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<br />.~ <br />CITY OF NORTH OI~TED <br />ORDINANCE N4. D - ~ <br />BY : i~~7re/. <br />ORDINANCE APPRCVIEG A LEASE A AND DESD <br />WTTH R'Eg1~CT TO ~ Mt1AICIPAL SW"r Pt3C?L FILITY <br />AND TZTEG AND DDCTINQ TEE 1~ttAYtN< TO <br />SUCK LEASE AG AND . S ON BE'ttAl~' ~F THE <br />CITY, AND DECLARING Alt EM~ENCY. <br />i~xEAS, this Council finds and determines that for some time there has <br />bean and there continues to be an urgent necessity for providing iu this City <br />additional recreational. facilities ixi the form of an outdoor swfae~ng pool <br />facility but that applicable constitutional tax rate limitaticna when con- <br />sidered with existing indebtedness of the City are such that the City cannot <br />issue bonds i.n an amount sufficient to provide funds for the construction by <br />the City of such an outdoor swim~aai.ng pool facility; and <br />Wf~F~S, Community Recreation Company, division of The 87.are Construction <br />Company (hereinafter referred to as Community Recreation Ccapany), an Cihio <br />corporation for profit which has specialized skiLt and experience 3.n the <br />construction and management of public sw3.mai.ng facilities, has pree~ted to <br />the City a proposal for the construction and developo~ent by Comity Recrea- <br />tion Company on property to be conveyed by the City to C ty $ecreation <br />Company of a municipal. swimming pool facility to consist of a swiar3a~g and <br />diving pool, a wading pool, bathhouse, filtration, chlorinators, itsg and <br />heating equipment, chain link fence and gates, and usual apptnrtc+ss and <br />the leasing of such facility including the real estate on which it is to be <br />constructed and developed to the City for a period of ten years c inB <br />when Community Recreation Company has completed the facility earl with pro- <br />vision for the City to acquire complete ownership and title to the facl.].ity <br />and real estate upon the expiration of such lease; and <br />SEAS, this Council finds and determines that the acceptes~ae of such <br />proposal is in the best interests of the City, its inhabitants awl the public <br />welfare and will.acco~li.sh a necessary municipal purpose by providing for the <br />City and its in~fabitants a coaaplete municipal swim~n3.ng pool Facility through <br />the utilization of a lease agreement and without the necessity of the City <br />incurring debt'to provide funds for the construction by the City of such <br />facility; and <br />WiIEREAS, this Council further finds and determines tlamt the City acting <br />under the powers greeted to it by Section 3 of Article X`RII of the tJhio <br />Constitution, by Article II of the Charter of the City, and by Section 13 of <br />Article IV of such Charter is empowered and authorized to eater into the pro- <br />posed lease agreement and to convey such real estate to Carranity Regceation <br />Company under the terms, conditions and provisions and rights reserved to the <br />City, all as set forth in the proposed lease agreement and deed; <br />NOW, ARE, BE TT ORDAINED by the Council of the City of North Olmsted, <br />Cuyahoga County, Ohio: <br />Section 1. That the lease agreement and the deed attached to this ord- <br />nance as Exhibit A atad Exhibit B, respectively, and by reference thereto made <br />a part hereof, be and the same are hereby approved and the f3~ndings and deter- <br />minations of this Council as set forth in the preambles to this ordinance are <br />adopted as a part hereof. <br />Section 2. Z9iat the Mayor of this City is hereby authorised and directed <br />on behalf of the Cult to enter into and execute the aforesaid lease agreement, <br />to execute the aforesaid deed, and to deliver such executed lease agreement and <br />deed to Community Recreation Company. <br />