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:
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Associated Information: �fG��<rid/►Y�r
Budget Approval:
Finance Director
Legal Approval:
City Solicitor
Introduced for
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First Reading Page _ of _
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Assigned to Councilor's
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10 131
Assigned to Councilor _ Hawes April 12, 2010
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(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: