42-87 Agreement w/ BoEd to pay injury claims from Rec Dept

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Placed on First Reading on April 20, 19~ Placed on Second Reading on May 4, 1987 ORDINANCE NO. 42-87 BY: Brown, Chinnock, Gallagher, Graham, McBride, Salmon, Wendling AN EMERGENCY ORDINANCE authorizing the Mayor for and on behalf of the City of Lakewood to enter into an agreement with the Board of Education of' the Lakewood City School District providing for the sharing of expenses relating to the administration, defense and payment of claims made for injuries or damages arising out of the operation of the recreational programs administered by the Board of Education through its Adult Education and Recreation Department. WHEREAS, the Board of Education through its Adult Education and Recreation Department conducts and administers various recreational programs throughout the City on recreation facilities separately owned by the Board and the City, and in the Cuyahoga County Metroparks system, and WHEREAS, the Board's insurance carrier has declined to renew the portion of the Board's comprehensive liability insurance policy which insured the Board, its agents and employees against damage or loss arising out of said recreational programs under prior agreements with the City and otherwise, and WHEREAS, this Council determines that it promotes the health and welfare of the citizens of the City to continue the operation of the recreational programs and recreational facilities and that it is in the best interest of the City to enter into a comprehensive agreement providing for the sharing of expenses relating to the administration, defense and payment of any claims arising out of the maintenance of such activities, and WHEREAS, pursuant to Ohio Revised Code Section 755.16 the City and the Board of Education may equip, operate and maintain recreational programs and recreational facilities and may appropriate money therefore, and WHEREAS, pursuant to Ohio Revised Code Section 2744.08(A) (2) (b), the City and the Board may mutually agree their self-insurance program will jointly administered in the manner as set forth in the Agreement attached to the within ordinance, and WHEREAS, this ordinance constitutes an emergency measure providing for the immediate preservation of the public health, safety and welfare and for the usual daily operation of a municipal department; now, therefore, OF OHIO: BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE Section 1. That the Mayor be and he is hereby authorized and directed to enter into an Agreement with the Board of Education of the Lakewood City School District providing for the sharing of expenses relating to the administration, defense and payment of any claims made for injuries or damages arising out of the operation of the recreational programs conducted by the Board of Education through its Adult Education and Recreation Department, said Agreement to be substantially in the form of Exhibit "A" attached hereto and made a part hereof as if fully rewritten herein. Section 2. It is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were adopted in an open meeting of this Council, and that all such deliberations of this Council and of any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements.