AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT CREATING A TRAIL DEVELOPMENT COMMISSION TO DEVELOP, OPERATE AND MANAGE A RAILS-TO-TRAILS CONVERSION ON IDENTIFIED RAILROAD RIGHT OF WAY OWNED BY THE STATE OF WISCONSIN IN SAUK COUNTY

WHEREAS, the State of Wisconsin is the owner or lessor of certain railroad right-of-way that runs through the Villages of Sauk City and Prairie du Sac, the Towns of Prairie du Sac, Sumpter, and Merrimac including the former U.S. Government railroad through the defunct Badger Army Ammunition Plant and ending at “the wye”; and,

            WHEREAS, by Resolution No. 64-07, the Honorable Sauk County Board of Supervisors supported the conversion of portions of the above-mentioned rail line for a Rails-to-Trails conversion while expressing the position that continued rail service is vital to Sauk County, and by Resolution No. 22-11, the Board also expressed support for trail development, provided that the State of Wisconsin purchased the rail line from Madison to Reedsburg to ensure continued rail service, and the acquisition of said rail line is believed to be imminent; and,

            WHEAREAS, by Resolution No. 63-11, the Board approved the creation of a subcommittee of its Economic Development Committee to facilitate the Rails-to-Trails conversion which has been determined to be feasible, acceptable, desirable, and supported by stakeholder groups; and,

            WHEREAS, the State of Wisconsin Department of Natural Resources is the lead state agency in trail development, has been involved in the facilitated process, and is interested in entering into a Rails-to-Trails Memorandum of Understanding with Sauk County to develop, operate, and maintain this trail in conjunction with the local units of government through which the trail will pass; and,

            WHEREAS, it is anticipated that all local partners will share in the benefits of the trail, and therefore it is necessary to create a framework by which the County will develop, operate, and maintain the trail with the advice and assistance of the local units of government with the fiscal and operational responsibilities shared between the State of Wisconsin, Sauk County, the local units of government, and potentially other stakeholders; and,

            WHEREAS, in order to develop a framework and facilitate intergovernmental cooperation, it is now necessary to create a Trail Development Commission to recommend an intergovernmental agreement to be adopted by all local units of government involved and to oversee the development, operation, and maintenance of the trail.

            NOW, THEREFORE, BE IT RESOLVED, by the Sauk County Board of Supervisors, met in regular session, that a Trail Development Commission is hereby created pursuant to the authorities contained in Wis. Stat. ch. 23, §§ 66.0301, 59.03, and 59.56 to develop, operate, and maintain a trail on certain former rail corridor located in Sauk County, the municipalities of the Village of Sauk City, the Village of Prairie du Sac, the Town of Prairie du Sac, Town of Sumpter, and the Town of Merrimac that will become part of the cooperative trail easement, and upon approval of the aforementioned units of government, shall perform the following initial duties:

RESOLUTION NO. ____ - 2014

AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT CREATING

A TRAIL DEVELOPMENT COMMISSION TO DEVELOP, OPERATE AND

MANAGE A RAILS-TO-TRAILS CONVERSION ON IDENTIFIED RAILROAD

RIGHT OF WAY OWNED BY THE STATE OF WISCONSIN IN SAUK COUNTY

Page 2

1.         Supervise the completion of an intergovernmental agreement between the units of government referenced in paragraph A above to carry out the above-referenced duties and such other related duties as may be necessary and desirable, said agreement to provide for the development, operation and maintenance of the trail and potential dissolution of the commission, said agreement to be drafted by the Sauk County Corporation Counsel based upon commission directives, and presented for approval to the governing bodies of the above referenced units of government; and,

2.         Create bylaws necessary to govern the operation of the commission; and,

3.         Adopt a name for the Commission; and,

BE IT FURTHER RESOLVED, that it is anticipated that the Trail Development Commission will be an entity of long standing to oversee development of this trail, lead planning processes for this and future trail links, maintain intergovernmental relationships, organize long-term maintenance of the trail and oversee trail enhancement, and work as a liaison with a locally established “friends group,’ and other stakeholders; and,

            BE IT FURTHER RESOLVED, that the Commission shall be comprised of two Sauk County Board supervisors, and one commissioner from each of the following units of government, who shall be members of the governing body of that unit of government; the Village of Sauk City, the Village of Prairie du Sac, the Town of Prairie du Sac, the Town of Sumpter, and the Town of Merrimac, who shall serve two-year terms, and be appointed in the manner provided for by the unit of government that they represent, and the Sauk County Parks Director shall be an ex-officio member and secretary of the  Commission without vote.