HomeMy WebLinkAbout89- City-County Planning Board increasing membership
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INTERLOCAL AGREEMENT INCREASING THE MEMBERSHIP OF THE BOZEMAN CITY-
COUNTY PLANNING BOARD
This Interlocal Agreement, hereinafter referred to as
"Agreement," is entered into by and between the County of Gallatin,
hereinafter referred to as "County" and the City of Bozeman,
hereinafter referred to as " C it Y ,. , each being a political
subdivision of the State of Montana.
RECITALS
WHEREAS, in 1957 the County and the City created the Bozeman
City-County Planning Board pursuant to Section 11-3801 et seq. ,
Revised Codes of Montana, 1947, (now Section 76-1-101 et seq.
Montana Code Annotated); and
WHEREAS, Section 76-1-201, MCA, provides that a City-County
Planning Board must consist of not less than nine ( 9 ) members;
AND WHEREAS, the County and the City agree that one ( 1 )
additional member to the City-County Planning Board may be
appointed by the City.
NOW, THEREFORE, pursuant to Title 7 , Chapter 11, Part 1, of
the Montana Code Annotated, known as the "Interlocal Cooperation
Act" , and in consideration of the foregoing recitals, it is agreed
as follows, pursuant to Section 7-11-105, MCA:
1. DURATION. This agreement shall be perpetual, unless terminated
under paragraph 5 below.
2 . ORGANIZATION OF THE TEN MEMBER BOZEMAN CITY-COUNTY PLANNING
BOARD.
The Bozeman City-County Planning Board presently has nine ( 9 )
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members selected, pursuant to Section 76-1-201, MCA. Because the
City is requiring the City-County Planning Board to function as the
Bozeman Zoning Commission, as authorized under Section 76-1-108,
MCA, the Bozeman City-County Planning Board shall be increased by
one (1) member, to be appointed by the City from within the Bozeman
City limits.
3. PURPOSE. The County and the City adopt this Agreement for
land-use planning recommendations In their respective
jurisdictions.
4 . FINANCING AND BUDGET. The City-County Planning Board shall
submit its budget to the County and City for approval by both
governmental units pursuant to Section 76-1-401, MCA, et~
After approving the budget, the County and City shall
establish the appropriate mill levies as provided by law.
5 . TERMINATION AND DISPOSAL OF PROPERTY; Either party may
terminate this Agreement upon at least 60 days notice to the other
party. This Agreement will also terminate if the City ceases to
require the City-County Planning Board to function as the Bozeman
Zoning Commission. Upon termination of this Agreement the
membership of the Bozeman City-County Planning Board shall return
to nine ( 9 ) members, as provided by Section 76-1-201, MCA.
Upon termination of the Ten Member Board any property shall
go to the Nine Member Board, which will succeed the Ten Member
Board.
6. ADMINISTRATION. The ten member Bozeman City-County Planning
Board, the Board of Gallatin County Commissioners, and the Bozeman
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City Commission, shall administer the Agreement.
7 . PROPERTY ACOUIRED. Any property acquired shall be controlled
by the ten member Bozeman City-County Planning Board, with the
approval of the City and County.
8. EFFECTIVE DATE. The ten member Bozeman City-County Planning
Board shall assume its duties upon approval by the Attorney General
of the State of Montana, as provided in Section 7-11-106, MCA.
Dated the ~~ day of September, 1989 by the Board of
Gallatin County Commissioners and the fIR day of September, 1989
by the Bozeman City Commission.
BOARD OF GALLATIN COUNTY BOZEMAN CITY COMMISSION
COMMISSIONERS
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~HAIRMAN - RAMON S. WHITE ST
~~ MARY VANT HULL
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A. D. PRUITT WALTER MARTEL
ATTEST: ,/ldJJ
ROBF.RT L. I-IAVl1KS
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SHELLEY M. CHENEY
GALLATIN COUNTY CLERK AND
RECORDER
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APPROVED: ATTEST:
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ROBIN SULLIVAN - CLERK OF
Y ATTORNEY THE CITY COMMISSION
APPROVED: APPROVED:
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HON. MARC RACICOT BRUCE E. BECKER .
ATTORNEY GENERAL BOZEMAN CITY ATTORNEY
STATE OF MONTANA
c-1l:A ,DEPAR:r~~ENT OF ~:TICE
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APPROVED AS TO FORM
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By U~N\ J O-eJ;s:()YV -'~-
Assist,lnt
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ATTORNEY GENERAL
ST ATE OF MONTANA
Marc Racicot Justice Building
Attorney General Helena, Montana 59620
October 17, 1989
Bruce E. Becker
City Attorney
The City of Bozeman
411 E. Main Street
P.O. Box 640
Bozeman MT 59715-0640
Re: Interlocal Agreement between the city of Bozeman and
Gallatin County to increase the City-County Planning Board
membership
Dear Mr. Becker:
Enclosed is the above-referenced interlocal agreement which has
been approved as to form pursuant to section 7-11-106, MCA.
This office is responsible for examining the form of the
agreement, the requirements of which are set forth in section
7-11-105, MCA. Although approval has been given the form of this
agreement, our review does not include an extensive examination
of all Montana laws and thus is not a determination of the
constitutionality or legal validity of the substance of the
agreement.
Note that section 7-11-107, MeA, requires that copies be filed
within ten days with the Secretary of State and the county clerk
and recorder's office.
Sincerely,
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MARC RACICOT
Attorney General
Enclosure
TELEPHONE: (406) 444-2026