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HomeMy WebLinkAbout73- Provide for a Joint Community Recreation Dept. . , . 2/29/73 fll~ 26 rACE 1076 INTERLOCAL AGREEMENT TO PROVIDE FOR A JOI~T COMMU~ITY RECREATION DEPARTMENT This agreement, made and entered into this 21i".J day of Al 1\ ~r- \1 , 1973, by and among the City of Bozeman, , '.. Montana, a municipal corporation, hereinafter referred to as the "City", the Bozeman Hig'!i School District and School District No. 7 of Hont-ana, hereinafter referred to as the "District", and Gallatin County of Montana, hereinafter referred to as the "County". l\' I T N E SSE T H . . Whereas, the governing bodies of the City, District, and County are mutually interested in an adequate program of commun- ity recreation under a mutually formed and controlled Community Recreation Department. Whereas in the interest of providing tne best service and facilities with the least possible expenditure of public funds fU.ll cooperation among the City, District and County is necessary; Whereas the City, District and County are separate govern- ment Corporations and none has administrative control over the other, therefore cooperation among these groups can best be secured through a board on which each are represented as well as the public at large; Whereas said governing bodies have expressed an interest in entering into an interlocal cooperative agreement to provide a Community Recreation Department and are authorized to do so as provided by Montana Codes 16-4901, 16-4904; and 62-211, 62-213. Whereas it has been determined that City Ordiance ~o. 745 and City .Joint Resolution No. 620 are outmoded and should be repealed and this interlocal cooperative agreement substituted. Now, therefore, it is resolved and agreed by the City, District and County acting by and through their respective governing bodies in regular session assembled, AS FOLLOWS: 1. That there is hereby created by the City, District ..-,. flL.~ 26 ,AGE 1077 and County an organization to be known as the Community Recrea- tion Department, the Administrative Trustees shall have charge of and be charged with responsibility of operating a program of public recreation and playgrounds, and acquire, equip and maintain land, buildings and/or other recreation facilities in accordance with the authority granted from each respective governing body and the laws of the State of Montana, and as is hereinafter provided. 2. That the functions of the Community Recreation Depart- ment shall be carried out by a Board of Community Recreation and such employees and/or assistants as may be deemed necessary for the proper performance of work of said Board. The Board shall make recommendations to the governing bodies as to policies, budgets, personnel and the duties of such personnel and/or assistants. 3. That members of said Board shall be representatives of the participating governing bodies in that each governing body (such as the city, county or district) shall appoint three members to such board; that one of such board members selected by such governing body may be an employee of or hold office in such governing body , and the other two members selected by such governing body shall not be employed by or hold office in such governing body, but shall be citizen appointees. There shall be three ex-officio non-voting members, namely the City Manager, the School Superintendent and the Chairman of tne Board of County Commissioners, or their appointees or designated representatives. Membership of the Board may be increased to provide representation of any additional cities, town::>, school districts, or counties seeking to participate, subject to the approval and rule of the governing bodies. 4. That a clerk, designated by the Administrative Trustees, shall be custodian of the records and he shall perform such other duties as are prescribed by law or necessarily implied by the activities and duties of the Board -2- .. f IL.IA 26 'f,CE 1078 5. That the member's of the Board shall be resident free holder's of the ;urisdictional area from which they are appointed. .) The Clerk of said Board shall certify members appointed by the governing bodies 6. The terms of members who are employees or officers of any of -the participating governing bodies and serve as their re- presentative on the Board are co-extensive with the terms of of- fice to which they have been appointed or elected; the terms of other members are tnree years, or until his or her successor is appointed unless the governing bOdies at the annual meeting appoints another to serve as its representative To provide for staggered terms, the official members from each City, District, and County .snaIl, initially be appointed as follows: 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. 7. That vacancies shall be filled for any expired or unexpired term by the governing body that made the original appointments, Any citizen appointee may be removed from membership by the governing body represented by the appointee. S. That member'S shall receive no salary for services on the Board, but actual and necessary expenties incurred while acting under orders of the Board may be paid. 9. That the administration of the affairs of this Board, subject to the unanimous approval of the governing bodies shall be vested in and exercised by a body of three (3) persons to be known as the Administrative Trustees, and shall be the City Manager, the School Superintendent and the Chairman of the Board of County Commissioners or their appointees or designated repre- sentatives. 10. That the appointed members of the Board shall serve as an advisory bod.y to the Administrative Trustees and shall operate under the policies established by the Administrative Trustees and unanimously approved by the governing bodies. -,,- [" . ., . r Il~ 26 ~AGE 1079 1l. That officers of the Board shall be a Chairman and a Vice- Chairman elected at the annual meeting and who .::;h.:.11 be citizen.=; not employed by any of the governing bodies. 12. The Board, subject to the unanimous approval of the governing bodies, shall employ a Recreation Director. His duties shall be of a managerial capacity and he shall attend eacl:"i regular meeting of the said Board and report, either in writing or orally as the Board may require, as to the activities, functions, and progress of whatever nature pertaining to the recreation activities and facilities over which he has supervision. 13. That the Board shall fix the time for holding regular meetings, but it shall hold at least quarterly meetings with the annual meeting being neld at the first regular meeting in each year. Special meetings may be called by the Chairman of the Board or by a majority of the Administrative Trustees. 14. That the Board shall annually prepare and submit to the governing bodies, not later than ~IA.,JE. \~ of each year, a proposed budget covering the public recreational o.ctivi- ties within its jurisdiction for the ensuing year. Honies ap- proved by the governing bodies shall be kept ~n their respective treasuries and paid out in accordance with their respective policies. 15. That the Board subject to unanimous approval of i.;.he governing bodies: ( a) Shall have power and authority to equip, operate, super- vise, and maintain playgrounds, athletic fields, swimming centers, indoor facilities on or in any public grounds of buildings which the governing bodies may from time to time provide, ac- quire, authorize, offer, designate, or set apart for such use. (b) Shall have the power to take charge of and use any grounds, places, buildings, or facilities, which may be offered either temporarily or permanently by individuals or corporations for playground or recreational purposes. ~4- 7 . .' , , . filM 26 "'AGE 1080 (c) May receive donations, legacies, or bequests for the improvement or maintenance of playgrounds, recreation centers or' other recreation facilities, and all monies that may De de- rived from such donations, legacies, or bequests, be deposited with the finance officer of the governing body designated by the Board to the credit of the Recreation Fund, and the same may be drawn ther'efr.om and paid out upon approval of the govern- ing body in the ::.ame manner as provided in payment of monies legally appropriate for acquirement, support and improvement ror playgrounds, recreation centers, and other recreational places; and monies so derived from said donations, legacies, or bequests, when not otherwise therein provided shall be used solely for such playground or recreation uses, and only under the direction of said Board. ( d) Shall have authority to organize and conduct plays, games, calisthenics, gymnast.ics, athletics sports, tournaments, meets, and leagues, dramatics, pageants, festivals, and celebr'a- tions, community music clubs, debating societies, public speak- ing,story telling, picnics, hikes, excursions, socials and other forms of activities that will employ the leisure time of child- ren or' adults in a constructive and wholesome manner (e) Shall have the furth er ,pow.er and authority to adopt rules and regulations for the management. of playgrounds, recrea- tion centers and other r ec r ea. trl:rin. places and activities and to establish a reasonable and uniform charge for the privilege of using same, in accordance with policies of the governing bodies and/or the laws of the State of Montana. 16. That it be agreed that all feasible efforts will be made in future facility construction by the parties involved to cooperatively serve the needs of the citizens in both Education and Recreation in the community with a minimum amount of dupli- cation of said facility construction. 17. That it is further agreed that in eve.1t of any dispute or' difference arising as a result of the recreation program, then ~ 5- . ., . ., . fiLM 26 'AGE 1081 in that event, said dispute or difference shall be negotiated by meetings and discussion of the governing bodies of the City, District, and County and every effort shall be made to settle any difference before the abiding rights of any of the parties involved to terminate this agreement. 18. Should one of the governing bodies wish to withdraw as a participant in this agreement, such withdrawal shall be made at the end of the fiscal year of the organization, and such withdrawing body shall be paid such funds from the account of the Community Recreation Department as appear to have been con- tributed by such withdrawing governmental body and not yet spent by said Community Recreation Department. 19. The Board shall have perpetual existence. ********** Passed and adopted by majority vote of the City Commission of the City of Bozeman in regular session on the "'^ /c?r' day of I ' /llnH l ,197$ (j;~~ Mayor ATTEST: (_.~/ h rL:'-::;1.- <: ' /' .~,,~ "'r.J/ Clerk of Cityotommission P~~sed and adopted by majority vote of the Trustees of the . " 'Bozeman High School District and School D~~trict No. 7 of Montana , 7T-A" f ,I I in regular session on the .;J day 0 /J LCL./L.C-.-A-. , 19ii. - (-\~- (1 . k :. 1j>ttr.'v i4-. ,-~jv..,\ Ai ' -- Chairman of the Board AT,,!,EST: -(: ," V~-.:;;t~/L--; /;I,cA!'~~ Clerk of the Board Passed and adopted by the majority vote of the Gallatin Board of County Commissioners in regular session on the L 0 ,.~ day of JA.~Lc-~ , 1973. ATTEST: a.J <" ~ Clerk of the Bo, d -6-