ORDINANCE NO. 23-18

An Ordinance of the City Council of the City of Whitefish, Montana, repealing § 1-6-2-E-3 of the Whitefish City Code.

WHEREAS, § 1-6-2-E-3 of the Whitefish City Code provides that no ordinance shall be passed or repealed unless by a vote of the majority of the members elected; and

WHEREAS, in recent years, § 1-6-2-E-3, WCC, has presented challenges for the City Council and staff when only a quorum of Council attends a meeting because all four Councilors must vote in favor of the proposed ordinance for it to pass; and

WHEREAS, at the regularly scheduled City Council meeting held June 19, 2023, Council directed staff to explore repealing § 1-6-2-E-3, WCC, given the challenges experienced; and

WHEREAS, at lawfully noticed City Council meeting held July 17, 2023, staff presented a memo and Council thereafter directed staff to draft a proposed ordinance repealing § 1-6-2-E-3, WCC; and

WHEREAS, at a lawfully noticed public hearing on September 5, 2023, the City Council received an oral report and a written report from staff, invited public input, and thereafter approved, by vote of a majority of the members elected, to repeal § 1-6-2-E-3, WCC; and

WHEREAS, it will be in the best interests of the City of Whitefish and its inhabitants to repeal § 1-6-2-E-3, WCC.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Whitefish, Montana, as follows:

Section 1:   All of the recitals set forth above are hereby adopted as Findings of Fact.

Section 2:   Section 1-6-2-E-3, WCC, is hereby repealed.

Section 3:   In the event any word, phrase, clause, sentence, paragraph, section or other part of the Ordinance set forth herein is held invalid by a court of competent jurisdiction, such judgment shall affect only that part held invalid, and the remaining provisions thereof shall continue in full force and effect.

Section 4:   This Ordinance shall take effect thirty (30) days after its adoption by the City Council of the City of Whitefish, Montana, and signing by the Mayor thereof.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF WHITEFISH, MONTANA, THIS 18TH DAY OF SEPTEMBER 2023.

   John M. Muhlfeld Mayor

ATTEST:

Michelle Howke, City Clerk