|
Item 1.
|
| City Council Work Session | |
| Date: | 11/03/2025 |
| Title: | Codify HB231 (2025) Levy Adjustments (CM Rupsis Initiative) |
| Presented by: | Chris Kukulski, City Administrator |
| Department: | City Hall Administration |
| Presentation: | No |
| Legal Review: | Not Applicable |
| Project Number: | N/A |
RECOMMENDATION
There is no recommendation from staff as this is a discussion item.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
On September 22, 2025, Council member Rupsis introduced an initiative to codify the HB 231 levy adjustments. As part of the Council's discussion, there was an inquiry made to the City Attorney about whether this should be drafted as a resolution or ordinance. Legal's opinion is that a policy statement is more appropriate to be adopted through a resolution instead of an ordinance. However, this decision is solely the Council's, and it may be adopted as an ordinance. For reference, BMCC and Montana law define resolutions and ordinances as follows:
7-1-4121. General definitions. As used in 7-1-4121 through 7-1-4127, 7-1-4129 through 7-1-4143, and 7-1-4145 through 7-1-4149, unless otherwise provided, the following definitions apply:
. . .
(12) "Ordinance" means an act that is adopted and approved by a municipality and that has effect only within the jurisdiction of the local government.
After some additional discussion, Council directed staff "to bring forth an ordinance that describes the adjustments required under HB 231 and ensures the relative allocation of those adjustments across the various City funds remains consistent with voter intent in future budget years."
Attached is a draft of an ordinance for discussion. Also attached for Council's reference is a copy of HB 231, Resolution 25-11286 setting annual mill levies, and a copy of Council member Rupsis' initiative.
Sec. 2-231. Definitions.
Ordinance means an act adopted and approved by the city council, having effect only within the jurisdiction of the city or its extended jurisdictional area.
Resolution means a statement of policy by the city council or an order by the city council that a specific action be taken.
Ordinance means an act adopted and approved by the city council, having effect only within the jurisdiction of the city or its extended jurisdictional area.
Resolution means a statement of policy by the city council or an order by the city council that a specific action be taken.
7-1-4121. General definitions. As used in 7-1-4121 through 7-1-4127, 7-1-4129 through 7-1-4143, and 7-1-4145 through 7-1-4149, unless otherwise provided, the following definitions apply:
. . .
(12) "Ordinance" means an act that is adopted and approved by a municipality and that has effect only within the jurisdiction of the local government.
. . .
(22) "Resolution" means a statement of policy by the governing body or an order by the governing body that a specific action be taken.
. . .
(22) "Resolution" means a statement of policy by the governing body or an order by the governing body that a specific action be taken.
. . .
After some additional discussion, Council directed staff "to bring forth an ordinance that describes the adjustments required under HB 231 and ensures the relative allocation of those adjustments across the various City funds remains consistent with voter intent in future budget years."
Attached is a draft of an ordinance for discussion. Also attached for Council's reference is a copy of HB 231, Resolution 25-11286 setting annual mill levies, and a copy of Council member Rupsis' initiative.
ALTERNATIVES
This is a discussion item, so no alternatives are proposed. Council may provide direction to staff on how to proceed with this draft ordinance.