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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 2766139 cIf~'misuu -afma°!uw=P° o e ||||11111111||||111111!!!I|1|||111!!|||||1111111111||||||1111||11||||1111111!!!!!l||| 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- DocuSignEnvelope10:DE5CB71F-2576-4313-A9DB-B36D38734B3F 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 PTSC TerminationAgreement-2- DocuSignEnvelopelD:DE5CB71F-2576-4313-A90B-836D38734B3F 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, DocuSignEnvelopeID:DESCB71F-2576-4313-A9DB-B36D38734B3F 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. -2 - DocuSignEnvelopeID:DESCB71F-2576-4313-A9DB-B36D38734B3F (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 -3 - DocuSignEnvelopeID:DE5CB71F-2576-4313-A9DB-B36D38734B3F 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 -4 - DocuSignEnvelopeID:DESCB71F-2576-4313-A9DB-B36D38734B3F 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 -5 - 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