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CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Belgrade, Montana (the “City”), hereby certify that the attached resolution is a true copy of Resolution No. 2023-17 entitled: “CITY RESOLUTION ESTABLISHING THE BOARD OF DIRECTORS OF THE BELGRADE REGIONAL PARK, TRAILS AND RECREATION DISTRICT” (the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Council of the City at a meeting on July 17, 2023, and that the meeting was duly held by the City Council and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Council Members voted in favor thereof: ; voted against the same: ; abstained from voting thereon: ; or were absent: . WITNESS my hand officially this 17th day of July, 2023. City Clerk ---PAGE BREAK--- RESOLUTION 2023-17 CITY RESOLUTION ESTABLISHING THE BOARD OF DIRECTORS OF THE BELGRADE REGIONAL PARK, TRAILS AND RECREATION DISTRICT The City Council (the “Council”) of the City of Belgrade, Montana (the “City”) finds and resolves as follows: WHEREAS, by resolution of the Council adopted on January 26, 2023 and by resolution of the Board of County Commissioners (the “Board of County Commissioners”) of Gallatin County, Montana (the “County”) adopted on January 24, 2023, the City and the County ordered a referendum on the creation of the Belgrade Regional Park, Trails and Recreation District (the “District”) on May 2, 2023; and WHEREAS, the referendum on the creation of the District was approved by the requisite majority of the registered electors residing in or owning taxable property in the District; and WHEREAS, pursuant to Title 7, Chapter 11, Part 10, Montana Code Annotated as amended (the “Act”), the City and the County have entered into an Interlocal Agreement Regarding the Belgrade Regional Park, Trails and Recreation District, attached hereto as Exhibit A (the “Interlocal Agreement”); and WHEREAS, pursuant to the Act and the Interlocal Agreement, the City desires by this resolution to establish the Board of Directors of the District (the “Board”); and WHEREAS, the Council further desires that the Mayor and City Manager review and approve the Bylaws of the Belgrade Regional Park, Trails and Recreation District (the “Bylaws”) prior to the execution thereof by the directors of the Board; and WHEREAS, the Board of County Commissioners has adopted or will soon adopt a resolution establishing the Board of the District containing the same terms and conditions as are set forth below. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: Section 1. Board Members. The Board shall have seven members, each of whom shall be a director, three of whom shall reside in the City (the “City Directors”), three of whom shall reside in the District outside of the City (the “County Directors”), and one of whom shall be a member of the Council (the “Ex Officio Director”). The City Directors shall be appointed by the Mayor with the approval of the Council. The County Directors shall be nominated by the Board of County Commissioners and appointed by the Mayor with the approval of the Council. The Ex Officio Director shall be appointed annually by the Mayor with the approval of the Council. ---PAGE BREAK--- 3 Section 2. Terms. The terms of the City Directors and of the County Directors shall be three years, except the initial term may be shorter as described in the Bylaws. The term of the Ex Officio Director shall be one year. If reappointed with the approval of the Council, each City Director and the Ex Officio Director may serve an unlimited number of terms. If renominated by the Board of County Commissioners and reappointed with the approval of the Council, each County Director may serve an unlimited number of terms. Except for the initial terms of the initial directors, terms shall commence on July 1. Section 3. Compensation. The directors are entitled to mileage, per diem, and expenses in accordance with the policies of the City of Belgrade. Section 4. Governance of the District. The Board is responsible for the governance of the District, subject to the direction and control of the Council and the Board of County Commissioners. Each City Director and the Ex Officio Director serves at the pleasure of the Council and each County Director serves at the pleasure of the Board of County Commissioners. Section 5. Board Responsibilities. The Board may exercise all administrative powers as necessary or appropriate to govern the District and may administer programs, establish policy, and adopt administrative and procedural rules, subject to and, except as limited, in each case, by the Act, the Interlocal Agreement, this Resolution, and the Bylaws. The Board may not pledge the credit of the City or of the County and may not impose a tax, except as authorized by the Act. Section 6. Board Powers. The Board shall have all powers necessary and proper to the establishment, operation, improvement, maintenance, and administration of the District. Section 7. Personnel. The Board may not employ personnel. All staff necessary or appropriate for the District shall be employed by the City. Section 8. Vacancies. A vacancy in a City Director or Ex Officio Director position on the Board must be filled by the City for the remainder of that City Director’s term by appointment by the Mayor and approval of the Council, and a vacancy in a County Director position on the Board must be filled by nomination of a successor director by the Board of County Commissioners and such nominated successor director must be appointed to the Board by the Mayor of the City with approval of the Council. Section 9. Lawsuits. The Board may not sue or be sued independently of the City or the County, unless authorized by State law. Section 10. Vacancies. The City shall post prospective director vacancies at least one month prior to filling the vacancy. The City shall provide to the County all responses by applicants for County Director positions. A City Director appointed and a County Director nominated and appointed shall serve until a successor has been appointed and qualified. Section 11. Appointments. The Council with regard to the City Directors and the Ex Officio Director and the Board of County Commissioners with regard to the County Directors shall maintain a register of appointments containing the information called for by Section 7-1- 201(5)(b), MCA. ---PAGE BREAK--- 4 Section 12. Voting. Each City Director and County Director is a voting director. The Ex Officio Director is entitled to vote only on matters before the Board as to which the number of yes or for votes equals the number of no or against votes and the total number of directors voting yes or for and no or against constitutes a quorum. Section 13. Quorum. A majority of directors constitutes a quorum for purposes of conducting business and exercising powers and responsibilities. Action may be taken by a majority vote of directors present and voting, unless the Interlocal Agreement or Bylaws provide otherwise. Section 14. Records. The Board shall provide for the keeping of written minutes, including the final vote on all actions and the vote of each director. Section 15. Meetings. The Board shall provide by rule for the date, time and place of regularly scheduled meetings and file such information with the Council and the Board of County Commissioners. Section 16. Eligibility. Unless otherwise provided by law, a person must be a citizen of the United States and a resident of the District to be eligible for appointment to the Board. Section 17. Removal. A City Director or the Ex Officio Director may be removed from the Board with or without cause by the Council. A County Director may be removed from the Board with or without cause by the Board of County Commissioners. Section 18. Budgeting and Accounting. The Board shall ensure that the budgeting and accounting requirements set forth in the Interlocal Agreement for which it is responsible are satisfied. The City shall maintain and oversee all funds and accounts related to the District and provide District financial reports to the County quarterly. Section 19. Bylaws. The Mayor and the City Manager, or either of their designees, are hereby authorized and directed to review and approve on behalf of the City the Bylaws of the District. Such Bylaws shall not be signed by the directors of the District or come into effect until the Bylaws are approved by the Mayor and the City Manager or their designees. This resolution shall be effective as of and following the date hereof and may be amended or superseded hereafter by the Council with the prior written approval of the Board of County Commissioners, which approval will not be unreasonably withheld. ---PAGE BREAK--- 5 ADOPTED by the City Council of the City of Belgrade, Montana, this 17th day of July, 2023. Russell C. Nelson, Mayor ATTEST: Camille Gregory, City Clerk ---PAGE BREAK--- A-1 EXHIBIT A INTERLOCAL AGREEMENT ---PAGE BREAK--- A-2 ---PAGE BREAK--- A-3 ---PAGE BREAK--- A-4 ---PAGE BREAK--- A-5 ---PAGE BREAK--- A-6 ---PAGE BREAK--- A-7 ---PAGE BREAK--- A-8 ---PAGE BREAK--- A-9 ---PAGE BREAK--- A-10 ---PAGE BREAK--- A-11 ---PAGE BREAK--- A-12 ---PAGE BREAK--- A-13 ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK---