HomeMy WebLinkAbout21- Interlocal Agreement - Bozeman School District 7 & Gallatin County - Agreement to Terminiate Pedestrian-Traffic Safety Committee Interlocal Cooperative AgreementDocuSignEnvelopeID:DE5CB71F-2576-4313-A9DB-B36D38734B3F
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AGREEMENT TO TERMINATE PEDESTRIAN-TRAFFIC SAFETY COMMITTEE
INTER-LOCAL COOPERATIVE AGREEMENT
THIS TERMINATION AGREEMENT to rescind the Pedestrian-TrafficSafety
Committee Inter-LocalCooperative Agreement is made and entered intothis 26th day of
October ,2021,by and between theCITY OF BOZEMAN,MONTANA,a self-governing
municipal corporationorganized and existingunder itsCharter and the laws of the State of
Montana,121 North Rouse Street,Bozeman,Montana,with a mailingaddressof PO Box 1230,
Bozeman,MT 59771,hereinafterreferredto as "City,"the BOZEMAN HIGH SCHOOL
DISTRICT and SCHOOL DISTRICT NO.7 of GallatinCounty,Montana,with a mailing
address of P.O.Box 520,Bozeman,MT 59771,hereinafterreferredto as the "District,"and
GALLATIN COUNTY OF MONTANA,with a mailingaddressof311 West Main Street#306,
Bozeman MT 59715,hereinafterreferredto as the "County,"and hereinafterallcollectively
referredtoas the"Parties."
1.Purpose.The purpose ofthisTerminationAgreement isto rescindand terminatethe
Pedestrian-TrafficSafetyCommittee Inter-LocalAgreement ("Inter-LocalAgreement")
thatwas made and enteredintoon December 22,1976 between theCity,theDistrict,and
theCounty.See attachedExhibitA.
2.Mutual Rescission.The City,theDistrict,and theCounty mutuallyagreetorescindthe
Inter-LocalAgreement,and therebydischargingallremainingduties,obligations,and
functions,and terminatingthe Inter-LocalAgreement.
3.Mutual Consent.The City,theDistrict,and theCounty consenttothisTermination
Agreement freely,mutually,and communicated by each totheother,asrequiredby law.
4.EffectiveDate.This TerminationAgreement iseffectiveon November 30,2021 at
11:59pm.
5.Members'Terms Expiration Date.The terms ofeach Parties'appointeesterminateon
November 30,2021 at 11:59am.
6.Assumption of Duties,Obligations,and Functions.Upon theterminationdatesset
forthinParagraphs4 and 5 of thisTerminationAgreement,allduties,obligations,and
functionsestablishedinthe Inter-LocalAgreement willbe assumed by the Cityof
Bozeman's TransportationBoard.See Resolution5326 (Aug.10,2021).
7.Applicable Law.The partiesagreethatthisTerminationAgreement ismade pursuantto
Mont.Code Ann.§§7-11-101-108;28-2-1701-1716 (2019),and allotherrelevantlaws
of theStateofMontana.
PTSC TerminationAgreement-1-
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8.Binding Effect/Filing.This TerminationAgreement isbindingupon,and inuresto,the
benefitof theheirs,legalrepresentatives,successors,and assignsoftheparties.This
TerminationAgreement must be filedwith theGallatinCounty Clerkand Recorder and
theMontana Secretaryof State,as requiredby Mont.Code Ann.§7-11-107.
9.Consent to ElectronicSignatures.The Partieshave consentedtoexecutethis
Agreement electronicallyinconformance withthe Montana Uniform Electronic
TransactionsAct,Title30,Chapter 18,Part1,MCA.
DocuSignedby:
Docusignedby:
--1/13/2022
Mayor of Bozeman Date
DocuSIgnedby:
1/13/2022
Ch YiE8fÜoîfntyCommissioners Date
DocuSignedby:
)](g 10/27/2021
Ch È eman School District Date
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EXHIBIT A
PEDESTRIAN-TRAFFIC SAFETY COMMITTEE
AND INTER-LOCAL COOPERATIVE AGREEMENT
THIS AGREEMENT,made and entered into this 22nd day
of December ,1976,by and among the City of Bozeman,
Montana,a municipal corporation,hereinafter referred to as
the "city,"the Bozeman High School District and School
District No.7 of Gallatin County,Montana,hereinafter
referred to as the "district,"and Gallatin County of
Montana,hereinafter referred to as the "county."
RECITALS:
WHEREAS,the governing bodies of the city,district,
and county are mutually interested in solving problems of
pedestrian-traffic safety,and
WHEREAS,the complexities of the problems require
cooperation and coordination of local as well as state
governmental units,and
WHEREAS,there exists no established expertise within
the city,district,or county to coordinate solutions to
pedestrian-traffic safety,and
WHEREAS,said governmental bodies have expressed
a desire to establish an inter-local cooperative agreement
to establish,pursuant to Title 32,Chapter 46,R.C.M.,a
local committee for the purpose of developing expertise
and advising said governmental bodies in pedestrian-traffic
safety problems and to promote public safety and to reduce
traffic deaths,,injuries,and property losses resulting
from traffic accidents.
NOW,THEREFORE,it is resolved and agreed by the city,
district,and county acting through their respective
governing bodies in regular session assembled,as follows:
Pedestrian-Traffic Safety Committee:
1.That there is hereby created by the city,district,
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and county an organization to be known as the Pedestrian-
Traffic Safety Committee.
2.That the members of said committee shall be eight
(8)in number and shall be appointed as follows:
a.Two (2)members appointed by the .county.
b.Two (2)members appointed by the city.
c.Two (2)members appointed by the district.
d.Two (2)members appointed by the majority ·
recommendation of the members appointed by said
governing bodies.
e.The City Manager,Superintendent of Schools,
and the Chairman of the Board of County Co.mmissioners
or their appointees,shall be ex officio members of
said committee.
3.The .committee shall solicit and name consultants from
agencies with functional and operational responsibilities as
Well as the users of the transportation systems,including
parent groups,.
4.The u ctions of the committee shall be to meet
pub.licly at regular intervals to consider pedestrian-
traffic safety,.establish priorities,and .to make such
recommendations to the g.overning bodies consistent with
said priorities which will promote public safety and in
their opinion reduce traffic death,injuries,and property
losses resulting from traffic accidents.The following
shall be the general goals of the committee:
a.To encourage the development of those
Physical facilities and services necessary to
establish the safe,efficient,and convenient
mobility of pedestrian-vehicular traffic in a
manner of co-existence.(Short-range goal.)
.b..To develop in all children at the earliest
possible age the ability to assume responsibilities
for their own safety as pedestrians and cyclists.
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(Intermediate goal.)
c.To encourage the development of the community
attitude which will promote harmony between multi-
transportation modes and the urban environment.(Long-
range goal.)
5.The committee may appoint a clerk who shall be
custodian of its records and shall .perform such other duties
as aré prescribed by law or are necessarily implied by the
activities and duties of the committee.
6.The terms of members who are employees or officers
of any of the participating governing bodies and serve as
their representative on the committee are co-extensive with
the terms of off.ice to which they have been appointed or
elected;the terms of other members are two (2)years,
or until his or her successor is appointed unless the
governing body appoints another to serve as its repre.senta-
tive.
To provide for staggered terms the governing body
shall initially appoint one (1)member for one (1)year
and one (1)member for a term of two (2)years and each
appointment .thereafter shall be for a two (2)year period.
7.That vacancies shall be filled for any expired or
unexpired term by the governing body that made the original
appointments,and any citizen appointee may be removed from
the membership by the governing body represented by the
appointee.
8.That members .shall receive no salary for services
on the board,but actual and necessary expenses incurred
while acting under orders of the committee may be paid.
9.That the board shall fix the time for holding
regular meetings,but it shall hold at least quarterly
meetings with the annual meeting being held at the first
regular meeting in each year.Special meetings may be
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called by the Chairman of the board or by the joint request
of any three (3)members of the committee.
10.The board shall annually prepare and submit to the
governing bodies no later than June 1 of each year a proposed
budget governing its activities for the ensuing year.Monies
appropriated by the governing body shall be kept in their
respective treasuries and paid out in accordance with their
respective policies.
11.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.
12.The committee shall have perpetual existence.
PASSED AND ADOPTED by a majority vote of the City
Commission of the City of Bozeman in the regular session
on the 22nd day of December ,1976.
ATTEST-:
dlerk of City Commis ön
PASSED AND ADOPTED by a majority vote of the trustees
of the Bozeman High School District and School District No.7
of Montana in regular session on the day of
197Ó.
Chairnjàn of the Board
ATTEST:
Clerk of the Board
PASSED AND ADOPTED by a majority vote of the Gallatin
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Board of County Commissioners in regular session on the
7,day of ,1977,
Chairman of the B rd
ATTEST:
Clerk of the Bpar
Departmentof AttorneyGeneral
.Helena,Montana
,19
APPROVED AS TO FORM
.AttorneyG
By
Assi
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From MCA 1-5-610(7)Forcertifyingacopy ofan electronicrecord:
StateofMontana
County ofGallatin
Icertifythat the foregoing and annexed record entitledAgreement to Terminate Pedestrian-
TrafficSafetyCommittee Inter-LocalCooperative Agreement,dated October 26,2021,and
consistingof 7 pages isa true and correctcopy of an electronicrecord printeddirectlyfrom the
electronicfileby me on Febrme y I,acon .
(Signatureofnotarialofficer)
(Officialstamp)
,,MIKE MAAS
d NotaryPublic
OTAR/4 fortheStateofMontana
Residingat:
.SEAL Belgrade,Montana
My CommissionExpires:
November8,2025