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Home My WebLink About1984 Ordinance No. 029ORDINAN:E oo._sl!l_ SERI ES OF 19 84 BY Alll'HOR ITY CXJUICIL BILL 00. 27. l I NTRODOCED BY cxxn,i: IL MEMBER BILO AN ORD!NIIICE AOOPl'ING TH E JOINT ROCREATION AGREEMENT BE'IWEEN THE CITY OF ENGLEJ,1000 , COLORAOO, AND S::HOOL DISTRICT 00. l , COONTY OF ARAPAHO E, COLORAOO , TO TAKE = JANUARY l, 1985. WHEREAS , the City of Englewood and School District 00. l have previously entered into an agreenent dated Februar y 6 , 1984 concerning use and operation of the indoor swinrning pool on Englel,,O()(J School Dis•.rict property ; and WHEREAS , due to usage , ope ration rondi tions , inflation, and other variable factors, it is nrcessary t o anend the February 6 , 1984 ag reenent ; NOW, THEREFORE, BF IT ORDAINED BY THE CITY CXXJNCIL OF THE CI TY CF El~LEJ,1000 , COLORAOO , AS FOLl:mS : section 1. City Council hereby adopts the Joint llecreation Agreement bet"""'n the City of Eng lel,,O()(J , Colorado , and Schoo l District No . l, County of Arapahoe , Colorado , which agreenent is as follows: JOI NT ROCREATJON AGREEM El.'T THIS AGREEl"lEl.'1', entered into and to becane effPr the 1st day of J an uary , 19 85 , by and bet"""'n the CITY OF ENGI ~, a municipa l corporati on o rgani zed and existing pursuan L to the prov is ions of Article XX of the Oms ti tut ion of the State of Colorado, herei nafter called "Ci ty ," and s:::HOOL DISTRICT NO. l , CXXJNTY OF ARAPAHOE , COLORAOO, a quasi-municipal corporation , hereinafter called "Oistr ict , 11 WITNESSETH WHE REAS , both parties hereto have been granted author ity, by reason o f the provi siu:-is of Colorado Re·.,ised Statutes , to cooperate together i r, the conduct of a pub! ic r ecrea tion system i n any manne r in which t hey rr 3y agree ; and WHEREAS , the City , by m a son of the provis i ons of /u:ticle XII , SE:ction 120 , o f its Cnar t er , h.3s autho rity co coope rate with other publi c authorities to implerr,ent its public r ec r ea tion program ; and I WHEREAS , an indoor swimning pool for the use of student swimning ins t ruction and for p,lbl ic use generally has been constructed and is bei ng controlled and supervise:l under a cooperative agreanent between the parties da ted June 27 , 1966 on a certain portion of r ealty owned by the District together with certain othe r improvanents thereon, the legal de s cri ption is attached hereto and , by this r eference , incorporated herei n ; and WHEREAS , due to usage , oper ation conditions, inflation, and other variable factors , 1t is necess ·ry to anend the February 6, 1984 agreanent. '!lie parties desire the provisions herein to apply ; 00W , WEREFORE, in c,onsideration of the mutual covenants and obl igations he r ein contained, it i s mutually covenanted and agreed that the following provisions shall supersede in all r espects and terminate the Joint ~r ea ti on /lgreenent of June 27, 1966 . 1. '11,e indoor pool , building , and related faci li ties located at the Engle.oocl High School shall be owned and supervised by the Engl e.oocl School District t o prov ide swimning facilities for the stud ents of the District. 'Itle Di strict shall provide for City use of these swirrming facilities for the p,lblic at large according tc, the terms hereof . 2. a . 'Itle District sha ll ha ve the fir st prior right to use of the sam e for Engle.oocl Public School purposes . b . Th e Distri ct shall ha ve the second pr ior r ight to r e nt these swimning facilities during the days and ho urs when the Englewood Public Schoo l s ar e not using the pool for their purposes . c. 'Itle City sha ll have , as a th i rd priority user , the use of said pool , building and facilit i es for its purposes . It is agreed tha t once a City use has been scheduled, said use shall not be preenpted for any othe r use unles s agreed upon by both parties . d. 'Itle Ci ty shall canpensate the District fo r the City use of said pool al an hourly r ate de termined by div id ing the cost of pool operations for the prev ious calendar year (not i ncluding capita! lll\provanents) by the nunber of hours per year that the poo l is used generally (16 hours per day times 36 0 days per yea r , o= a total of 5,760 hour s per ye a r). e . Billing shall b2 made quarterly and shall l:e in sufficient deta il to eval uate the correctness of the bi lling . (. I t is a-,r ec--d that for school programs and for City programs each party may establish and collect program fees without hav il,g the respons ibili ty to acr.oun t to the other party. Fees established and collected fran other than City and District shall be considered as r enta l inc ane . g . At t imes ,he n the City is using .he pool and r elated facilit i es , the pub lic may have use of present parking fac i lities north of th.e S.irnning Pool building. 'J11e Di s t r i ct shall r e serve five s paces for City public use of the pool. I t will be the re s po nsibility of the City to pol ice the use of such s pac"s . 3 . a . Each party hereto sha ll employ, canpensate and be re:;:.pons1bl e for i ts super v iso ry personnel , suc h as lifegua rds , which sha ll be dllployed and utilized during th" times tha t the party shal~ have the pool , bui l dings an:'! r elat <.d facilities at its d i sposa l. b . It i s aot i cipated the District sha ll provide and pay for suff icient qu alified maintenance personnel t o properly maintain the facilities throUJhout the year . Ho,..,ver, the Ci ty , with District 's a!)pr oval and during the time of City ' s use of pool , may prov i de a ll or part of the po ol ma intenance d ue to problem o f District pr ovidi ng s atisfact ory maintenance during schoo l vaca- tions , weekends and holidays. Any costs i ncurred by the City for maintenance will be deducted fran the hourly r ate in paragraph 2 . 4 . 'J11 e City and the School Distr i c +: each ag r ee t o mai nta i n separate policies of canprehensive public .iabili t y ins urance that cover and apply t o the pran ises in the a 11oun t of no t l ess than $300 ,00 0 per in jury or cleatr. t.o any on e person in an y one accident or occ urrence , or in an ill\Ount not l ess than $500 ,000 for i n jury or '.J eath of mor e than one pe r son in any one acc ident or occ urrenc e . Such limi t s are as to each separ a t e ('Olic y , and such insurance and each such pol i=y s ha ll :X, for and in favo r of the C1 ty and the School Di s t r ict and shall furthP.r insure the parties aga inst liability for property damag e of not l ess than $50 ,0CO fo r eac h separate policy. Each said policy s ha ll be pr imary !X)licies , not contr icut ing wi t h the coverage that the othe r party ma y ca rr y . 5 . Sho uld any dis;x1te a rise between the parties or t heir s uccessors in\'o lving the interpretation , or application of this Agreenent , or invol\ing the relationship of the par ties hereto in the use o f th t rec reat ior:al f acil itie s hereby envis ioned (!Jiet.he r s pecif ically ,_0verec by the terms and pr o\'isi ons he reo f or not), it i s agreed t i,a t e.oy such dispu te sha ll be s ubnitted for a final and bind ing det e rminat i o~ t u the jo.,n t Cit y-School Cmm itt ee . I 6 . '!':us 11greanent shall extend and be b inding upon any and all successors or assigns of the parties hereto. IN WITNESS WHEREOF, the parties have hereto set their hlonds and sea ls as of the day and year firs t a bove wri'.:ten. l\lt est: Gary R. Hi gbee, e x off1 c10 C1 ty Clerk-Treasurer l\ttest: Secretary Boa rd of alucation CITY CF m:;uwooo , COLORl\00 By _________ _ Eugene L. Otis, Mayor s:::HOOL OlsrRJ CT 00. 1 l\Rl\Pl\HOE COONTY , COLORl\00 ay _________ _ President Board of alucat ion Sec tion 2. City Council au thorizes the Ma yor to sign and City Cler k to attest sa id I><J reanent on behalf of the City Counci l and the City of Eng le.ood . Jntroduced , r e ad in full, and passed on first r ead ing on the 6th d ;,y of I\Ug USt , 1984 . Publ ished as a Bill for an Ordinanc~ on the 8th d ay of l\ugust , '.98 4 . Read by title and pa s sed on f ina l reading on the 20th day of l\ugUSt , 1984. Published by title as Ordinanc e ~.,t!J_, Ser ies of 1984 , on the 22nd d ay o f l\ugUSt , 1984 . l\ttest : I, c.ary R. Hig bee , ex officio City Clerk-Treasurer of the City o[ o,gle..oocl, color<>do , hereby certify that the abovl! a.id foregoing is a true, accurate and canplete copy of the Ordinance ~sed on final reading and published by title as Ordinance NO-qq.-, series of 1984. I