50-04 Lease Agreement w/ Board of Ed - Pools

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ORDINANCE NO 50-04 By.I-Corrigan, Demro, Dever, Dunn, Fi~Gerald~ Madigan, Seelie. AN EMERGENCY ORDINANCE authorizing the Mayor to enter into a Lease Agreement with the Lakewood Board of Education for the outdoor pools and specifically approving said agreement WItBREAS, the Council approved that certain Pool Agreement made and concluded at Lakewood, Otfio, the 16th day of ApriI, 2001, by and between the City ofLakewood, a municipal corporation hereinatler referred to as "City" and the Board of Education of the City of Lakewood hereinafter referred to as "Board" by adopting Resolution No. 7542-01, passed April 16, 2001; and WHEREAS ti~e City and the Board have worked cooperatively together to maximize the recreational and educational opportunities for the citizens and tmxpayers of the City of Lakewood, primarily through the Lakewood City Schools' Community Education and Recreation Department; and WHEREAS the City and the Board have effected savings for the Lakewood tn-xpayers by coordmatmg the Board's programs and staffs for aquatic recreation/edunatron year-round for the pool at Lakewood High School with the City's surrmaer outdoor pools, Foster Pool at Lakewood Park and Madison Pool at Madison Park; and WHEREAS the City was obligated to provide the insurance for the outdoor pools under the Pool Agreement, and, because of changes in the insurance industry and its reqdirements, the City is no longer able to obtain economically such insurance, in part, because it has delegated some operation of the outdoor pools to the Board; and WlIEREAS the Board is able to obtain the necessary insurmace so long as it has an authorized leasehold interest in the outdoor pools, as would be provided in the proposed Lease Agreement; and WHEREAS, the City remains the Owner of the pools located in Lakewood Park and Madison Park; and WIIEREAS, the Board still conducts the general recreation program fl~roughunt the City of Lakewood and remains properly equipped to operate and maintain the pools for the City; and WHEREAS, Section 755 16 of the Ohio Revised Code gives authority to a municipal corporation to operate and maintahi recreational facilities jointly with a school district and Section 2744.01 et seq. of the Ohio Revised Code specifically establishes sovereign immunity for the City and the Board for tort claims arising from operation of public swimming pools, wading pools, water slides, or other aquatic facilities; and WHEREAS, the rent of One Dollar ($1.00) per armmn and a renewable one year term will accomplish the joint objectives of the City and the Board and meet the requirements' for necessary insurance, with the allocation of the cost of such insurance remaining with the City as provided under the Pool Agreement; and WHEREAS, it is deemed to be in the best interest of the City and Board to enter into the proposed Lease Agreement for the contiuning joint operation of such outdoor pools; and WHEREAS, this Council by a vote of at least five (5) members elected thereto determines that this Ordinance is an emergency measure, and that this Ordinance shall take effect at the earliest date possible as set forth in ARTICLE III, SECTION 10 and I3 of the SECOND AMENDED CHARTER OF THE CITY OF LAKEWOOD, and that immediate action is necessary for the immediate preservation of the public peace, property, health, safety and welfare in the City of Lake~vood and for the usual daily operation of the City of Lakewood for the timely execution of the Development Agreement with the Lakewood City School District. NOW, THEREFORE, BE IT ORDAI]x,rED BY THE CITY OF LAKEWOOD, STATE OF OHIO' Section 1 Tlie Mayor is hereby authorized to enter into a Lease Agreement with the Lakewood Board of Education for the operation of the outdoor pools, a copy of ~vlfich is attached hereto as Exhibit A