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Home My WebLink AboutCityMgrForm.1302.03-01-1978 , ' � • y � r CITY MANAGER FORM ORDINANCE NO. /�O 7i AN ORDINANCE APPROVING THE FORM OF A SWIMMING POOL OPERATIONS AGREEMENT, BETWEEN CAPE GIRARDEAU SCHOOL DISTRICT N0. 63 AND THE CITY OF CAPE GIRARDEAU, MI5SOURI, AUTHORIZING THE MAYOR TO EXECUTE WHEREAS , a swimming pool is being constructed in the City of Cape Girardeau, Missouri, which will be used for school and municipal purposes; and WHEREAS , Cape Girardeau School District No. 63 and the City of Cape Girardeau, Missouri, desire to enter into an operations agreement for use of said swimming pool facility; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : SECTION l. The "Swimming Pool Operations Agreement" , copy attached hereto marked Exhibit "A" , between Cape Girardeau School District No. 63 and the City of Cape Girardeau, Missouri, is approved as to form. SECTION 2. The Mayor of the City of Cape Girardeau, Missouri, is hereby authorized and directed to execute said "Swimming Pool Operations Agreement" , for and on behalf of the City of Cape Girardeau, Missouri. SECTION 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS I 5� DAY OF / ��Y�-�I , 1977. ✓��'v—�c.c—� � ✓� MAYOR ATTEST: � + SWID�IluQNG POOL OPERATIONS AGREIlVIENT Agreement ma.de this 25th day of October, 1977, between the Cape Girardesu School District No. 63, Cape Girardeau, .Missouri, hereinafter referred to as "School District", and the City of Cape Girardeau, Missouri, a municipal corporation, hereinafter referred to as "City". - 1. DEFINITIONS. A. "The first official day of school" as used herein, shall mean the first day of classes as prescribed by the Sehool District, but shall not be a date earlier than the third (3rd) Mr�nday in August of ar�y year. B. "The last official day of school" as used herein, shall mean the last official day of classes as prescribed by the School District, but shall not be later than the . third (3rd) Monday in June of ar�y year. • C. "Facility" as used herein shall mean the swimming pool, � the swimming pool cover and related facilities. i�, �I 2. TERM. �� i i � The term of this agreement shall be fifty (50) years, commenci�g on the date of the start of construction of the swimming pool and terminating fifty (50) years thereafter. 3. APPORTIOMu�NT OF USE. The School District and the City agree that there shall be a common use of the facility constructed, sub,ject to the following schedule: A. From and after the first official day of school through and including the last, official day of school each year, the School District will have sole use of the facility between the hours of $:00 o'clock A.M. until 5:00 o'clock P.M. each day, Mpnday through and including Friday of , � -2- B. From and after the last official day of school through the day before the first official day of school in each year, the City shall have the sole use of the facility. C. Either the City or the School District may utilize the time appo�tioned for the other party provided that the other party consents thereto. D. The City Manager or his designee for the City and the School Superintendent or his designee for the School District shall have authority to give said consent. l�. OPERATIONAL AI�IUtINISTRATION. A. The operational administration of the facility shall be vested in the City, acting by and through its City Manager or his designee, from and after the last official day of school until, but not including the first official day of • school in any year, with operational costs prorated to the School District for ar�y amount of time the School District uses the facility during this season. B. The operational administration of the facility shall be vested in the School District, acting by and through its Superintendent or his designee from and after the first official day of school, through and including the last official day of school in each year, with operational costs prorated to the City for an`y amount of time the City uses the facility during this season. C. Each party to this agreement agrees to pay at least forty per cent (40q) of the operational costs during the school year. 5. POOL MANAGER. , J -3- A. Properly maintaining the facility in a safe and sanitary condition, as required by the Missouri Division of Health, the City Department of Health, and a�y agency having health or sanitary control over this funetion. B. Testing residual chlorine and/or fluorine residue; adding a chemicals as required, and backwash filters as necessary. C. Maintaining such daily records as required by the health agencies enumerated in (A. ) above. D. Cleaning and maintaining daily the facility including the pool, deck areas, locker rooms, filter system and related areas. • E. Requisitioning from the City Superintendent of Parks in the manner prescribed by the City, pool supplies, equipment and repairs. F. Performing all other related duties as prescribed by the City Manager, the School Superintendent or their des�gnees. 6. LIFEGUARDS AND SWIMMING INSTRUCTORS. I Each party to this agreement agrees to provide such necessary � , I lifeguards, swimming instructors or other qualified persons, in accordance with the regulations of the City and State, to proteet the lives of persons utilizing the facility during all hours that the facility is sub,ject to its operational administration. Each party shall provide such lifeguards or other lifesaving personnel at their own cost. 7. UTILITY BILLS. The City and the School District hereby agree that the City will be billed by the utility company for providing electricity, water and heat to the facility, and that the City will forward to the School Mstrict the prorated portion of the utility bill which will be paid by the � � -� r• � __ _1. ___ _ -___1L7�� L�� . � + , • i • � i _�_ I • � other related facilities will be computed by the City Collector. An hourly expense cost will be determined on the basis of the total number of operational hours between September lst of a year and August 31st of the following year. The City Collector will then invoice the School District for its prorated share of expenses based on the number of hours . scheduled for the School District after an audit of the records by the City. All records also may be auditied by the School District upon request. . 9. SWIl�M�NG POOL COVER. It shall be the responsibility of the School District to install the swimming pool cover at the beginning of its school year and to � remove the cover at the close of the school year. The costs for repairs � � a'�r of the swimming pool cover voill be shared by the School District and the City. The cover will be removed before the end of each school year so that public use of the pool can begin as described herein. 10. FEES. Both the City and the School District each have the right and privilege to prescribe uniform charges and fees for the use of the facility during their respective use periods. Said charges and fees � shall apply to all persons of the same classification equally and without unreasonable discrimination. The fees or charges of one of the parties to this agreement are not required to be the same as those of the other party. However, the fees of one party should apply equally to all persons of the same classification utilizing the facility during that party's schedule use. It is further agreed that either party may ad,juat its fees and charges at ar�y time without the cansent of the other party. It is also agreed that neither�party, nor any person under the authority .,P e;+1,o�. r,�,++,r mil l rli�nr�m�na+.ea �n t.hc 17CP n4� f.hf+ fari l itv APA'It1f?t -5- IN WITNESS WF�R.EOF, the parties hsve hereunto affixed their signatures the day and year first above written. CAPE GIRARDEAU SCHOOL DISTRICT NO 6 . , � B3' . s en ATTEST: �� Secretary CITY OF CAPE GIRI�DEAU, MISSOUR.I By i or i l! � ' ATTEST: � � City Clerk