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HomeMy WebLinkAbout03- public transit interlocal INTERLOCAL AGREEMENT GALLA TIN COUNTY - CITY OF BOZEMAN ~ CITY OF BELGRADE PUBLIC TRANSIT STAKEHOLDER'S ADVISORY BOARD THIS AGREEMENT is made and entered into this day of , 2003, between Gallatin County, a Political Subdivision of the state of Montana, with principal offices at 311 West Main Street, Bozeman, Montana, 59715 (hereinafter referred to as County), the City of Bozeman, a Municipal Corporation of the state of Montana, with principal offices at 411 East Main Street, Bozeman, Montana, 59715 (hereinafter referred to as Bozeman), and the City of Belgrade, a Municipal Corporation of the state of Montana, with principal offices at 91 East Central Avenue, Belgrade, Montana, 59714 (hereinafter referred to as Belgrade). [Bozeman and Belgrade may also be referred to collectively as "the Cities" or "each City".] WHEREAS, it is to the financial and operationally efficient advantage of the County and governments of the City of Bozeman and City of Belgrade and their citizens that these governments be fully apprised of the advantages, disadvantages and costs entailed in establishing a public transit system in the Bozeman-Belgrade-Four Comers area, WHEREAS, it will be more efficient to create an Interlocal Board representing the governmental units in the proposed study area as well as affected community interests, WHEREAS, the County and each City have the authority to enter into this agreement pursuant to Sections 7-11-101 through 7-11-108, MCA. NOW, THEREFORE, the County and each City agree as follows: 1. PURPOSES OF INTERLOCAL AGREEMENT. The purpose of this Interlocal Agreement is to establish a Public Transit Stakeholder's Advisory Board in order to examine into the feasibility of establishing an Urban Transportation District; procure the services necessary, pursuant to ~ 18-8-201 et seq., to conduct such public outreach, surveys and other assessments as are essential to evaluate the efficacy of and formulate a recommendation to the political subdivisions concerning the establishment of an Urban Transportation District; defend such recommendation by providing education and other efforts necessary to inform the voters in a non-biased way concerning any proposal brought to the voters; provide appropriate language for any voter initiative or ballot measure based upon the recommendation; and handle any transition to an Urban Transportation District should such District be approved by a majority of the voters following any election where this issue is raised. Public Transit Advisory Board lnterlocal Agreement p. 1 of7 2. GOALS. This Board will: a) Identify the issues surrounding the establishment of an Urban Transportation District, as provided by 97-14-201 et seq., MCA; b) Obtain appropriate services to gather information not contained in the City of Bozeman Transit Task Force Reports or the Greater Bozeman Area Transportation Plan 2001 Update by conducting outreach, public surveys, research and technical assessments, including but not limited to ';.. appropriate boundary of transit district, )- associated costs of district including cost savings and efficiencies, )- job access and mobility ';.. structure of administrative entity and its composition/powers, ';.. vehicle availability and suitability, )i- route location options and design alternatives, )i- partnership opportunities, )i- community impacts and economic development );0 costs and availability of funding for a transportation system from all sources; c) Provide a report on the efficacy of an Urban Transportation District in Gallatin County to the governing bodies; d) Provide appropriate language for a Gallatin County ballot measure to be presented to the voters and a recommendation as to the timing and manner of the ballot measure (mailing ballot or special election or general election); e) Serve as the administrative entity for the Urban Transportation District until such time as a successor group is named. 3. DURATION. The term of this Agreement will end upon the action of the Gallatin County Commission if the Commission does not forward the issue of an Urban Transit District to the voters, or upon the action of the voters if the ballot measure is denied, or upon the seating of an Urban Transportation District Board pursuant to 97-14- 201, et seq., MCA if the ballot measure passes, unless sooner terminated as provided by this section: Any party may serve a Notice of Intention to Terminate upon the addresses as indicated in this Agreement, either personally or by certified mail, return-receipt requested, on or before the second Monday in January of any year in which it will cease to participate in the Agreement as of the conclusion of the fiscal year, at which time the participation of the party providing such notice will end. Public Transit Advisory Board Interlocal Agreement p. 2 of 7 4. PUBLIC TRANSIT STAKEHOLDER'S ADVISORY BOARD. There is established a Public Transit Stakeholder's Advisory Board (Board) which shall consist of the following members: Voting Members Belgrade: 2 members appointed by the City Council of Belgrade Bozeman: 5 members appointed by the Bozeman City Commission, drawn from the f()llowing groups: 1 member, ASMSU (from a person or persons designated by ASMSU) I member, HRDC/GALA V AN 2 members, citizens at large 1 member, City Commission Liaison County: 4 members appointed by the Gallatin County Commission 1 member appointed from the Four Comers area 1 member appointed from the "donut area" outside Bozeman I member from the county at large 1 member, Commission Liaison Ex officio Members These members shall represent groups that have been previously identified as having an interest in the development of an Urban Transportation District, or may have expertise in a particular area pertaining to the development of an Urban Transportation District. These members shall not have any voting authority, but may participate freely in any discussion. 1 member, Montana State University - Bozeman Administration, appointed by the President of Montana State University 1 member, Bozeman Deaconess Hospital, as designated by the Hospital Administrator 1 member, Bozeman Area Chamber of Commerce, as designated by the Chamber Director 1 member, Downtown Business Partnership, as designated by the partnership 3 members, with technical qualifications, elected by a voting majority of the Board The administrative organization, meetings and order of business of the Board shall be established through Bylaws which shall be approved by the Board. Public Transit Advisory Board lnterlocal Agreement p. 3 of7 The membership of the Board may be increased by a majority vote of the whole membership of the Gallatin County Commission, the Belgrade City Council and the Bozeman City Commission. 5. SEPARATE LEGAL ENTITY. There shall be no separate legal entity created as a conseq uence of this Agreement. 6. FINANCING. The tollowing provisions shall become effective on or before September 1,2003: The County and Bozeman may establish a separate fund for the purpose of financing the goals of the Board, including determining what particular vehicles may be acquired by the proposed Urban Transportation District should it be approved. Such fund shall be used to conduct research pursuant to 918-8-201 et seq. as well as consider vendors, vehicles, and their current use by established public transit systems. The Board shall establish a budget for this fund. Said budget must be approved by the City of Bozeman and the Gallatin County Commission. Disbursements from this fund shall be administered by the City of Bozeman. 7. PROPERTY INTEREST. Any balance in any account established for this Board upon its termination shall be divided between the City of Bozeman and Gallatin County in proportion to their original contribution. 8. R~Y.I"~~YlEY~~~!l~ TION. This Agreement shall be reviewed not later than one year after its effective date by the County and City in order to evaluate the efficacy of the present organizational structure. The review shall include the membership of the Board. Adjustments and modifications may thereafter be recommended and made according to Section 14 of this Agreement. 9. NQN-W AIVER. Waiver by either party of strict performance or any provision of this Agreement shall not be a waiver of or prejudice the party's rights to require strict performance of the same provision in the future or of any other provisions. 10. rIME OF ESSENCE. It is mutually agreed that time is of the essence in the performance of all covenants and conditions to be kept and performed under the terms of this A.brreement. 11. HEADINGS. The section headings contained herein are for convenience and reference and are not intended to define or limit the scope of any provision of this Agreement. Public Transit Advisory Board lnterlocal Agreement p. 4 of 7 12. ~OTI~ES. All notices required under this Agreement shall be deemed properly served if delivered in writing, personally, or sent by certified or registered mail to the last address previously furnished by the parties hereto. Until hereafter changed by the parties by noticc in writing, notices shall be sent to the Chairman of the Gallatin County Commission, Courthouse, 311 West Main St., Bozeman, Montana 59715, to the City Manager, City of Bozeman, PO Box 1230, Bozeman, Montana 59771-1230, and to the City Manager, City of Belgrade, 91 East Central Avenue, Belgrade, Montana 59714. The datc of mailing shall be deemed the date of such notice and service thereof 13. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties. No alterations, modifications, or additions to this Agreement shall be binding unless reduced to writing and signed by the parties to be charged herewith. No covenant, term or addition to this Agreement shall be deemed waived by either party unless such waiver shall be reduced to writing and signed by the parties. 14. AMENDMENTS. The terms and conditions of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. No oral modification shall be enforceable. 15. ~~VERABILITY. The provisions of this Agreement shall be deemed independent and severable, and the invalidity, partial invalidity, or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision herein. 16. EFFECIIY.!LQ.A-_TE. This Agreement shall be effective after approval by the respective governing bodies. It is the intent that said Agreement shall be effective on the date stated in the first paragraph of this Agreement. 17. ~ECORDATION. This Agreement shall be filed with the Gallatin County Clerk and Recorder and Montana Secretary of State as required by Section 7-11- 107, MCA. BOARD OF COUNTY COMMISSIONERS GALLATIN COUNTY, MONTANA Chairman Member Public Transit Advisory Board Interlocal Agreement p. 5 00 ATTEST: Clerk and Recorder Approved as to legal content: Gallatin County Attorney ATTEST: Member CITY OF BOZEMAN By: Its Mayor Clerk of Commission Approved as to legal content: Bozeman City Attorney Public Transit Advisory Board lnterlocal Agreement p. 6 of7 .. ATTEST: CITY OF BELGRADE By: Its Mayor Clerk of Council Approved as to legal content: Belgrade City Attorney Public Transit Advisory Board Interlocal Agreement p. 7 of7