ADOPTING ORDINANCE
ORDINANCE 490
AN ORDINANCE ENACTING A CODE OF ORDINANCES FOR THE CITY OF BIG TIMBER, MONTANA, REVISING, AMENDING, RESTATING, CODIFYING AND COMPILING CERTAIN EXISTING GENERAL ORDINANCES DEALING WITH SUBJECTS EMBRACED IN SUCH CODE OF ORDINANCES.
WHEREAS, the present general and permanent ordinances of the City of Big Timber are inadequately arranged and classified and are insufficient in form and substance for the complete preservation of the public peace, health, safety and general welfare of the City and for the proper conduct of its affairs; and
WHEREAS, the Montana Legislature empowers and authorizes the City to revise, amend, restate, codify and compile any existing ordinances and all new ordinances not heretofore adopted or published and to incorporate such ordinances into one ordinance in book form; and
WHEREAS the Big Timber City Council has authorized a general compilation, revision and codification of the ordinances of the City of a general and permanent nature and publication of such ordinances in book form; and
WHEREAS it is necessary to provide for the usual daily operation of the City and for the preservation of the public peace, health safety, and general welfare of the municipality that the ordinance take effect at an early date.
NOW, THEREFORE, BE IT ORDAINED BY THE BIG TIMBER CITY COUNCIL:
   1.   The general ordinances of the City as revised, amended, restated, codified, and compiled in book form are hereby adopted as and shall constitute the "Code of Ordinances of the City of Big Timber, Montana."
   2.   Such Code of Ordinances as adopted in 1, above, shall consist of the following Titles: I-XV.
   3.   All prior ordinances pertaining to the subjects treated in such Code of Ordinances shall be deemed repealed from and after the effective date of this ordinance except as they are included and reordained in whole or in part in such Code; provided, such repeal shall not affect any offense committed or penalty incurred or any right established prior to the effective date of this ordinance, nor shall such repeal affect the provisions of ordinances levying taxes, appropriating money, annexing or detaching land, establishing franchises, or granting special rights to certain persons, authorizing public improvements, authorizing the issuance of bonds or borrowing of money, authorizing the purchase or sale of real or personal property, granting or accepting easements, plat or dedication of land to public use, vacating or setting the boundaries of streets or other public places; nor shall such repeal affect any other ordinance of a temporary or special nature or pertaining to subjects not contained in or covered by the Code.
   4.   Such Code shall be deemed published as of the day of its adoption and approval by the Big Timber City Council and the City Clerk is hereby authorized and ordered to file a copy of such Code of Ordinances in the office of the City Clerk.
   5.   Such Code shall be presumptive evidence in all courts and places of the ordinance and all provisions, sections, penalties, and regulations therein contained and the date of passage, and that the same is properly signed, attested, recorded and approved and that any public hearings and notices thereof as required by law have been given.
PASSED by the Big Timber City Council on first reading at a regular session held on March 7, 2022.
Aye 3 1 Absent                           /s/ Greg Deboer
                                       Greg Deboer, Mayor
Nay 0
ATTEST:
/s/ Nadine Stosich
Nadine Stosich, Clerk/Treasurer
   PASSED by the Big Timber City Council on second reading at a regular session held on March 21, 2022.
Aye 3 1 Absent                           /s/ Greg Deboer
                                       Greg Deboer, Mayor
Nay 0
ATTEST:
/s/ Nadine Stosich
Nadine Stosich, Clerk/Treasurer
Approved as to form and content:
/s/ Jim Lippert
Jim Lippert, City Attorney