PROPOSED DRAFT RESOLUTION

RESOLUTION ENLARGING THE BIG SKY PASSENGER RAIL AUTHORITY TO INCLUDE CARBON COUNTY AND STILLWATER COUNTY

BE IT RESOLVED by the Directors of the Big Sky Passenger Rail Authority (the “Authority”), as follows:

Section 1.  Original Resolution.  The Big Sky Passenger Rail Authority was created by a Joint Resolution Creating A Regional Rail Authority, last adopted on November 18, 2020. 

Section 2.  Governance. The powers of the Authority are vested in a board of directors.

(1)  Appointment of Directors. The Boards of County Commissioners in the original participating counties appointed the initial directors of the Authority. If the Authority expands the number of counties, and directors, beyond the initial participating counties, each Board of County Commissioners in subsequent added counties will make board appointments to the Authority.

(2)  Number of Directors. The Authority board membership equals the number of counties in the Authority, with one member appointed by each county. 

(3)  Qualifications of board members. The appointed directors must have an interest in furthering the mission of the Authority and bring varying expertise and knowledge to the Authority.

(4)  Length of term.  Each director will be appointed for a term of three years. Initial terms may be staggered as determined by the board.

Section 3. Boundaries of District.  Pursuant to MCA 7-14-1639, the limits and boundaries of the Authority may be enlarged to encompass in the aggregate the boundaries as approved by each participating County. The boundary of the area proposed to be included in the Authority for each county shall be the boundary of the county unless designated otherwise.

Section 4. Procedure to Expand. Upon receipt of a resolution from a county requesting to join the Authority or an intention to join pending a hearing to be held before the date of the hearing on this Resolution, the Authority board, if it desires that the requesting county join the Authority, will cause to be published the language of this Resolution in the counties participating in the Authority and in the county requesting to join the Authority, pursuant to MCA 7-1-2121. If the request is granted by the Authority, the Board of County Commissioners of the petitioning county will select, pursuant to its own process, its representative to the board of the Authority. 

Section 5.  Request to Join. Carbon County passed a Resolution Requesting to Join the Authority and Stillwater County will proceed with a hearing prior to the hearing on this Resolution. Prior to the adoption of this Resolution, the Boards of County Commissioners of Carbon and Stillwater Counties will certify that they held public hearings and published notice of the hearings pursuant to MCA 7-1-2121.

Section 6.  Authority Public Hearing.  Pursuant to MCA 7-14-1621(2) and 7-14-1639, the Authority chair certifies that it published notice of the hearing pursuant to MCA 7-1-2121 in newspapers in the counties that are members of the Authority and in Carbon County and Stillwater County, published a copy of this proposed resolution as required, and held a duly noticed public hearing at which time the Authority heard public comment on whether to enlarge the Authority by adding Carbon and Stillwater Counties as participating counties in the Authority, the boundaries of the Authority if it is to be enlarged, and any other matters that were relevant. 

Section 7. Enlargement of Authority.  By execution of this Resolution, the Authority acknowledges that it received the Resolutions from Carbon and Stillwater Counties and approves enlargement of the Authority to add Carbon and Stillwater Counties as members of the Authority and enlarges the boundary of the Authority to include Carbon and Stillwater Counties. 

Section 8.  New Directors.  The Authority accepts or will accept one director appointed each by the Boards of County Commissioners of Carbon and Stillwater Counties as directors of the Authority to serve in accordance with the Authority’s documentation governing directors of the Authority.

Adopted following a Public Hearing on _____________, 2021

Big Sky Passenger Rail Authority

/s/ Dave Strohmaier, Chair

 

Legal 21-043 Published in the Boulder Monitor April 28 & May 5, 2021

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