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HomeMy WebLinkAbout2010-04-12 10-131 ORDERCOUNCIL ACTION Item No. 10 131 Date: April 12, 2010 Item/Subject: ORDER Authorizing the Interim City Manager to Execute a First Amendment to Memorandum of Understanding with the Bangor Land Trust — Bangor Trails Project Responsible Department: Legal Commentary: On October 11, 2006, by Council Order 06-352, the City Council of the City of Bangor approved a Memorandum of Understanding by and between the City of Bangor, Bangor Land Trust and Keep Bangor Beautiful to establish a committee for the Bangor Trails Project with the stated goal of developing and implementing a city-wide trails system. The Committee has been meeting on a regular basis since its inception. Keep Bangor Beautiful no longer exists. However, the Committee wishes to continue its efforts on the Bangor Trails Project. This Order will amend the 2006 Memorandum of Understanding to address the fact that Keep Bangor Beautiful is no longer a member of the committee and update the structure of the Bangor Trails Committee. Department Head Manager's mm nts: X�l 0) 47pfl 1� At - � City Manager Associated Information: �fG��<rid/►Y�r Budget Approval: Finance Director Legal Approval: City Solicitor Introduced for x Passage First Reading Page _ of _ Referral (TITLE,) Assigned to Councilor's � �4 10 131 Assigned to Councilor _ Hawes April 12, 2010 pF 64 NC S 4 O� : w CITY OF BANGOR o. Oq E0 4TED,F it (TITLE.) ORDER, Authorizing the Interim City Manager to Execute a First Amendment to Memorandum of Understanding with the Bangor Land Trust — Bangor Trails Project WHEREAS on October 11, 2006, by Council Order 06-352, the City Council of the City of Bangor approved a Memorandum of Understanding by and between the City of Bangor, Bangor Land Trust and Keep Bangor Beautiful to establish a committee for the Bangor Trails Project with the stated goal of developing and implementing a city- wide trails system; and WHEREAS, Keep Bangor Beautiful has since ceased existence; and WHEREAS, the City of Bangor and the Bangor Land Trust wish to continue their efforts on the Bangor Trails Project. By the City Council of the City of Bangor. ORDERED, THAT Robert Farrar, Interim City Manager for the City of Bangor, is hereby authorized on behalf of the City of Bangor to execute a First Amendment to Memorandum of Understanding. Said First Amendment shall be in a form substantially as attached hereto and shall be in a final form as acceptable to the City Solicitor or Assistant City Solicitor. BE IT FURTHER ORDERED THAT the following are hereby designated to serve as the City's representatives on the Bangor Trails Committee and are hereby authorized to participate in all Committee activities, including fund-raising: 1. Director of Infrastructure and Development Support 2. Director of Park and Recreation 3. Member of Economic Development Department IN CITY COUNCIL April 12, 2010 Passed r (TITLE,)rim City Manager to Execute a First Amendment to Memorandum of Understanding with the Bangor Land Trust - Bangor Trails Project Assigned to Councilor__ r,.:x 10 131 FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING Bangor Trails Project WHEREAS, the City of Bangor, Keep Bangor Beautiful, and Bangor Land Trust were the original parties to a Memorandum of Understanding in November 2006 to have a Bangor Trails Project for the purpose of creating a city-wide trails system; and WHEREAS, Keep Bangor Beautiful is no longer in existence; and WHEREAS, The City of Bangor and Bangor Land Trust desire to continue with the Bangor Trails Project; and WHEREAS, the City of Bangor and Bangor Land Trust agree that with the loss of representatives from Keep Bangor Beautiful it is in the best interest of the Bangor Trails Project that the Bangor Trails Committee appoint three additional representatives. NOW, THEREFORE: The City of Bangor and Bangor Land Trust enter into this First Amendment to Memorandum of Understanding by amending said Memorandum of Understanding as follows. 1. By deleting the following: ARTICLE ONE: Parties to the Memorandum This Memorandum is by and between: THE CITY OF BANGOR City Hall 73 Harlow Street Bangor, Maine 04401; BANGOR LAND TRUST P.O. Box 288 Bangor, Maine 04402-0288; and KEEP BANGOR BEAUTIFUL P.O. Box 1548 Bangor Me, 04402-1548, Hereinafter collectively referred to as the "parties to the memorandum" or "parties." 10 131 And by replacing it with the following. ARTICLE ONE: Parties to the Memorandum This Memorandum is by and between: THE CITY OF BANGOR City Hall 73 Harlow Street Bangor, Maine 04401; BANGOR LAND TRUST P.O. Box 288 Bangor, Maine 04402-0288; and Hereinafter collectively referred to as the "parties to the memorandum" or "parties." 2. By deleting the following: ARTICLE FOUR: Bangor Trails Committee The Bangor Trails Committee will be formed to complete trail design, planning, development, fundraising, and to oversee construction and maintenance. 4.1 Committee representatives: The City of Bangor, Keep Bangor Beautiful, and Bangor Land Trust shall each appoint three representatives to serve on the Committee. Once appointed, Committee members may serve for the duration of the Committee existence. Each party to this agreement may replace its own appointed committee members at any time at its own discretion. 4.2 Committee decisions: All decisions of the Bangor Trails Committee are subject to a majority vote of the Committee at any meeting attended by a quorum of Committee members. And by replacing it with the following: ARTICLE FOUR: Bangor Trails Committee The Bangor Trails Committee will be formed to complete trail design, planning, development, fundraising, and to oversee construction and maintenance. 4.1 Committee representatives: The City of Bangor and Bangor Land Trust shall each appoint three representatives to serve on the Committee. Said representatives shall 10 131 appoint and retain up to three additional representatives to serve as voting members of the Committee. Once appointed, Committee members may serve for the duration of the Committee existence. Each party to this agreement may replace its own appointed committee members at any time at its own discretion. 4.2 Committee decisions: All decisions of the Bangor Trails Committee are subject to a majority vote of the Committee at any meeting attended by a quorum of Committee members. 3. In all other respects the Memorandum of Understanding of November 2006 between the parties shall remain in full force and affect. CITY OF BANGOR Date: Title BANGOR LAND TRUST Date: Title FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING Bangor Trails Project WHEREAS, the City of Bangor, Keep Bangor Beautiful, and Bangor Land Trust were the original parties to a Memorandum of Understanding in November 2006 to have a Bangor Trails Project for the purpose of creating a city-wide trails system; and WHEREAS, Keep Bangor Beautiful is no longer in existence; and WHEREAS, The City of Bangor and Bangor Land Trust desire to continue with the Bangor Trails Project; and WHEREAS, the City of Bangor and Bangor Land Trust agree that with the loss of representatives from Keep Bangor Beautiful it is in the best interest of the Bangor Trails Project that the Bangor Trails Committee appoint three additional representatives. NOW, THEREFORE: The City of Bangor and Bangor Land Trust enter into this First Amendment to Memorandum of Understanding by amending said Memorandum of Understanding as follows. 1. By deleting the following: ARTICLE ONE: Parties to the Memorandum This Memorandum is by and between: THE CITY OF BANGOR City Hall 73 Harlow Street Bangor, Maine 04401; BANGOR LAND TRUST P.O. Box 288 Bangor, Maine 04402-0288; and KEEP BANGOR BEAUTIFUL P.O. Box 1548 Bangor Me, 04402-1548, Hereinafter collectively referred to as the "parties to the memorandum" or "parties." 10 131 And by replacing it with the following. ARTICLE ONE: Parties to the Memorandum This Memorandum is by and between: THE CITY OF BANGOR City Hall 73 Harlow Street Bangor, Maine 04401; BANGOR LAND TRUST P.O. BOX 288 Bangor, Maine 04402-0288; and Hereinafter collectively referred to as the "parties to the memorandum" or "parties." 2. By deleting the following: ARTICLE FOUR: Bangor Trails Committee The Bangor Trails Committee will be formed to complete trail design, planning, development, fundraising, and to oversee construction and maintenance. 4.1 Committee representatives: The City of Bangor, Keep Bangor Beautiful, and Bangor Land Trust shall each appoint three representatives to serve on the Committee. Once appointed, Committee members may serve for the duration of the Committee existence. Each party to this agreement may replace its own appointed committee members at any time at its own discretion. 4.2 Committee decisions: All decisions of the Bangor Trails Committee are subject to a majority vote of the Committee at any meeting attended by a quorum of Committee members. And by replacing it with the following: ARTICLE FOUR: Bangor Trails Committee The Bangor Trails Committee will be formed to complete trail design, planning, development, fundraising, and to oversee construction and maintenance. 4.1 Committee representatives: The City of Bangor and Bangor Land Trust shall each appoint three representatives to serve on the Committee. Said representatives shall 10 131 appoint and retain up to three additional representatives to serve as voting members of the Committee. Once appointed, Committee members may serve for the duration of the Committee existence. Each party to this agreement may replace its own appointed committee members at any time at its own discretion. 4.2 Committee decisions: All decisions of the Bangor Trails Committee are subject to a majority vote of the Committee at any meeting attended by a quorum of Committee members. 3. In all other respects the Memorandum of Understanding of November 2006 between the parties shall remain in full force and affect. CITY OF BANGOR By, PJJJ4�f Title BANGOR LAND TRUST Title Date: # � OW d Date: