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HomeMy WebLinkAboutRES 80-28RESOLUTION NO.80-28 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,PINAL COUNTY,ARIZONA,AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE APACHE JUNCTION UNIFIED SCHOOLS BOARD OF EDUCATION;AND DECLARING AN EMERGENCY. WHEREAS,the City of Apache Junction,Arizona,will submit an appli- cation to the Arizona Outdoor Recreation Coordinating Commission (AORCC) for a fiscal year 1980-1981 Land and Water Conservation Fund Grant;and WHEREAS,said application i s i n the amount of $250,000 which i s fifty -percent (50%)of the funds needed to construct a swimming pool facility;and WHEREAS,the City Council believes i t would be i n the best interest of the City to enter into an agreement with the Apache Junction Unified Schools Board of Education to provide for joint funding of the construc- tion and annual maintenance and operating costs of the swimming pool facility;and WHEREAS,the City Council believes i t would be i n the best interest of the City to enter into an agreement with the Apache Junction Unified Schools Board of Education to provide for joint use of said facility by the City and said Board of Education;and WHEREAS,i t i s necessary for the preservation of the peace,health and safety of the City of Apache Junction,Arizona,that an emergency be declared to exist and the Resolution be effective immediately upon passage and adoption. NOW,THEREFORE,BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction,Arizona,that the City Manager be and hereby i s authorized to enter into an agreement with the Apache Junction Unified Schools Board of Education,and that the City Manager be and i s hereby authorized and directed to execute any and all documents which may be necessary to implement said agreement; FURTHER RESOLVED that the immediate operation of this Resolution i s necessary for the preservation of the public peace,health and safety of the City of Apache Junction,Arizona,and an emergency i s declared to exist, and this Resolution shall be i n full force and effect from and after its passage,adoption or approval by the City Council of the City of Apache Junction,Arizona. PASSED AND ADOPTED by the Mayor and City Council of the City of Apache Junction,Arizona,this 20th day of August ,19 go . ATTEST: /Y a t i a e a k 4CityClerk APPROVED AS TO FORM: City Attorne ( 4 1102e.;c ,r J / mayor r7=1". )1 ; \ INTERGOVERNMENTAL AGREEMENT !712A THIS AGREEMENT made an entered into this day of 19 ,by and between the City of Apache Junction,a municipal corporation, and hereinafter referred to as "City"and the Apache Junction Unified School Board of Education hereinafter referred to as "School". RECITALS: 1.Arizona Revised Statutues Section 15-1171 and 11-952 authorize the City and the School to enter into this Agreement,and auth- orize the City to expend public monies for the proposed con- struction work; 2.I t i s the desire of the parties hereto that the City design, construct and operate,on property owned by the School what i s known as Apache Junction High and Junior High School,a swim- ming pool facility and necessary attendant filcilities including bath houses,fencing and parking areas,hereinafter referred to as facilities,suitable to serve the School activities and City recreation needs,and described as: The recreational facilities that are proposed to be constructed. A portion of the NW14 of the NW1/4 of Section 32,Township 1 North, Range 8 East,Gila and Salt River Base and Meridian. NOW,THEREFORE,for and i n consideration of the mutual promises and agreements of the parties hereto contained i t i s agreed as follows: A.The City agrees: 1.To design,construct and inspect facilities on said property, i n accordance with plans and specifications approved by both parties,and to share expenses therefore and as hereinafter provided. 1. 2.To hold the School harmless of or from any claims made by any person against the School i n connection with the con- struction work of the contractor,its employees or agents, during the construction period until the project i s accepted by the City,and t o provide insurance therefore. 3.To pay or cause to be paid all valid claims for personal injury or property damage arising out of the operation of the facilities by the City during nonschool activities. 4.To operate the facilities on a year-round basis and make them available to the public and to the School as scheduled by the City i n cooperation with the School,and to share the expenses thereof and hereinafter provided. PAGE 2 INTERGOVERNMENTAL AGREEMENT The School shall have use of the pool between the hours of 8:00 A.M.and 5:00 P.M.daily,Monday through Friday,from the opening of the school year and until the close of the class sessions for the school year. (Exception:The School,i n order to host an interscholastic swim meet,shall have priority use of the pool at times other than mentioned above by prior agreement with the City.) The City shall have use of the pool at all other times and shall schedule appropriate times and hours the pool will be open to the public. 5.To provide one-half (i)the maintenance and upkeep of the facil- ities,including -supplies and cleaning,subsequent to completion of the facilities and to provide reimbursement to the School for utility bills received by the School according to an appropriate schedule to be agreed upon by the City and the School. 6.To provide an amount of money equal to one-half (1/2)'of the amount of a Federal Grant applied for and to be received by the City i n pay- ment for the expense of the design and construction of facilities described above and t o provide one-half (h)the balance of expenses incurred i n the design and construction of said facilities. B.The School agrees: 1.To allow the City to develop facilities on said property,subject to the approval of the School and the City. 2.To grant the City an easement to lay and maintain utility service lines,and to grant free ingress and egress from all property lines as required. 3.To provide one-half (11) of the maintenance and upkeep of the facilities,including supplies and cleaning,subsequent to com- pletion of the construction of the facilities. 4.To pay all utility charges i n connection with the construction and operation of said facilities,provided however,that nothing herein shall prevent the School from receiving reimbursement for such utility costs as provided for i n Paragraph A (5)above. 5.To provide an amount of money equal to one-half (1/2)of the amount of a Federal Grant applied for and incurred in the ex- pense of the design and the construction of the facilities, over and above the amount of money received from a Federal Grant as described i n Paragraph A (6)above. PAGE 3 INTERGOVERNMENTAL AGREEMENT 6.To pay or cause to be paid all valid claims for personal in- jury or property damage arising out of the operation of the facilities by the School during School activities .and to pro- vide insurance therefor. 7.To permit the City to install adequate signs on School property to locate the facility and indicating when the facilities are available to the general public. C.I t is agreed and understood that this Agreement is contingent upon receipt by the City of the Federal Grant described in Paragraph A (6)above. D.This Agreement shall be filed with the Pinal County Recorder,and shall become effective ten (10)days after i t has been filed,and shall remain in full force and effect for a period of twenty-five (25)years,unless modified by mutual agreement of the parties hereto,and shall be renewable in increments of twenty-five (25) years with the mutual consent of the parties hereto for the life of the facilities,or until they are otherwise disposed of. E.This Agreement shall not be cancelled without the approval of parties and the Arizona Outdoor Recreation Coordination Commission. APPROVED AS TO FORM: City Attorrigy Date School Attorney Date PAGE 5 INTERGOVERNMENTAL AGREEMENT SCHOOL:APACHE JUNCTION UNIFIED SCHOOLS BOARD OF EDUCATION ATTEST: Clerk STATE OF ARIZONA ) )S.S. County o f Pinal ) On this day o f By ,1979,before me,the under- signed Notary Public,personally appeared and who acknowledged themselves to be the President and Clerk of the Apache Junction Unified Schools Board of Education of Apache Junction Public Schools,duly organized and existing under and by virtue of the laws of the State of Arizona and that they,as such officials, being authorized to do so,executed the foregoing agreement for and on behalf o f the said Apache Junction Unified Schools Board of Education for the purpose and consideration therein expressed. IN WITNESS WHEREOF,I hereunto set my hand and official seal. NOTARY PUBLIC My Commission Expires: PAGE 4 INTERGOVERNMENTAL AGREEMENT IN WITNESS WHEREOF,the parties have caused these presence to be executed the day and the year first above written. CITY:CITY OF APACHE JUNCTION,a municipal corporation By ATTEST: City Clerk STATE OF ARIZONA ) :ss. County o f Pinal ) On this day of ,19 ,before me,the undersigned Notary Public,personally appeared and who acknowledged themselves to be the City Manager and City Clerk respectively,of the City o f Apache Junction,a municipal corp- oration,duly organized and existing under and by virtue of the laws of the State o f Arizona,and that they,as such officials,being authorized so t o do,executed the foregoing Agreement for and on behalf of the said municipal corporation,for the purpose and consideration therein expressed. IN WITNESS THEREOF,I hereunto set my hand and official seal. Notary Public My Commission Expires: