5. Resolution 4768 - Distribution of CAB Monies Agreement40 City of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7000 Fax - (406)758-7758
REPORT TO:
FROM:
SUBJECT:
Honorable Mayor and City Council
Chris A. Kukulski, City Manager
Agreement Resolving the Final Distribution of Property, Cash Reserves, Interest
and Liabilities for the Countywide Administrative Board.
MEETING DATE: January 6, 2003
BACK GROUND: Attached is an agreement resolving the final distribution of property, cash reserves
interest and liabilities for the countywide administrative board. The agreement is being presented for
adoption by the Whitefish, Columbia Falls and Kalispell City Councils and the Flathead County
Commissioners. If approved by all parties the agreement will resolve the legal dispute between the cities
and county.
The cash reserves of $256,151.15 plus interest will be distributed by first paying the compensated
absences liability of $33,056.67 to Tri-City and the remaining $223,094.48 plus interest will be divided
with 68% going to Flathead County and 32% going to Tri-City. Once the Tri-City Planning office
receives its money we will then pay each of the City's for their loan that was made during last fiscal year.
This will result in $21,520 being repaid to Kalispell's general fund.
RECOMMENDATION: The City Council authorize the Mayor to sign the attached agreement
resolving the final distribution of property, cash reserves, interest and liabilities for the countywide
administrative board.
FISCAL EFFECTS: Tri-City will be paid $71,390.23 plus interest from the settlement and
Kalispell's $21, 520 general fund loan will be repaid.
ALTERNATIVES: As suggested by the Council.
ReesvecctfuullT
itt d,
Chris A. Kukulski
City Manager
Report compiled December 31, 2002
RESOLUTION NO.4768
A RESOLUTION TO JOIN IN THE AGREEMENT WITH THE COUNTY OF
FLATHEAD, THE CITY OF WHITEFISH AND THE CITY OF COLUMBIA FALLS TO
RESOLVE THE DISPUTE REGARDING THE FINAL DISTRIBUTION OF PROPERTY,
CASH RESERVES, INTEREST AND LIABILITIES FOR THE COUNTYWIDE
ADMINISTRATIVE BOARD AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell, the City of Whitefish, the City of Columbia Falls and the
County of Flathead were members of an Interlocal Agreement which established the
Countywide Administrative Board [CAB]; and
WHEREAS, the County of Flathead withdrew from CAB and there has been a dispute between
the parties regarding the disposition of the property, funds and liabilities of CAB;
and
WHEREAS, the above named parties desire to resolve the dispute and provide for an equitable
distribution of the balance of the Cash Reserve, less Compensated Absence Liability
plus Interest and have reduced such agreement to writing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. The agreement of the parties, attached hereto as Exhibit "A", to resolve the
dispute over final distribution of property, cash reserve, interest and liabilities
for the County Wide Administrative Board is in the best interest of the City
of Kalispell and shall be executed by the City of Kalispell through the
signature of the Mayor.
SECTION II. It is in the best interest of the City of Kalispell and essential to the
conclusion of this dispute by all parties that this agreement be executed
forthwith. This resolution will therefore become effective immediately.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 6TH DAY OF JANUARY, 2003.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
EXHIBIT "A"
AGREEMENT RESOLVING THE FINAL DISTRIBTUION
OF PROPERTY, CASH RESERVE, INTEREST AND LIABILITIES
FOR THE COUNTYWIDE ADMINISTRATIVE BOARD
This Agreement, made and entered into by and between Flathead County, hereinafter referred to as
County, City of Kalispell, hereinafter referred to as Kalispell, City of Whitefish, hereinafter referred to
as Whitefish, and City of Columbia Falls, hereinafter referred to as Columbia Falls, all government
entities of the State of Montana.
WITNESSETH:
WHEREAS, County, Kalispell, Whitefish and Columbia Falls were members of an Interlocal
Agreement which established the Countywide Administrative Board, hereinafter referred to as CAB;
and
WHEREAS, the County withdrew, June 30, 2001, from CAB; and
WHEREAS, CAB now continues under the name of Tri-City Planning Office, hereinafter referred to as
TCPO; and
WHEREAS, in accordance with the original CAB agreement and any amendments thereto, the County
and TCPO have in their possession all properties owned by each; and
WHEREAS, on June 30, 2001, CAB had a Cash Reserve of $256,151.15 (two hundred fifty six
thousand one hundred fifty one dollars and fifteen cents) and a Compensated Absence Liability of
$33,056.67 (thirty three thousand fifty six dollars sixty seven cents); and
WHEREAS, the Cash Reserve has been held by the County in an interest bearing manner; and
WHEREAS, it is to the mutual benefit of the County, Kalispell, Whitefish and Columbia Falls, that the
cost and benefit of Cash Reserve, Compensated Absence Liability and Interest on the reserve shall be
resolved; and
WHEREAS, the parties to this Agreement desire to provide for the equitable distribution of the balance
of the Cash Reserve, less Compensated Absence Liability plus Interest;
NOW, THEREFORE, be it resolved, that the County, Kalispell, Whitefish, and Columbia Falls,
stipulates to the following:
This Agreement shall be effective when all of the parties listed herein shall sign the Agreement
witnessing as listed herein above and resolving as stipulated herein without additional reservations,
conditions or contingencies;
2. The County, Kalispell, Whitefish, and Columbia Falls shall accept unconditionally the following
figures as true and accurate:
a. The amount of the Cash Reserve is $256,151.15 (two hundred fifty six thousand one hundred
fifty one dollars and fifteen cents);
b. The amount of the Compensated Absence Liability is $33,056.67 (thirty three thousand fifty
six dollars sixty seven cents);
c. The amount of Interest earned on the Cash Reserve since July 1, 2001 is equal to the Cash
Reserve multiplied by _%(_ percent) calculated as an annual percentage rate for the
period July 1, 2001 to the date that this agreement is signed by each of County, Kalispell,
Whitefish, and Columbia Falls and that amount is
3. The County, Kalispell, Whitefish, and Columbia Falls shall accept unconditionally the following
calculation of the amount that is available to be disbursed to the parties:
a. From the Cash Reserve subtract the amount of the Compensated Absence Liability; this
amount shall be equal to $223,094.48 (two hundred twenty three thousand ninety four dollars
forty eight cents;
b. Add to the amount of $223,094.48 the total amount of interest accrued on the Cash Reserve;
this amount shall be the amount available to be disbursed to the parties;
c. Multiply the amount available to be disbursed to the parties by 68.0%; this amount shall be
delivered to the County;
d. Subtract from the amount available to be disbursed to the parties, the amount delivered to the
County; this amount shall be delivered to TCPO;
4. The County, Kalispell, Whitefish, and Columbia Falls finds that the property of CAB is now in the
possession of TCPO and that the property of County is now in possession of County and neither
party shall have any claim to the property of the other;
5. The County, Kalispell, Whitefish, and Columbia Falls shall relinquish forever the right to litigate,
appeal, arbitrate or pursue any of the matters set forth herein.
IN WITNESS WHEREOF, the parties do execute this agreement upon the dates so entered below.
FLATHEAD COUNTY, MONTANA
BY:
ATTEST:
BOARD OF COUNTY COMMISSIONERS
BY:
CLERK
DATE:
CITY OF KALISPELL, MONTANA
BY:
ATTEST:
MAYOR
BY:
CLERK
DATE:
CITY OF WHITEFISH, MONTANA
BY:
ATTEST:
MAYOR
BY:
CLERK
DATE:
CITY OF COLUMBIA FALLS, MONTANA
BY:
ATTEST:
MAYOR
BY:
CLERK
DATE:
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