for the use of the library, and to sell, exchange or otherwise
dispose of all property no longer required by the library and to insure the
property‑of the library;
C. Prepare an annual budget indicating what
support and maintenance will be required from public funds and to submit the
same to the city council. A separate budget request shall be submitted for new
construction or capital improvements to existing library property;
D. Make an annual report to the city council on
the condition and operation of the library, including a financial statement.
Trustees shall provide for keeping and submission of such records as are
required by the state library in its requests for annual reports;
E. Have
the powers to accept gifts, grants and donations from whatever and to expend
the same for their specific purposes. These gifts, grants and donations shall
be kept separate from regular library funds and shall not be subject to
reversion at the end of the fiscal year;
F. Exercise such other powers, not inconsistent
with law, necessary for effective use and management of the library;
G. The
library board shall appoint and set the compensation, subject to the budgetary
authority of the city and the county, of the library director (chief librarian)
and shall hear grievances from library employees. The library director shall
hire and fire other employees of the library in accordance with the county
personnel plan;
H. The library board shall prescribe the duties
and responsibilities of the library director and other employees;
I. The library board shall adopt bylaws and
rules not inconsistent with the state law for its own transaction of business
and for the governance of the library, including the days, time and number of
regular meetings of the board. The board shall select a chairman and vice‑chairman
to serve one year terms which may be consecutive and unlimited in number; and
J. The board of trustees shall oversee the
development of additional funding sources to supplement city‑county
appropriations.
A report on funding from such other sources including gifts shall be included
in the library's budget
presentation.
(Ord. 2379 §3, 1984; prior code §17‑2).
DEPARTMENTAL
REPORTS TO COUNCIL
Sections:
2.70.020 Submission of reports.
2.70.030 Other reports as requested.
2.70.010 Purpose. It is the purpose of this ordinance to
establish a process for receiving regular updates regarding strategic plan
objectives on a semi-annual basis. It is
also the purpose to continue regular quarterly financial reporting by the
Finance Office. (Ord. 3048, 1998; Ord. 2323 §1, 1983).
2.70.020 Submission
of Reports.
The strategic plan status report will be compiled and submitted to the
Mayor and City Council for review in January and August of each year. Quarterly
financial reports will be prepared and distributed by the Finance Office. (Ord. 3048, 1998; Ord. 2323 §2, 1983).
2.70.030 Other
Reports as Requested.
From time to time the City Council may request information on specific
projects or issues. Individual
departments, City agencies, authorities and commissions may be asked to respond
either in writing or orally before a Council Committee. Departments, City agencies, authorities and
commissions may also want to update the City Council on issues affecting their
responsibilities and will refer those reports to the appropriate Council
Committee when necessary. (Ord. 3048,
1998; Ord. 2323 §3, 1983).
2.70.040 Contents of
report.
Any status report required by this ordinance shall contain any
information pertinent to the strategic objectives outlined in the strategic
plan. The financial report shall include
information regarding expenditures, revenues collected, percent of current
budget expended, and actual budget amounts remaining. (Ord. 3048, 1998; Ord. 2323 §4, 1983).
RESIDENCY
REQUIREMENTS FOR EMERGENCY
PUBLIC SAFETY EMPLOYEES
Sections:
2.80.020 Applicability of chapter.
2.80.030 Continuous residency requirement.
2.80.050 Failure to comply with chapter.
2.80.060 Measurement of thirty minute average and reasonable
response time.
2.80.010 Purpose.
The purpose of this chapter is to better protect the health, safety and welfare
of the citizens of the city by establishing a continuous residency requirement
for emergency public safety employees of the city who are employed in the
police and fire departments. The city
council declares that such a regulation is necessary and desirable in order to
better ensure a relatively quick response time by public safety emergency
personnel whenever emergency public safety employees must be called to work from their residence and desirable
regulation in order to
promote a feeling of greater personal responsibility for the welfare of the
municipality of the city. (Ord. 2381 §1, 1984).
2.80.020 Applicability
of chapter. The provisions of this chapter shall
be applicable to all peace officers and firefighters employed by the city. The
definition of a "peace officer" shall have the same meaning as it
does in Montana State law Sections 45‑2‑101(48) and 46‑1‑210(8),
MCA. A "peace officer" is defined as meaning any person who by virtue
of his office or public employment is vested by law with a duty to maintain
public order or make arrests for offenses while acting within the scope of this
authority. The definition of a "firefighter" shall have the same
meaning as it does in Montana State law Section 19‑13‑104(7). A
"firefighter" is defined as meaning a person employed as a full paid
firefighter by the city. (Ord. 2381 §2, 1984).
2.80.030 Continuous residency requirement. Except as otherwise provided in Chapter
2.82, every individual employed by the city as either a peace officer or a
firefighter shall be required to be a resident of the city or a resident of an
area located within a thirty minute average and a reasonable response time from
the city limits as determined by the chief of the employee’s respective
department. This residency requirement applies from the date of initial
employment to the end of employment as a city peace officer or city firefighter
(Ord. 3495, 2013; Ord. 2978, 1996; Ord. 2381 §3, 1984).
2.80.040 Exception.
Any individual currently employed by the city as a full‑time peace
officer or full‑time firefighter who does not currently reside within the
geographical limits described in this chapter, shall be allowed to maintain his
present residence. In the event that he change his present residence, he must
immediately move within the geographical limits described in this chapter. Job‑related
calls made to grandfathered residences outside the local directory will be paid
for by the resident employee. (Ord. 2381 §4, 1984).
2.80.050 Failure to comply with chapter. Failure of a city peace officer or city firefighter to
comply with the provisions of this chapter shall result in the automatic
termination of the individual as a peace officer or firefighter employed by the
city. (Ord. 2381 §5, 1984).
2.80.060 Measurement of thirty minute average and
reasonable response time. The measurement of
the thirty minute average and reasonable response time will be measured from
the city limits as verified by the employee's respective department chief. Final say on the measurement will rest with
the employee's respective chief. (Ord.
2978, 1996; Ord. 2381 §6, 1984).
ESTABLISHMENT
OF CONTINUOUS RESIDENCY REQUIREMENTS
WITHIN
THE CITY LIMITS FOR CITY DEPARTMENT HEADS AND SUPERVISORY MANAGERS
Sections:
2.82.010 Purpose
of city department head and supervisory manager residency requirements
2.82.020 City department heads and supervisory managers
subject to this chapter
2.82.030 Continuous
residency requirement
2.82.040 Exception
for individuals currently employed by the City of Missoula.
2.82.010 Purpose of city department head and supervisory
manager residency requirements. This chapter establishes a requirement
that city department heads and supervisory managers hired after the effective
date of this ordinance reside continuously within the city limits. The purpose
of this requirement is to promote a greater personal responsibility on the part
of department heads and supervisory managers for the general welfare, health and safety of the citizens of the
city, while simultaneously having the department heads and supervisory managers
as residents contribute to paying their own salary and benefits through city
property taxes. The city council declares that this continuous residency
requirement for department heads and supervisory managers is desirable and
necessary in order to further ensure department head and supervisory manager
understanding and sensitivity to city community issues as well as to be
financial contributors to their salaries and benefits. (Ord. 3495, 2013)
2.82.020 City department heads and supervisory managers
subject to this chapter.
This chapter shall be applicable to the
following city department head and supervisory manager positions:
A.
City Attorney;
B.
City Clerk;
C.
Central Services Director;
D.
City Police Chief;
E.
City Fire Chief;
F.
Development Services Director;
G.
Missoula Redevelopment Agency (MRA) Director;
H.
Parking Commission Director;
I.
Parks Director;
J.
Public Works Director;
K.
City Engineer; and
L.
Chief Administrative Officer.
(Ord. 3497, 2013; Ord. 3495, 2013)
2.82.030 Continuous
residency requirement. After the effective date of this ordinance, every
individual hired by the city as a department head or supervisory manager
identified in section 2.82.020 shall be required to maintain residence within
the city limits. This requirement applies from the date 180 days after initial
employment through the duration of employment as department head or supervisory
manager. The term “residence” shall mean the department head or supervisory
manager’s permanent domicile and legal residence which shall be the permanent
physical abode, house or other dwelling place in which the department head or
supervisory manager resides and to which the department head or supervisory
manager goes and remains when not called elsewhere for labor or other special
or temporary purpose and to which the department head or supervisory manager
returns in times of repose. (Ord.
3495, 2013)
2.82.040
Exception for individuals currently employed by the City of Missoula. Any individual employed
by the City of Missoula on the effective date of this ordinance is not subject
to Section 3 of this ordinance and is eligible for promotion without city
residency requirements. Any individual employed by the City of Missoula
that resides within the city limits on the effective date of this ordinance,
including department heads and supervisory managers, may move outside the city
limits. Pursuant to Mont. Code Ann. § 3-6-202(2) a municipal court judge is
authorized to be a county resident. As long as § 3-6-202(2) is law a municipal
court judge is not subject to this ordinance.
(Ord. 3495, 2013)
2.82.050 Failure to comply with provisions of this chapter shall
result in automatic termination as department head or supervisory manager. Failure of a department head or supervisory manager to
comply with the provisions of this chapter shall result in automatic
termination of the individual as a department head. Any employee terminated
under this chapter may be eligible for city employment exclusive of positions
provided for in this chapter. (Ord.
3495, 2013)
Chapter 2.84
HISTORIC PRESERVATION
COMMISSION (Repealed, Ord. 3409, 2009)
Sections:
2.84.010 Repealed (Ord. 3409, 2009; Ord. 3184, 2001; Ord.
2585 §91‑‑3, 1987).
2.84.020 Repealed (Ord. 3409, 2009; Ord. 3184, 201; Ord. 2585 §4, 1987).
2.84.030 Repealed (Ord. 3409, 2009; Ord. 3271, 2004; Ord. 3184, 2001; Ord.
2585 §6, 1987).
2.84.040 Repealed
(Ord. 3409, 2009; Ord.
3184, 2001; Ord. 2585 §4, 1987)
2.84.050 Repealed (Ord. 3409, 2009; Ord. 3184, 2001; Ord.
2585 §7, 1987).
2.84.060 Repealed (Ord. 3409, 2009; Ord. 3184, 2001; Ord.
2585 §8, 1987).
2.84.070 Repealed (Ord. 3409, 2009; Ord. 3184, 2001; Ord. 2585 §9, 1987).
CAPITAL
IMPROVEMENT PROGRAM FUND
Sections:
A.
Pursuant to the authority granted to the city pursuant to Section 7‑6‑4134
MCA as part of a prudent, well planned and well managed city capital asset
program, there is established a separate fund in the city budget to be known as
the capital improvement program fund. The monies allocated to this fund shall
be earmarked for the replacement and acquisition of property, plant or
equipment costing in excess of five thousand dollars, with a life expectancy of
five years or more.
B. The mayor shall annually, as part of the
annual city budget preparation, review and make recommendations to the city
council for the city council's review and consideration, as amended by the
city council, an annually updated five year capital improvement program. (Ord.
2764 51, 1991).
CODE OF ETHICS
Sections:
2.88.020 Organizational
Responsibility
2.88.040 Just
and equitable treatment.
2.88.060 Gifts
and Things of Value.
2.88.070 Conflicts
of Interest.
2.88.090
Contemporaneous employment.
2.88.100 Subsequent
employment.
2.88.110 New
employee training.
2.88.120 Ethics
Advisory Committee
2.88.130 Violation
of ordinance.
The
Code establishes minimum standards of conduct and is designed to assist public
officers, officials and employees in understanding their obligations. This Code of Ethics applies to all officers,
officials and city employees, whether full-time, part-time, seasonal or
temporary.
Public
confidence in government is essential and the City can help sustain it by
establishing and enforcing rules to assure the impartiality and honesty of
officials and employees in all public transactions and decisions. Each affected agency of city government
should inform its employees of the provisions of this chapter and strive to
effectively enforce its requirements by seeking appropriate assistance from the
City Attorney, Mayor’s office or Personnel office. (Ord. 3110, 1999)
2.88.020 Organizational
Responsibility. The
administrative and legislative affairs of the city shall be conducted in a
manner free from influences and/or activities that compromise the integrity of
the process. Services and goods procured
by and for the city shall be done so in a fair and unbiased manner. (Ord. 3110, 1999)
2.88.030 Definitions. Unless the context specifically
indicates otherwise, the meanings of terms used in this ordinance shall be as
follows:
A.
Department shall mean and include all divisions, agencies, offices,
departments, boards and commissions, authorities or committees of the city.
B.
Employee shall mean and include any person in the employ of the city
or of any agency or department thereof, whether receiving compensation or not.
C.
Gift shall
mean any benefit, favor, service, privilege, or thing of value which could be
interpreted as influencing an employee’s impartiality. Gifts include, but are not limited to: trips,
money, merchandise, foodstuffs, and tickets to sports, civic or cultural
events; services or work provided by City suppliers and offers of future
employment from City suppliers. Gifts do
not include items that would not ordinarily be interpreted as affecting an
employee’s impartiality; such as an occasional business lunch, potted plants or
flowers, boxes of candy for office personnel, “gimme
caps” or advertising office supplies, such as pencils, calendars, or pens, or
other token gifts of small value.
D.
Immediate and direct official action shall mean any vote, decision,
recommendation, approval, disapproval, or other action, including inaction,
which involves the use of discretionary authority.
E.
Officer shall mean and include any person in the service or employ
of the city whose office is set forth in the City of Missoula Charter.
F.
Official shall mean and include any person who individually, or
collectively with others, employs the employees or controls the personnel of
any group of employees defined by subsection (1) hereof to be a department,
together with any person who individually or collectively with others
constitutes a “department” as so defined regardless of whether the person is
technically deemed an “officer” or “employee” of the city.
G.
Substantial conflict of interest shall mean a situation, which is likely
to affect the judgment or actions of an officer, official, or employee in the
performance of duties as such officer, official, or employee.
H.
Financial Interest shall mean any interest which shall
yield, directly or indirectly, a monetary or other material benefit (other than
duly authorized salary or compensation for services to the City) to the
employee or any other person retaining the services of the officer, official or
employee. (Ord. 3110, 1999)
A. Use of Public Property. No officer, official or employee shall
request or permit the use of city-owned vehicles, equipment, materials or
property or the expenditure of city funds for personal convenience or profit
unless authorized by other agreement. Use or expenditure is to be restricted to
such services as are available to the public generally or for such employee in
the conduct of official business.
Administrative Rule # 11 specifically addresses employees’ use of
city-owned vehicles in the course of their work.
B. Obligations to Citizens. No officer, official or employee shall grant
any special consideration, treatment or advantage beyond that which is
available to every other citizen.
C. Except as authorized by law and in the
course of his or her official duties, no officer, official or employee shall
use the power or authority of his or her office or position with the city in a
manner intended to induce or coerce any other person to provide such officer,
official or employee or any other person with any compensation, gift, or other
thing of value directly or indirectly.
D. No officer, official or employee may ask
for or receive, directly or indirectly, any compensation, gift, or thing of
value, or promise thereof, for performing or for omitting or deferring the
performance of any official duty, or action by the city other than the
compensation, costs or fees provided by law.
(Ord. 3110, 1999)
2.88.050 Campaign
activities.
City employees are encouraged to participate in the political process on
their own time, with their own personal resources, and outside of the workplace
by working on campaigns for the election of any person to any office or for the
promotion of or opposition to any ballot proposition. Employees shall not use or authorize the use
of the facility of the City of Missoula for such purposes except as authorized
by law. See subsection 2 –2-121 (3) MCA
which applies to public officers, officials and employees. City employees may provide neutral,
objective, and factual data regarding campaign related issues or
individuals. (Ord. 3110, 1999)
Gifts
do not include items for which fair market value is paid or which are
reimbursed by the city, or items received but donated to a charitable
organization within 30 days of receipt of the gift. If the gift is a perishable item, such as
flowers or candy, it may be placed on a public counter and shared with the
public. Meals are not considered gifts
or items of value. (Ord. 3110, 1999)
No
officer, official or employee shall engage in any act that is in conflict with
the performance of official duties. An
officer, official or employee shall be deemed to have a conflict of interest if
he or she directly or indirectly:
A.
Receives
or has any financial interest in any purchase, sale or lease to or by the city
of any service or property when such financial interest was received or
obtained with the prior knowledge that the city intended to purchase, sell or
lease such property or service;
B.
Is
beneficially interested, directly or indirectly, in any contract, sale, lease,
option or purchase that may be made by, through, or under the supervision of
the employee, in whole or in part, or accepts, directly or indirectly, any
compensation, gift or thing of value from
any other person beneficially interested therein;
C.
Accepts
or seeks for others, directly or indirectly, any employment, travel expense,
service, information, compensation, gift or thing of value on more favorable
terms than those granted to other city employees or the public generally. These favorable terms may not be solicited
from any person doing business, or seeking to do business with the city in an
area for which the employee has responsibility or with regard to which he or
she may participate. This subsection
shall not apply to the receipt by elected officials, or by employees who are
supervised directly by an elected official, of meals, refreshments or
transportation within the boundaries of the city when given in connection with
meetings with constituents or meetings which are informational or ceremonial in
nature. (Ord. 3110, 1999)
A. During or for six (6) months following
termination of office or employment, obtain employment in which he or she will
take direct advantage, unavailable to other, of matters with which he or she
took immediate and direct official action during his or her term of employment;
B. Engage in any action or litigation in which
the city is involved, on behalf of any other person or entity, when the action
or litigation involves an issue on which the employee took immediate and direct
official action while an employee of the city, for one (1) year following
termination of service with the city. (Ord. 3110, 1999)
2.88.120
Ethics Advisory Committee. An Ethics Advisory Committee shall be
established to provide advice and counsel to officers, officials and employees
who may have a question regarding an issue that relates directly to them. The Committee shall consist of the Chair of
Administration and Finance Committee or his or her designee, City Attorney,
Chief Administrative Officer, and Personnel Director. The recommendations or comments of the
committee are only advisory and hold no weight or affect on the direction the
officers, officials and employees take with regard to the issue raised. Members of the committee are charged with
keeping all information confidential.
They shall monitor the Code of Ethics and recommend changes as the need
arises. (Ord. 3110, 1999)
2.88.130
Violation of ordinance. Violation of this ordinance shall be ground
for discharge or other disciplinary action. Disciplinary action and grievance
procedures will be conducted according to the City’s Personnel Policies and
Montana Code Annotated where appropriate.
(Ord. 3110, 1999)
2.90.020 Architect-Engineer
Services Defined
2.90.060 Evaluation
Process for Major Projects
2.90.010 Purpose. It is the
purpose of the City of Missoula to enhance the quality of the selection and
negotiating process for A/E services. Through this procurement procedure the
City of Missoula will:
A. Obtain the most
qualified professional services at a reasonable cost.
B. Establish an open, documented procedure for selection
of professional services.
C. Avoid potential conflicts of interest, or the
appearance of favoritism in the selection.
D. Permit all qualified professionals to have an
opportunity to be considered. (Ord. 3112, 1999)
2.90.020 Architect-Engineer Services
Defined.
A.
Professional services of an architectural or engineering nature, as defined by
State law, which are required to be performed or approved by a person licensed,
registered, or certified to provide such services;
B. Professional services of an architectural or
engineering nature performed by contract that are associated with research,
planning, development, design, construction, alteration, or repair of real
property; and
C. Such other professional services of an architectural
or engineering nature, or incidental services, which members of the
architectural and engineering professions (and individuals in their employ) may
logically or justifiably perform. This service includes studies,
investigations, surveying and mapping, tests, evaluations, consultations,
project programming and scoping, pre-design, comprehensive planning,
program management, conceptual designs, plans and specifications, value
engineering, construction phase services, soils engineering, drawing reviews,
preparation of operating and maintenance manuals, and other related services.
(Ord. 3112, 1999)
A. Annual Solicitation/Pre Qualification:
At the beginning of each calendar year the City shall publicly advertise the
invitation to file Standard Federal Government Form (SF) 254 or the State of
Montana equivalent. The 254 or equivalent State filing permits the City to
consider a firm for providing professional services as defined in this
procedure. The request for this filing is effective for the calendar year and
254 or equivalent State forms will be accepted throughout the year.
Qualification for participation will be identified by experience in the following
categories:
1. Sanitary sewer
main construction
2. Sanitary sewer
main SID construction
3. Street and
storm drainage reconstruction
4. New street and
storm drainage construction
5. Traffic
engineering
6. Parking lot
construction
7. Structural work
8. Public building
remodel or construction
B. Project Solicitation: For Major Projects only, a City Request for Proposal
(RFP) or Request for Qualifications (RFQ) will be publicly advertised and sent
to all firms qualified for the project. Proposals submitted by the consultants
shall contain the Standard Federal Government Form (SF) 255 or equivalent State
of Montana form and other information specifically addressing the rating
criteria. Selections will be made as outlined in the Project Categories section
of this procedure. The (SF) 255 or its equivalent State form may contain up to
ten (10) years of historical projects.
C. RFQ/RFP Format: Requests for proposals will include the following:
1. Project title
2. Project description and reason for project
(information required to provide a proposal that will represent a complete
design/management process)
3. Scope of
services desired
4. Special
contract provisions, if any
5. Estimated
budget or cost of the project
6. Instructions
for submittal of qualifications and format of response
7. Submission
deadline
8. Name and
telephone number of agency representative
9. Criteria for
selection
10. Number of
copies desired (Ord. 3112, 1999)
Major Projects: Projects with an
estimated fee equal to or in excess of $100,000 for engineering services
and equal to or in excess of $25,000 for architectural services will be awarded
based on the following criteria and in accordance with Section VI. Evaluation
Process for Major Projects:
Professional
qualifications necessary for satisfactory performance of required services;
1.
Expertise of key personnel;
2.
Suggested project approach (understanding of project)
3.
Past performance on contracts with Government agencies
and private industry in terms of cost control, quality of work, and compliance
with performance schedules;
4.
Demonstrated success in prescribing the use of recovered
materials and achieving waste reduction and energy efficiency in facility
design (This criteria will be applied only in relevant facility improvements as
determined by the department head);
5.
Response of references;
6.
Ability to meet time schedule;
7.
Availability and familiarity to locale.
Intermediate Projects: Projects with an
estimated consultant fee in excess of $10,000 and less than $100,000 for
engineering services and in excess of $5,000 and less than $25,000 for
architectural services will be awarded on a rotational basis of the most
qualified consultants per each category of the Annual Solicitation/Pre
Qualification Procedure in Section
III--Procedure. Criteria for most qualified would include professional
qualifications, past performance, and related experience in each category.
Award shall be contingent upon the ability of the consultant to meet the
project schedule, availability of key personnel and fee negotiation. If the
consultant is unable to meet these requirements then the next most qualified
consultant on the rotation list will be contacted for negotiation.
Minor Projects: Projects with an
estimated fee of less than $10,000 for engineering and less than $5,000 for
architectural services are considered minor projects(Architectural consultant
providing pre-design and project programming architectural services for
Intermediate and Major Projects shall be selected in accordance with the
appropriate Project Category based upon the total project cost). The City may
award this work to an A/E based upon past performance on similar work, project familiarity,
ability to meet time and budget requirements, and availability of key
personnel. (Ord. 3112, 1999)
2 90.050 Selection Committee. Under the general direction of the head of
the department contracting for an activity, a selection committee shall be
assembled which includes:
A. The department head (or designee) who has
project management experience/training.
B. One member of
the engineering staff
C. Other qualified professional employees of the City
who have experience in architecture, engineering, construction, Government and
related acquisition matters, or who may be directly affected by the project.
It is important that technical expertise and
stakeholders are represented along with staff members who will work on the
project. Department head should consider
an outside representative to serve on the committee when specific experience is
needed but not available in‑house.
The selection committee's responsibilities are as
follows:
A. Review the current data files on eligible firms and
responses to a public notice concerning the particular project.
B. Evaluate the firms in accordance with the criteria
established in this administrative rule.
C. Prepare a selection report for the City Council
recommending, in order of preference, those firms that are considered to be the
most highly qualified to perform the required services. The report shall
include a summary of the evaluation determining the most qualified and the
budgetary authority to complete work.
(Ord. 3112, 1999)
2.90.060 Evaluation Process for Major Projects
A.
Proposal Evaluation: Submitted Proposals for Major Projects
in response to the RFQ/RFP, will be evaluated by the Selection
Committee based on the following criteria:
|
Criteria |
|
||
|
1. |
Professional
qualifications |
0-25 |
|
|
2. |
Expertise of
key personnel assigned to the project |
0-20 |
|
|
3. |
Past
Performance and Project Execution, References |
0-10 |
|
|
4. |
Suggested
project approach (understanding of project) |
0-25 |
|
|
5. |
Ability to
meet time schedule |
0-10 |
|
|
6. |
Availability
and familiarity to locale |
0-7 |
|
|
7. |
Local
preference |
1-3 |
|
|
|
Maximum total points |
100 |
|
Criteria Definitions:
1.
Professional
qualifications ‑ References
are checked to determine the quality of performance in the service area being
requested. Length of time the consultant has been in business. Statements of
qualifications are evaluated against the project needs. Visits to current job
sites or interviews of past clients may be necessary. Elements to be considered
would be terms of cost control, quality of work, and compliance with
performance schedules are acceptable.
2.
Experience
of key personnel – Total number,
availability and expertise of key personnel must be reviewed. Assure that the
consultant has the specialized experience and technical competence required.
3.
Past
performance and project execution and references - Evaluate
past performance on similar projects, with consideration given
to factors such as quality of work, adherence to contract terms, compliance
with performance schedules, and cost controls.
Assure past scopes of work on contracts with government
agencies and private industry are consistent with the City’s requirements. Selection
Committee will consider other client’s references on similar projects..
4.
Suggested
project approach ‑ Assure that the approach the applicant has suggested, meets the
needs of the City and follows all legal requirements and statutory obligation.
5.
Ability to
meet time schedule ‑ Determine
that the applicant has the capacity to accomplish the work in the time
specified in the request for proposals .
6.
Availability
and familiarity to locale ‑ Determine that the applicant is
familiar with the locale and local governmental and regulatory agencies to
perform the project. Determine that the consultant is available to manage day
to day onsite duties.
7.
Local
Preference – Firms with an established business location within Missoula
County, will be assessed 3 total points (out of a possible 3); Firms located
within the State of Montana, or within 150 miles of Missoula city limits, if
not located in the State of Montana, will be assessed 2 total points (out of a
possible 3); and Firms located outside the state of Montana, or further than
150 miles from the Missoula city limits, will be assessed 1 point (out of a
possible 3.)
When selecting a consultant
for Major Projects estimated to cost over $1 million, the Selection Committee
may choose to pre-qualify consultants submitting proposals by requesting
submittals of qualifications (RFQ) only. Submittals would be ranked according
to Criteria 1-4 as a minimum, Criteria #1 and #2 and highest ranked three
to five would be requested to submit complete proposals (RFP).
B.
Interview Process (Major Projects):
The Selection Committee may choose to interview the highest ranked
two to four firms. If interviews are
conducted, a listing of all firms to be interviewed will be distributed.
Interviews responses will be considered to be in addition to all other
selection criteria and submissions.
After selection is complete, City staff will entertain written
requests for debriefing on selection decisions.
All information submitted by firms and related to the committee
evaluations and rankings shall be considered confidential until a
recommendation has been made. Debriefing
will include a review of the proposal scores relative to the criteria listed in
the RFP.
Submitting firms will be notified privately of their proposal
ranking and their resulting position relative to the other firms
|
Criteria |
Points |
|
|
1. |
Professional
qualifications |
0-25 |
|
2. |
Experience of
Key Personnel Assigned to the Project |
0-20 |
|
3. |
Past
Performance and Project Execution, References |
0-10 |
|
4. |
Suggested
Project Approach (Understanding of Project) |
0-25 |
|
5. |
Ability to
meet time schedule |
0-10 |
|
6. |
Availability
and familiarity to locale |
1-7 |
|
7. |
Local
preference |
1-3 |
|
|
Maximum Total Points |
100 |
The firm ranked first in the
Interview Process will be contacted by the Department head(or designee)to begin
negotiations. The Department head or
designee will negotiate the final consultant services agreement and submit the
agreement to the City Council for approval inclusive of the Selection Report as
outlined in Section V. If a satisfactory agreement cannot be obtained with the
top-ranked firm, negotiations will cease and the second-ranked firm will be
contacted for negotiations.
(Ord. 3563, 2016; Ord. 3112, 1999)
Sections:
2.92.030
Records and information management program established
2.92.050
City records declared public property
2.92.060 Public
access to records
2.92.070
Establishment and duties of records advisory committee
2.92.080
Designation of records manager.
2.92.090 Duties and responsibilities of department
heads
2.92.100 Designation of records coordinators
2.92.110 Duties and responsibilities of records
coordinators
2.92.120 Records retention schedules to be developed,
reviewed and approved
2.92.130 Implementation of records retention
schedules; destruction of records under schedules
2.92.140 Destruction of unscheduled records
2.92.150
Preservation of permanent records
2.92.160
Custody of records; removal
2.92.170
Recovery of City records
2.92.010 Purpose. The
purpose of this ordinance is to establish a records and information management
program for the City of Missoula to provide for the creation and administration
of a records and information management program and establishing the duties and
responsibilities of City personnel with respect to City records. (Ord. 3178,
2001)
2.92.020
Policy. It is hereby declared to be the policy
of the City to provide for efficient, economical and effective controls over
the creation, distribution, organization, maintenance, use and disposition of
all City records through a comprehensive system of integrated procedures for
the management of records from their creation to their ultimate disposition,
consistent with the requirements of the State of Montana. (Ord. 3178, 2001)
2.92.030 Records and
information management program established. There is hereby established a records and information
management program. The Mayor is responsible for directing the program and the
City Clerk shall coordinate records and information management program
operations among the City offices and departments.
The records and
information management program shall be binding on all offices, departments,
divisions, programs, bureaus, boards, commissions, committees or similar
entities of the City and records shall be created, maintained and disposed of
in accordance with the program. (Ord. 3178, 2001)
2.92.040 Definitions.
The following words, terms and phrases,
when used in this chapter, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different meaning:
Active
records shall mean a
record that is referenced or used on regular basis, a frequently used record
that needs to be available for immediate access by users.
Administrative
value shall mean the
value attributed to a record series to the creating office in the performance
of its assigned operations within the City; the period of time a record may be
needed within the organization for administrative or operational purposes.
Archives shall mean those official records,
which have been determined by the records manager and the records advisory
committee to have sufficient historical or other value to warrant their
continued preservation by the City.
City or
municipal records shall
mean any paper, correspondence, form, book, photograph, microfilm, magnetic
tape, computer storage media, map, drawing, or other document, including all
copies thereof, regardless of physical form or characteristics, that has been
made or received by the City in connection with the transaction of official business
and preserved for informational value or as evidence of a transaction and all
other records or documents required by law to be filed with or kept by any
department of the City of Missoula.
Department
head shall mean the
officer or employee who by administrative appointment is in charge of an office
of the City that creates or receives records.
Fiscal value shall mean the value attributed to a
record series, which documents financial transactions; the period of time a
record must be retained for financial reasons or for tax/audit requirements.
Historical
value shall mean the
determination that records possess value in elucidating the history of the City
and are thus worthy of permanent preservation as archival materials. Also referred to as archival value.
Inactive
record shall mean a
record that is referenced or used fewer than ten (10) times annually; a record
that does not need to be immediately available, but must be retained for legal
reasons or because users have an infrequent need to access it and it has not
yet met its retention period.
Legal value shall mean the usefulness of a record
in complying with statues and regulations, as evidence in legal proceedings, or
as legal proof of business transactions.
Non-record shall mean those materials such as
reference books, exhibit materials, etc., created or acquired and preserved
solely for reference use or exhibition purposes; extra copies of documents
preserved only for convenience or reference, and stocks of publications shall
not be included within the definition of City records as used in this chapter.
Permanent
record shall mean any
records having sufficient historical value to warrant permanent or continued
preservation beyond the time they are needed for administrative, legal or
fiscal purposes.
Records
advisory committee
shall mean the committee established in section 2.92.070.
Records
custodian shall mean
any individual responsible for the proper filing, storage or safekeeping of any
City records.
Records
coordinators shall mean
the persons designated under section 2.92.100
Records and
information management
shall mean the application of management techniques to the creation, use, maintenance,
retention, preservation and disposal of records for the purposes of reducing
the costs and improving the efficiency of record keeping. The term includes the
development of records retention schedules, the management of filing and
information retrieval systems, the protection of vital records, the
preservation of permanent records, the economical and space effective storage
of inactive records, control over the creation and distribution of forms,
reports and correspondence, and the management of micrographic and electronic
and other records storage systems. It
is the systematic control of the City's records from their creation or receipt
to their final preservation or destruction.
Records and
information management program
shall mean the program developed under sections 2.92.060
through 2.92.170
Records
manager shall mean the
person designated in section 2.92.080.
Records
retention schedule
shall mean a document prepared by or under the authority of the Mayor, listing
the records maintained by the City, their retention periods and other records
disposition information that the records and information management program may
require.
Record
series shall mean a
group of similar or related records, used or filed as a unit which permits
evaluation as a unit for retention scheduling purposes.
Retention
period shall mean the
period of time during which records must be retained in a certain location or
form because they are needed for operational, legal, fiscal, or historical
purposes. A retention period may be
stated in terms of months or years, and is sometimes expressed as contingent
upon the occurrence of an event.
Vital record shall mean any record of the City
required to re-establish or continue the City in the event of a disaster; records containing unique and irreplaceable
information necessary to recreate an organization's legal and financial
position and preserve the rights of the organization and its employees and
citizens. Vital records include records
whose informational value to the City is
so great, and the consequences of loss are so severe, that special
protection is justified in order to reduce the risk of loss. (Ord. 3178, 2001)
2.92.050 City records declared public property.
All municipal
records are hereby declared to be the property of the City. No City official or
employee has, by virtue of his/her position, any personal or property right to
such records even though she/he may have developed or compiled them. The
unauthorized destruction, removal from files or use of such records is
prohibited. Any custodian of any public records shall, at the expiration of
his/her appointment or employment, deliver to a successor, or if there be none,
to the City Clerk, all books, writings, letters, documents, public information
or other information, recorded on any medium, created, kept or received in the
transaction of official business. (Ord. 3178, 2001)
2.92.060 Public access to records. Public
access to City records shall be provided as authorized by Montana law and City
Council ordinance and/or resolution. (Ord. 3178, 2001)
2.92.070
Establishment and duties of records advisory committee. A
records advisory committee consisting of the City attorney, the City Clerk, the
finance director, the information services director, and the City/County
historic preservation officer is hereby established. The committee shall:
A. Assist the records manager in the development
of administrative rules governing the records and information management
program.
B. Review the performance of the program on
a regular basis and propose changes and improvements if needed.
C. Review and approve records retention
schedules submitted by the records manager.
D. Give final approval to the destruction
of records in accordance with the approved records retention schedules.
E. Actively support and promote the records
and information management program throughout the City.
2.92.080 Designation of records
manager. The
City Clerk is designated as the City records manager and shall administer the
records and information management program and be responsible for City-wide
files management and the direction and control of the City's records disposition
program. The records manager shall report to and be responsible to the chief
administrative officer in the same manner as other department heads.
In addition to
other duties assigned in this chapter, the records manager shall:
A. Administer the records and information
management program and provide assistance to department heads in its
implementation.
B. Plan, formulate and prescribe records
disposition administrative rules, systems, standards and procedures.
C. In cooperation with department heads, prepare,
update and amend retention schedules, identify vital and permanent records and
develop a disaster plan for each City office and department ensuring maximum
availability of the records, reestablishing operations quickly and with
minimizing disruption and expense.
D. Develop procedures to ensure the
permanent preservation of the historically valuable records of the City.
E. Provide records and information
management advice and assistance to all City departments by preparing a records
and information management manual containing procedures for City staff to use
in implementing the records and information management program and through
on-site consultation.
F. Monitor records retention schedules and
administrative rules issued by the State of Montana to determine if the records
and information management program and the City's records retention schedules
are in compliance with state regulations.
G. Instruct records coordinators and other
personnel in implementation of the records and information management program
and their duties in the program.
H. Direct records coordinators or other
personnel in the conduct of records inventories and in preparation for the
development or updating of records retention schedules.
I. Ensure that the maintenance,
preservation, destruction or other disposition of City records is carried out
in accordance with the records and information management program and the
requirements of state law.
J. Report regularly to the chief
administrative officer on the compliance and effectiveness of the program in
each City department. Bring to the attention of the Chief Administrative
Officer noncompliance by department heads or other City personnel with the
records and information management program.
K. Maintain identity of records destroyed
under the approved records retention schedules. (Ord. 3178, 2001)
2.92.090 Duties and
responsibilities of department heads. In addition to other duties assigned in
this chapter, department heads shall:
A. Cooperate with the records manager in carrying
out the policies and procedures established by the City for the efficient and
economical management of records and in carrying out the requirements of this
chapter.
B. Adequately document the transaction of
government business and the services, programs and duties for which the
department head and his staff are responsible.
C. Maintain the records in his/her care and
carry out their preservation, destruction or other disposition only in
accordance with the records and information management program of the City and
the requirements of this chapter.
D. Designate a member of his/her staff to
serve as records coordinator for the implementation of the records and
information management program in the department.
E. Coordinate the purchase, acquisition and
application of any technology to the creation, use and disposition of any City
records with the members of the records advisory committee. (Ord. 3178, 2001)
2.92.100 Designation of records coordinators.
Each department
head shall designate a member of his/her staff to serve as records coordinator
for the implementation of the records and information management program in the
department. If the records manager determines that in the best interests of the
records and information management program more than one (1) records coordinator
should be designated for a department, the department head shall designate the
number of records coordinators specified by the records manager. Persons
designated as records coordinators shall be thoroughly familiar with all
records created and maintained by the department and shall have full access to
all records of the City maintained by the department. In the event of the
resignation, retirement, dismissal or removal of a person designated as a
records coordinator, the department head shall promptly designate another
person to fill the vacancy. A department head may serve as records coordinator
for his/her department. (Ord. 3178, 2001)
2.92.110 Duties and responsibilities of records
coordinators. In
addition to other duties assigned in this chapter, records coordinators shall:
A. In cooperation with the records manager and
the department head, conduct inventories of the records of the department in
preparation for the development or updating of records retention schedules.
B. In cooperation with the records manager
and the department head, coordinate and implement the policies and procedures
of the records and information management program in their departments.
C. In cooperation with the records manager
and the department head, disseminate information to departmental staff
concerning the records and information management program.
D. When necessary, advise the records
manager and the department head of the obsolescence of records, the creation of
new records series, and/or the need for amendments to departmental retention
schedules. (Ord. 3178, 2001)
2.92.120 Records retention
schedules to be developed, reviewed and approved.
A. The records manager, in cooperation with
department heads and records coordinators, shall prepare records retention
schedules on a department by department basis, listing all records created or
received by the department and the retention period for each record. Records
retention schedules shall also contain such other information regarding the
disposition of City records as the records and information management program
may require.
B. Each records retention schedule shall be
monitored and amended as needed by the records manager on a regular basis to
ensure that it is in compliance with records retention schedules issued by the
state and that it continues to reflect the record keeping procedures and needs
of the department and the records and information management program of the
City.
C. Before its adoption, a records retention
schedule or an amended schedule for a department must be approved by the
department head and the members of the records advisory committee. New
retention periods to be included in records schedules shall be submitted by the
department head to the records manager. The records manager shall notify the
records advisory committee of the request. The committee will act on the
request. The records manager will notify the department head of the committee's
determination.
D. Before its adoption, a records retention
schedule must be submitted to and reviewed by the state local government
records committee, as provided by state law. The records manager shall submit
the records retention schedules to the state local government records committee
for review.
E. Upon successful review by the state
local government records committee, adoption of the records retention schedules
shall be via administrative rule. (Ord.
3178, 2001)
2.92.130. Implementation of
records retention schedules; destruction of records under schedules.
A. A records retention schedule for a department
that has been approved and adopted under Section 2.92.120 shall be
implemented by department heads and records coordinators according to the
policies and procedures of the records and information management plan.
B. A record whose retention period has
expired according to a records retention schedule may be destroyed unless an
open records request is pending on the record; the subject matter of the record
is pertinent to a pending lawsuit; or the department head requests in writing
to the records advisory committee via the records manager that the record be
retained for an additional specified period of time and receives the approval
of the records advisory committee.
C. Prior to the destruction of any record under
an approved records retention schedule, authorization for the destruction must
be obtained by the records manager from the records advisory committee. (Ord.
3178, 2001)
2.92.140 Destruction of
unscheduled records. A
record that has not yet been listed on an approved records retention schedule
may be destroyed if its destruction has been approved by the records advisory
committee and the state local government records destruction subcommittee.
(Ord. 3178, 2001)
2.92.150
Preservation of permanent records.
The records
manager shall develop procedures to insure the permanent preservation of
historically valuable records of the City. This shall include providing proper
housing (i.e. placing in an approved archives) for such records in a municipal
facility and in such manner that the records, unless their use is restricted by
law or regulation, are open to the public for research purposes. If City-owned
facilities are not available, the records manager shall arrange for the
transfer of the records to an appropriate facility for perpetual care and
preservation or shall make other arrangements for their permanent preservation
not contrary to law or regulation. In no circumstances shall the ownership
of permanent records of the City be
transferred to private individuals or institutions. (Ord. 3178, 2001)
2.92.160 Custody of records; removal.
A. Active records. The originating department has
full custody over records still in active use.
B. Inactive records. The originating
department is the legal custodian of its records in storage and shall retain
the authority to retrieve and use records deposited in inactive storage
C. Archival records. Records transferred to
or acquired for the archives, shall be under the full custody of the records
manager, rather than the department which created or held them immediately
prior to being transferred to the archives
1. Records
shall be transferred to the archives upon the recommendation of the records
manager, with the approval of the department head of the department, which had
custody of the records and the approval of the records advisory committee.
2. Records
may be removed (temporarily or permanently) from the archives, at the request
of the records manager or the department head of the department which had
custody of the records immediately prior to the transfer of those records to
the archives, subject to the approval of the records advisory committee. (Ord.
3178, 2001)
2.92.170 Recovery of City records.
The City
attorney may take steps to recover local government records which have been
removed or wrongfully retained from proper custody and may, when necessary,
institute actions of records recovery or replevin on behalf of the City. (Ord.
3178, 2001)
PUBLIC ART
2.94.030 Percent
for Art Program Established
2.94.040 Exemptions
from the Percent for Art Program
2.94.060 Public
Art Committee established
2.94.070 Duties
and responsibilities of the Public Art Committee
2.94.080 Procedure
to commission public art for eligible projects
2.94.090 Eligible expenses for the Percent for Art
Program
2.94.100 Selection of artworks
2.94.110 Criteria to be used in selection public art
2.94.120 Selection processes for public art
2.94.130 Public art management/maintenance
2.94.010 Purpose.
The purpose of this ordinance is to establish
a public art program for City of Missoula funded capital improvement projects
and to provide for the funding, selection, creation and maintenance of public
art and establishing responsibilities relating to administering the City’s
public art program.
The City of
Missoula recognizes and accepts responsibility for beautification of its public
areas. The City Council has found that
such enhancement adds greatly to the enhancement of the quality of life of
Missoula’s citizens, attracts tourism, and provides incentives to business to
locate in the City, thereby expanding Missoula’s economic base. (Ord. 3221 § 1, 2002)
2.94.020 Policy. It is hereby declared to be the policy of the
City of Missoula to include works of art within City of Missoula public works
projects equal to one percent (1%) of construction project funds for public
art. (Ord. 3221 § 2, 2002)
2.94.030 Percent for Art Program
established. There
is hereby established a Percent for Art Program. The Mayor is responsible
for directing the program and the Mayor and City Council shall appoint a Public
Art Committee of the City Council, to coordinate and administer the program.
The Percent for Art Program focuses on the outside and the inside of new
and remodeled City owned public spaces. The art may serve a function,
express a theme, or commemorate an important person. It may underscore or
provide a counterpoint to the architecture and surrounding site. It may
serve as a landmark that adds definition to the City of Missoula.
The Percent for Art Program requires one and one half percent (1.5%) of
eligible construction costs of City capital improvement projects, paid wholly
or in part by the City of Missoula to construct or remodel any public or city
building, structure, park or any portion thereof, to be allocated for public
art. No less than eighty percent (80%) of one percent (1%) of this
allocation will be used for on-site artwork; up to twenty percent (20%) of this
one percent (1%) may be used for program administration necessary to carry out
the provisions of this chapter. A half percent (.5%) of this allocation will
be deposited in a public art trust fund used to provide maintenance for
existing artworks. If the public art
trust fund exceeds $200,000, the Public Art Committee has the discretion to put
the half percent (.5%) toward artwork. When the eligible construction
costs of a City capital improvement project are less than $100,000, the Public
Art Committee has discretion to determine that a particular piece of on-site
art is not required and may designate one hundred percent (100%) of the one and
one half percent (1.5%) allocation for art to be deposited in a public art trust
fund for maintenance of artworks and/or to fund additional art projects.
The Percent for
Art Program shall be implemented without discrimination based on actual or
perceived race, religion, sex, marital
or familial status, color, national origin, ancestry, creed, physical or mental
disability, age, sexual orientation, or gender identity or expression (as
defined in MMC 9.64.020). (Ord. 3558,
2015; Ord. 3428 §10, 2010; Ord. 3221 § 3, 2002)
2.94.040 Exemptions from the Percent for Art Program. The
following categories of projects are exempt from the Percent for Art
requirements:
A. Water, stormwater or wastewater facilities, except for office
buildings.
B. Street construction and repair, inclusive of
the public right of way improvements, such as curb, sidewalk and traffic
control facilities and landscaping.
C.
Maintenance
projects.
These
exemptions do not preclude the Department from proposing and including funding
for art in a project. Departments are
encouraged to include art to some degree in these exempted categories. (Ord. 3221 § 4, 2002)
A. “Architect”
is the person or firm designing the project to which the one percent (1%)
funding applies. Where the architect is
a firm, the term architect shall mean the principal of that firm in charge of
designing the project for which the one percent (1%) funding applies.
B. “Artist” is a practitioner in the
visual arts, generally recognized by critics and peers as a professional of
serious intent and recognized ability who produces artworks and is not a member
of the project architectural/design firm.
C. “Artwork” includes but is not limited
to, paintings, murals, inscriptions, stained glass, fiber work, statues,
reliefs or other sculpture, monuments, fountains, arches, or other structures
intended for ornament or commemoration.
Also included are carvings, frescoes, mosaics, mobiles, photographs,
drawings, collages, prints, crafts, both decorative and utilitarian in clay,
fiber, wood, metal, glass, plastics and other materials. Landscape items include the artistic placement
of natural materials or other functional art objects. Works of art may be
portable as well as permanent.
D. “Capital Improvement Program” (CIP)
means the annual Capital Improvement Program adopted for City financed public
improvement projects.
E. “City” is the City of Missoula.
F. “Construction Cost” is the contracted
sum for construction of the designated project including any change orders
included in the initial contract notice of award. Construction costs do not include costs such
as professional fees, cost of land, rights of way and financing.
G. “Construction Project” means any
capital improvement project paid wholly or in part by the City of Missoula to
construct or remodel any public or city building, structure, park or any portion
thereof.
H. “Consultant” is any firm, individual,
joint venture or team of firms or individuals with which the City contracts for
design or other consulting services related to construction projects.
I. “Public Art Trust Fund” is a funding
mechanism which aggregates portions of the individual private, site-specific percent
for art requirement and redistributes these funds to maintain public art
projects throughout the City. A half
percent (.5%) of each project allocation for public art will be deposited in a public
art trust fund to be used by the City to provide maintenance for existing works.
J. “Visual Arts Professional” shall mean
any of the following who is respected in his/her field and knowledgeable about
(contemporary) visual arts: artist, curator, art critic, art historian,
architect, landscape architect, or fine arts professional.
K. ”Deaccessioning” is a procedure for the
withdrawal of an artwork from the public collection.
L. “Eligible Construction Cost” is that
portion of the construction cost of any construction project paid for by the
City of Missoula to construct or remodel any building, decorative or
commemorative structure, parking facility, recreational facility, or any
portion thereof, located on City property, provided that the source of funds
for such project(s) is not restricted by law or regulation as to its use for
artworks.
M. “Missoula Public Art Committee” is a
committee created in 1985 by Mayor John Toole and reaffirmed by this ordinance
as a standing city committee designated to review, advocate and develop public
art projects in the public domain for the City of Missoula. It will develop a formal structure in which
to create, develop and maintain public art as well as further public accessibility
to the arts.
N. “Maintenance” is the periodic work on a
facility required to maintain its original functionality.
O. “Remodel” is work required to
substantially change or enhance the functionality of a facility.
P. “Staff Representative” is the
designated professional responsible to advise and assist the City of Missoula
and the Missoula Public Art Committee. (Ord. 3558, 2015; Ord. 3221 § 5, 2002)
2.94.060
Public Art Committee established. The
Missoula Public Art Committee shall be made up of nine (9) members. Six (6) members will be nominated by the
Mayor and confirmed by the City Council, and two (2) of the members will be
appointed by the City Council. Terms shall be for four years, except that the
Mayor and/or Council may designate shorter terms initially in order to insure
that the terms are staggered. The City
Council President shall appoint a City Council member to the board after each
municipal election and as the need arises.
Other members shall be selected because of their expertise in historical
preservation, visual arts, architecture, or affiliation with a local business
association or public entity. (Ord.
3558, 2015; Ord. 3387 §1, 2008; Ord. 3221 § 6, 2002)
2.94.070 Duties and responsibilities of the Public
Art Committee. The Public Art
Committee shall endeavor to develop a collection of public art that is of the
highest quality, that will encompass a broad aesthetic range reflecting the
City and the minds of its citizens, that will improve the quality of life in
the area, that will be accessible to all individuals and be a source of pride
to all residents. The Public Art
Committee shall seek to develop this Percent for Art Program and the associated
collection in such a way so that it is intimately integrated into the fabric of
the City of Missoula and reflects a broad range of community input and
involvement by artists and art professionals.
The Public Art Committee is responsible for reviewing, advocating and
developing public art projects in the public domain for the City of
Missoula. It will develop a formal
structure in which to create, develop and maintain public art as well as
further public accessibility to the arts.
A. Specifically, the Percent for Art Program
objectives include:
B. Develop a public art program that is unique to
Missoula.
C. Increase the understanding and enjoyment of
public art by Missoula residents.
D. Invite public participation in the interaction
with public spaces.
E. Provide unusual and challenging employment opportunities for
artists.
F. Encourage collaborations between artists and architects, and
artists and engineers.
G. Support artist participation on design teams for planning public
projects.
H. Encourage variety of art forms: temporary and permanent, object and
event, single or dispersed locations.
I. Spread commissions among a wide number of Artists and strive for
overall diversity in style, scale and intent.
All Public Art Committee meetings shall
be conducted in accordance with the Montana Open Meetings Law. (Ord. 3221 § 7,
2002)
2.94.080
Procedure to commission public art for eligible projects.
A. Upon adoption of the Capital Improvement Plan the Finance Office
shall immediately alert the Missoula Public Art Committee of all plans for
construction or renovation projects. The
Finance Office will also identify all projects for which the Percent for Art
Ordinance applies. This should be done
in a timely fashion so the Percent for Art Committee can assist the City in
developing any particular project requirements and/or bond language.
B. Architects/Engineers invited to submit a proposal for construction
or renovation project which includes the Percent for Art should be advised of
requirements and guidelines. The Architect shall work closely with the Missoula
Public Art Committee and the Selection Committee on the designation of
appropriate sites and shall incorporate the Artist's or Artwork's special
requirements within the construction documents, including the time of delivery
and installation of the Artwork.
C. Upon the designation of an Artist or an Artwork by the Selection
Committee, the Artist shall enter into a contract with the City for the
Artist's services or for the purchase and installation of the Artwork. This
contract shall require the Artist to produce or deliver the Artwork for a price
guaranteed to be no greater than the maximum contracted cost.
D. Where the Selection
Committee determines that an expenditure from a specific Project is
inappropriate, funds from that Project may be transferred to other Percent for
Art projects, with the approval of the Contracting Agency. (Ord. 3221 § 8,
2002)
2.94.090
Eligible expenses for the Percent for Art Program.
Appropriations
for Percent for Art Program projects may be spent for:
A. The Artwork itself, including but not
limited to:
1. Artist's
design fees.
2. Additional
labor and materials required for production and installation of Artwork.
3. Artist's
operating costs.
4. Travel
related to the Project.
5. Transportation
of the Artwork to the site and installation.
6. Any
required permit or certificate fees.
B. Identification
plaques and labels.
C. Frames,
mats, mountings, anchorages, containments, pedestals, or materials necessary
for the installation, location or security of the artwork.
D. Photographs
of completed artworks.
E. Communication
and other indirect costs including insurance.
F. Expenses
for special advisors or consultants.
G. Historical
artifacts displaced by construction.
H. Expenses
related to the administration of carrying out the directives of this Ordinance,
including but not limited to:
1. Technology
services and subscriptions (e.g., a web-service for promoting an art-call).
2. Advertising,
publicity, promotion, and invitation expenses.
3. Expenses
related to public events related to artwork (e.g., rental of PA equipment and
catering expenses).
4. Due
diligence expenses required for the responsible consideration of artwork (e.g.,
engineering or environmental consultation).
5. Expenses
related to augmenting artwork (e.g., addition of lighting, landscaping or
general enhancements to artwork).
Appropriations
for Percent for Art Program projects may not be spent for:
A. Reproduction, by mechanical or other
means, or original artworks, except in cases of film, video, photography,
printmaking or other media arts.
B. Decorative,
ornamental, or functional elements which are designed by the architect or
consultants engaged by the architect, as opposed to an artist commissioned for
this purpose.
C. Those
elements generally considered to be components of a landscape architectural
design or landscape gardening.
D.
"Art objects" which are mass
produced of standard design, such as playground sculptures.
E. Directional or
other functional elements, such as supergraphics,
signs, color coding, maps, etc. except where a recognized artist is employed.
F.
Those items which are required to
fulfill the basic purpose of a resident agency. Examples are artworks in the
collection of the Missoula Museum of the Arts, and artworks fulfilling an
interpretive or educational role in a city park, library or university gallery. (Ord. 3558, 2015; Ord. 3221 § 9, 2002)
2.94.100 Selection of artwork(s). All
Percent for Art Program projects, whether they are permanent or temporary
Artworks, will be developed to respond to a specific site or building location,
with the exception of Artworks that are conceptually intended to circulate
among various sites or facilities within the Project Area.
The Public Art Committee in conjunction
with the Agency Representative and the Project Architect shall analyze and
discuss appropriate locations, amount to be spent for purchased or commissioned
Artworks, suitable art forms, Artists' prerequisites, specifics of
Artist/Artwork selection process which includes open competition,
limited/invitational competition and direct purchase.
A prospectus will be prepared and
advertised by the Public Art Committee. The competitions may be in stages, with
the final selection chosen from a group of finalists.
In making the final selection, the
Selection Committee shall be guided by the goals and purposes of this ordinance
and the criteria set forth in this document and any regulations promulgated to fulfill the criteria. The
Committee shall select Artworks which will be technically feasible to produce
and display; the selection of Artist(s) who will provide art integral to the
project will be made as early in the conceptual design stage as practical, so
Artist(s) will be able to work with the Architect from the beginning of the
project.
If necessary, the Public Art Committee
may advertise nationally or internationally for proposals.
The Selection Committee has the option
of making no selection. If no proposal
is accepted, the Committee has the right to reopen the competition or to
propose other methods of selection.
All Selection Committee meetings shall
be conducted in accordance with the Montana Open Meetings Law.
Each proposed Percent for Art project
will also be evaluated as to: its artistic excellence, appropriateness in terms
of scale, material and content relative to the immediate and general
architectural, social and historic context; and long term durability against
vandalism, weather, theft and excessive maintenance.
Acting on behalf of the City of Missoula
and the advice of the Selection Committee, the Missoula Public Art Committee
will make the final determination of selected work(s). (Ord. 3221 § 10, 2002)
2.94.110 Criteria to be used in selecting public art.
A. Artists will be selected on the basis of their qualifications as
demonstrated by past work, appropriateness of the proposal to the particular
project, and its probability of successful completion as determined by the
Selection Committee.
B. In selecting Artists and
Artworks, the Selection Committee shall select those Artists and Artworks of
the highest aesthetic quality, and those which fulfill the purposes of the
Percent for Art Program.
C. In all cases, consideration will be given to materials,
construction, durability, maintenance, public access and safety. (Ord. 3221 §
11, 2002)
2.94.120 Selection Processes for public art. Selections
of Artworks will be made by one of the following methods:
A. Open Competition: Site and program advertised; proposals accepted
from all artists; no proposal fee is paid to artist unless stipulated.
B. Limited/Invitational Competition: One or more
artists is invited to submit proposals; no proposal fee is paid to artists
unless stipulated.
C. Direct Purchase: A completed Artwork is purchased (Ord. 3221 § 12,
2002)
2.94.130
Public Art Management/Maintenance.
A. All artworks remain under ownership by the City of Missoula.
B. Recipients of works of art must notify
the Missoula Public Art Committee if an artwork is damaged or stolen.
C. The resident agency will be responsible
for the ongoing care and maintenance of all artworks purchased or commissioned
for the project in accordance with the guidelines established for the Missoula
Public Art Committee’s collection of art.
D. Monies to maintain works of art shall
come from the public art trust fund, established at half a percent (.5%) of the
initial one and one half percent (1.5%) allocation. (Ord. 3558, 2015; Ord. 3221
§ 13, 2002)
2.94.140 Deaccessioning Deaccessioning will be considered only after a careful
and impartial evaluation of the artwork within the context of the collection as
a whole. At the beginning of the
process, the Missoula Public Art Committee will make a reasonable effort to
notify any living artist whose work is being considered for deaccessioning.
The Missoula Public Art Committee may
consider the deaccession of artwork for one or more of the following reasons in
the event that it cannot be resited:
A. The artwork has been damaged or has deteriorated and repair is
impractical or unfeasible.
B. The artwork endangers public safety.
C. In the case of site-specific artwork, the artwork is destroyed by
severely altering its relationship to the site.
D. The artwork requires excessive maintenance or has faults of design
or workmanship. (Ord. 3221 § 14, 2002)
Bicycle and Pedestrian Advisory Board
Sections:
2.96.010
Bicycle and Pedestrian Advisory Board established
2.96.020 Duties
2.96.030 Scope
2.96.040 City responsibilities
2.96.050 Membership
2.96.060 Meetings
2.96.010 Bicycle and Pedestrian Advisory Board
established. The Bicycle and Pedestrian
Advisory Board (BPAB) is established to represent a community perspective in
advising the City of Missoula government with respect to the impact that city
actions may have upon bicycling and walking in Missoula, as defined below.
2.96.020 Duties. The BPAB has the duty to set its
own annual priorities and define a plan of work to implement them, to include:
A. Responding to requests from the City
government for advice regarding potential City activities;
B. Considering bicycling and walking
issues raised by members of the board or the public, and when appropriate,
providing advice to the City regarding them;
C. Participating in processes
for development of projects or plans which have an impact on bicycling and
walking in Missoula;
D. Implement incidental activities which support bicycling and
walking in Missoula; and (Ord. 3537, 2015)
2.96.030 Scope. In fulfilling its duties, the
BPAB may provide and input and advice regarding:
D. Activities to increase bicycling and walking in Missoula; and
2.96.040 City responsibilities. City staff will support the work of the BPAB by:
D. Providing appropriate materials necessary for the BPAB’s review,
in a timely manner at the BPAB’s request; and
A. The BPAB shall be comprised
of nine city resident members interested in bicycling and walking issues in
Missoula, appointed by the mayor to represent a community viewpoint, subject to
confirmation by the City Council. Diversity of BPAB membership is encouraged.
B. Three members shall be
appointed each year for a three-year term beginning October 1.
C. A mid-term vacancy shall be
filled for the remainder of the term. (Ord. 3537, 2015)
A. All meetings shall be open
to the public in accordance with the Montana State Open Meeting Law. Notice of
the meetings shall be circulated to reach all interested and affected members
of the community.
B. All written or recorded
meeting minutes and other records of the BPAB’s activities shall be available
to the public.
C. The BPAB shall establish
bylaws. (Ord. 3537, 2015)