HomeMy WebLinkAbout73- Joint Recreation Dept. addendum letter
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May 15, 1973
ROBERT L. WOODAHL
AITORN~Y GENERA~
Mr. William E. Grabow
Mayor of Bozeman
Bozeman, Montana 59715
Dear Mayor Grabow:
We have received the addendum to the interlocal agreement
between the city of Bozeman and the county of Gallatin,
which was entered into on May 9, 1973. With this addendum
you are hereby notified of my approval of the inter local
agreement between the above parties for the purpose of
providing a joint community recreation department. The
addendum, along with a copy of this letter, should be filed
with the Gallatin County Clerk and Recorder and the
Secretary of State within 10 days.
ver~
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RO RT L. WOODAHL
torney General
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~1ma 59601
April 25, 1973
ROBERT L. WOODAHL
ATTOllNE:Y GE:NE:IlAL
Mr. Harold A. Fryslie
City Manager of Bozeman
411 East Main Street
Bozeman, Montana 59715
Dear Mr. Fryslie:
I have reviewed the interlocal agreement of Gallatin County,
school district #7 of Gallatin County and the city of Bozeman,
entered into for the purpose of providing a joint community
recreation department. I find that the agreement is in
essentially the proper form but is not compatible with the
laws of the state of Montana and therefore I cannot approve
the agreement as it is presently drafted.
I find that the agreement potentially conflicts with Montana
law in the following particulars:
I. Section 16-4904, R.C.M. 1947, provides
in part that interlocal agreements shall
specify the following:
" (7) provision for an administrator or a
joint board responsible for administering
the joint or cooperative undertaking in-
cluding representation of the contracting
parties on said joint board."
Paragraph 3 of the agreement does provide
for a joint board responsible for administer-
ing the agreement. However, paragraph 5
provides that members of the joint board
shall be resident freeholders of the juris-
dictional area from which they were appointed.
A possible conflict therefore arises in that
it may be possible for members of one of the
governing bodies not to be resident freeholders
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and therefore ineligible for appointment to
the board administering the project. For
example, there is no requirement that school
district trustees be resident freeholders in
order to hold that position. Thus, it is
possible that a school board could be so con-
stituted that no member of the school board
could qualify for membership on the board of
community recreation.
2. Paragraph 19 of the agreement provides
that the board of community recreation shall
have perpetual existence. While this may very
well happen, there is no assurance that at
some time in the future the board may be
dissolved and the assets acquired by the board
disposed of. Section 16-4904(8), R.C.M. 1947,
provides:
"The manner of acquiring, hOlding, and disposing
of real and personal property used in the joint
or cooperative undertaking [shall be specified
in the agreement]."
Therefore, the agreement should contain a
clause providing for the disposition of the
real and personal property used in the joint
undertaking should the board of community
recreation ever end its existence.
The matters outlined above may be cured by an addendum to the
present agreement. Upon submission of these changes to this
office the agreement will be approve .
ERT L. WOODAHL
torney General
RLW:ds