34-74 Refreshement stands at Lakewood & Madison Parks

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ORDINANCE 'NO. 34-74 Magnotto, McBride, Sinagra, Usher AN EMERGENCY ORDINANCE authorizing and directing the Mayor, on behalf of the City of Lakewood, to enter into an agreement with the Lakewood Board of Education to provide for the joint operation of the refreshment stands lOcmted at Lakewood Park and Madison Park, BY: Messrs. Brockman, ChinnOck, Graber, WHEREAS, the City of Lakewood owns the refreshment stands located at Lakewood Park and Madison Park and, WHEREAS, the Lakewood Board of Education conducts a general're~reational program throughout the City of Lakewood including the said programs conducted at Lakewood Park and Madison Park, and WHEREAS, Sec. 755.16 Revised Code Qf Ohio gives authority to a municipal Corporation to operate and maintain recreational facilities jointly with a school district and, WHEREAS, it is deemed to be in the best interest of the City to enter into an agreement with the Board for the joint operation of such refreshment stands, and WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department and for the further reason that £f said agreeement is approved,'equipment and stock in trade should be purchased at the earliest possible time and without delay; now therefore, BE IT ORDAINED BY .THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That the Mayor be and he is hereby authorized and directed to enter into an agreement with the Lakewood Board of Education to provide for the joint operation of the refreshment stands located at Lakewood Park and Madison Park in the City of Lakewood, said agreement to read substantially as follows: AGREEMENT THIS AGREEMENT made and concluded at Lakewood, Ohio this day of , 1974, by and between the City of Lakewood, a municipal corporation, hereinafter referred to as"CITY" and Board of Education of' the City of Lakewood, hereinafter referred to as "BOARD~ WITNESSE~I THAT: WHEREAS, the CITY is the owner of certain refreshment stands located in Lakewood Park and Madison Park in the City of Lakewood, and ~EREAS, the BOARD conducts the general recreation program through- out the City of Lakewood and is properly equipped to operate and main- rain such refreshment stands for the City, and W]-tEREAS, Sec. 755.16 Revised Code of Ohio gives authority to a municipal corporation to operate and maintain recreational facilities jointly with a school district, and. ~{EREAS, it is deemed to be in the best interests of the CITY to' enter into an agreement with the BOARD for the joint operation of such refreshment stands. NOW, THEREFORE, for and in consideration of the mutual promises and agreements of the parties hereto as herein contained, and other valuable considerations, the receipt of which are hereby acknowledged by each party, the parties hereby agree as fOllows: 1. The BOARD shall have and hereby agrees to assume and continue the full and complete maintenance and operation of the refreshment stands located in MadiSon Park and in Lakewood Park in the City of Lakewood.