HomeMy WebLinkAbout1984 Ordinance No. 006ORDINANCE NO. G
SERIES OF 198_4 __
BY AUTHOR I TY
CXlUNC IL BILL NO . 4
INTRODUCED BY CXlUNCIL
MEMB ER BILO
AN ORDINANCE I\PPROVI NG AN I\GREEl'IENI' TITL ED "JOINT REX:REI\TION
IIGREEl'1EN!'" PROVIDING FOR SH/IRED USE OF '!1-IE ENGL~ HIGH =ooL
5W !t1-II NC POO L.
WHERE/IS , pursuant to an agreerent dated the 27th day of June,
1966 , the City of l:l'lglewoocl and the Engle woocl School District
e ntered i nto an agreerent providing for the construc tion and
operation of an indoor swilllTling pool to be c,o nstructed a nd loca t ed
on Englewoocl School District property ; a nd
WHF.REAS, the parties have oper ated unde r said agreemen t for a
periOO of seventeen year •;; and
WHEREAS , due tv U!'age , ope ration conditions , inflation, and
other var i able factor s, it is necessa ry to amend the ag reenent ;
NOW , '!1-I EREFORE , IJE IT ORDAI NED BY '!1-IE CI TY <XJUNCI L OF '!1-I E
CITY OF ENGLEWOOD , COLORADO , /IS FOLLOWS :
section l. There is he reby a pproved a n agreement ti t led "Joint
Rec reat ion Agr eement ," which read s as follows:
JOI NT RECREATION AGREEMENT
'Il l!S AGREEl'IENr . made and e,ecut ed th is day of
, 1984 , by a nd between the CITY OF ENG LEWOOD ,
ariiun i c ipal cor[)Or"a tion org ani zed and exis ting pu rsuant to the
prov is ions of Article XX of the Constitutio n of the State o f
Colo ,ado , hereinafte r called "City", and s:::JIOOL DISTRICT NO . 1 ,
<XJUN'."Y OF ARAPAHOE , COLG RAOO , a quas i-munici pal corporation ,
herei '"lafter c...i l l ed "Di strict 11
,
WITNESSE-rH
WHEREAS , both parties he r eto have bee n granted auth o ri ty , by
reason c,f the prov i sions of Colorado Rev i sed St atutes , to cooperate
t (XJ e ther in the conduct of a public recreation sys tem i n any manner
in \o.~ich they may ag ree ; and
WHEREAS , the City , by reason o f the p rov isions of llr ticle
Xll , sect i on 120 , of its Charter , has authority to cooper ate with
other public authoriti es to im plement its pu bl ic r ecrea t ion
program ; and
WHERE/IS , an indoor b'Winm '.ng pool for the use of stqdent
swi rnning instruct ion and for public use generally has been
constructed and is being operaced under a cooperative agreement
betwee., the parties dated June 27 , 1966 on a certai n portion of
realty owned by the District together with certa in other improve-
ment s t 1,0 re on , the legal description is attached hereto and , by
this reference , incorporated herein;
WHEREAS, due to usage , operation conditions, inflations , and
oth r var i able factors , it is necessary to amend the June 27 , 1966
ayreement for the period frcrn Septerrber 1 , 1983 to J a nuary 1 , 1985;
th e pa rties des ire the provisions herein to apply ;
NOn , 'Il-l EREFORE , in consideration of the mutual covena nts and
obl igat ions herein contained, i t i s mutur1lly covenanted aOO ag reed
as Collows:
1. Th:: indoor pool , building und c,.1l ~1r,,a f c1c ilit ie~ located
al. the Engl ->w-o ,id High School shal: he L'Ontrolled a nJ supervised by
the pa rti es hereto on a joint coopetJtive basis to prov i de swirnning
[,o c i lit i es for the stude nts of the Dislrict and to provide swinming
foci lities f o--,,,., public at l arge accor ding to the terms hereof.
2 . a . ·r· e Ci 1' Mana9er a1 1 the Svoeri.ntendent of tl1e
Di··:+.:r.ict shall , either personul l y \ r through the ir designee , fran
time to cime , agree upon the time or t imes when said pool, buildi ng
and faci lit ies shall be ava il ab l e for student use and the time or
t im,,,, when the sa,np shall be ava ilable for public use , prov i ded ,
~ver , the D1sl~ 1ct shall have th e prio r right to use of the same
, Englewood Public School purposes . The City shall have the
1 : ,or right to use t he same duri ng the days a nd hours when the
E11<Jlewood Publi c Schoo ls dre not using the pool for their purposes .
b . It is agreed that either party hereto may es tab lish
such program or fees for th-a use of the poo l during the period that
thc1t pa rty i s in control of the same .:is it may , fran time t o time ,
1e lermi ne arx:1 , in that event , neither party hereto sha 11 have any
r<:spons ibi l i ty or obligat i on to account to the other party the r e -
for . Ren t al of the pool on an hourly basis to thi rd part i e s s hall
be by mutua l agreement of the part i es here to , ho,,.,,ver , program fees
and public swinming fees shall not be considered r ental fees. The
[unds [rcrn re ntals to said pa r ties (not a f.ee program o f a pa r ty )
shall be sha red equally and used in offsettirq the operational
costs of the pool as defined i n paraqraph 4 .
c . At those times •.hen the City i s opera ti ng the pool ,
building and r elated facilities , the Di strict sha ll ma ke avai lable
Lo tha t port ion of the public using the same so much of the present
pa rking fac ilities pres,mtly upon the r ea lty descri bed above and so
much of any future parking faci li t i es as may te necessary for the
pa rki ng of motor vehicles of those persons using the poo l as y be
I
acconrnodated upon such facilities. •n,e District shall reserve five
(5) spaces for City use of the pool. It ,;hall be the responsibil-
ity of the City to police the use of such '1paces .
3. a . Each party hereto shall enploy , compensa t e and be
r esponsi ble for its supervisory person'lel, such as lifeguards ,
which shall be enployed and utilized during the times that the
party shall have the poo l, buildings a nd r e l ated facilities at its
disposal.
b . It i s a nticipated the Distri,-;t shall prov ide and pay
for suff icient qualif ied maintenance personne l to properly maintain
the f a cilities. School shall a lso provide maintena nce dur ing the
time that the Ci ty uses the pool.
c . Should the School not prov ide maintenance or sa id
mai ntena nce i s not sat i sfactory , Ci ty may J:Jr ov ide maintenance .
d. In any event, th e cost of pro ·lid ing main tena nce and
custod ,al personne l shall be shared by both the Dis tri c t and the
City , Fifty Pe r cent (50%) pa i d by each .
L a. Maintenance : City and Ui strict s hall each pay Fifty
Percent (50 %) of actual costs for wate r , electricity , natural gas,
s upplies a nd chenicals , custodi a l l a bor , ma intenance labor and
materia l s of electr ica l/mechan ical equipment , for the swimning pool
from Septembe r J., 198 3 . Billing s hall be made quarterly and shall
be in su ffici e nt. de tail to eva lua t e the correct r,ess of the billing.
With re spect to supplies , chen i cals and maintenance mate ria ls of
electrical/mechanical equipmen t , the sum of whi ch e xceeds $2 ,000
per iten , t'.ie City sha ll be fi rst notifi ed a nd the part ies 3hall
negot.~te i n good fait h for the joint pa ym e nt th r eo f.
b . Capit a l Items . The City s hal l not be r esponsi bl e for
discretiona ry non-essential cap i tal improva:nents , not required for
the sa f e operation of the swimn i ng pool. The Ci ty sha ll be
r sponsibl e for one -ha lf (l /2 ) of t he costs of capital e xpenditures
or repai rs necessary for the sa fe opera ti on of the s wimning {X)Ol.
Wi th respect t o s uch cap ita l expenditu r es and repa i rs , the sum of
which e xceeds $2 ,000 per itdtl , the City shall be notified a nd the
par ties s hall negotiate in gooo fa I th for the joint payment.
•. Duri ng l984 , the parties shall c omnen ce formal negot ia-
t i ons Ev e a r.e w cont ract to replace th~ June 27 , l966 contract.
Shou ld Lhe p,Ht ies not agrc.e to a new contruct , t hen the June 27 ,
1966 contract shall bind the par ties af t er Decembe r 3l , 19 84.
6 . Each o( t he part i es hereto agrees t o obtai n a nd to keep
i n for ce such hazard and liribi lity i nsurance in s uf fic i e nt amo unt
to adequa t e l y protect the po ol, buildi n.J and r elated faci lit ies , as
well as to prot ect the parties f r an the cla i ms o( a ny thi rd par ty ,
and to pay such premiums therefor as may , fran time t o time, be
agreed upon. In the absence of such agreement , the matter shall be
subnitted for fina l determination to the C<lllni ee created by
paragraph 7 hereof .
7 . Should any dispute arise between the parties or their
successors involving the interpretation , construction, or applica-
tion of this l\g<eement, or involving the r e l at ionship of the
pa rties hereto in the joint operation of the recreational facili-
ties hereby env isioned (whether specifically cove red by the terms
nd p rovi sions hereof or oot), it is agreed tha t any such dispute
sha ll !:,,a s ubnitted , for a fina l a nd binding dete rmina tion, to a
C<llln i ttee canposed of three manbers, one manber of which shall te
chosen by each of the parties , with the t h i ·d member being selected
by the two party-dlose n ment e rs. An ,i,,ci~ 1 u, 1 llp0n · 11y such
dispute shall be by majority vote and 1,'1a lJ have ,e Sill1'S! ef f ect as
an ar bitrat ion award unde r the l aws <'f the ic<tate o f Co l orado ,
e. 'nlis Ag reenent shall l ..,..1·e p,j , ·l be bind ing upon, any and
a l l s uccessors or assigns of th e ~ .1,,. ; -~~ :ie reto .
9. The t erm of this l\greeirmt sha ll e fr an Sep t ember L
1983 to Janua r y 1 , 1985 , At a ll other times the l\greenent 0 f J une
27 , 1966 shall be effective . Any t erms of said J une 1966 agreemen t
oot amended her e by shall remain in full force and ef feet.
WITNESS our hands a nd seals the day and yea r f irst a bove
wtitten.
Attest :
Secr.etary, Boa r d ot Educa tion
Atte st :
ex officio Ci ty Cler k-Treasurer
SCHOOL DISfR!CT NO . 1
A"APAHOE COUNTY, COLORT\00
By
President , Board of
F.duca t ion
CITY OF ENGLEl,00D , CO LORT\00
By-=----c--=-Euge ne L . Otis , Ma~
Section 2 . That the Ci t y Counci l of the Ci ty of Englewood hereby
author i zes the Mayor and ex officio City Cle rk-Treasure r to s i gn and
attest the same for a nd on behalf of tre City Co unc il of the City of
Englewood .
I
I
Introduced , read I n ful 1 , nd pasc.e on first reading on the
16 1 day of January , 1984.
Published as a Bill for >ul Ordinance on the 18th day of
Jam 1ry , 198 4.
Read by title and pae,s.,., on final r eading on the 6th day of
FC!bruary , 1984 .
Published by title as c.,,d_r,.nce No._.'.:_ __ , Series of 1984, on
the 8th day of February, 1984 .
/s / Eugene T Qtis Eugene L. Otis , Mayor
Attes t:
/s / Gary R. Higbee
ex off ic10 C1 ty Clerk-Treasurer
l , Gary R. Higbee , ex of L ,c.io City Clerk-Treasure r of the City
of Engle.ood , Colorado , here by certify that the abov e and fo r egoing
is a true , accura t e and CUTiplete copy of the Ordinance passed on
final r eadi ng and p.,blished by t itle as Ordinance No . 6 , Series
of 1984. --
/s/ Gary R. Higbee
Ga r y R. HT~-