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Home My WebLink About74-94 RESOLUTION• • RESOLUTION NO. 74-99 1 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THI: INTLRLOCAL COOPERATION AGREEMENT BETWEEN THE CITY AND THE FAYETI'EVILLE SCHOOL DISTRICT NO. 1 TO JOINTLY CONSTRUCT A SCHOOL GYMNASIUM/NEIGHBORHOOD COMMUNITY CENTER. BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I. That the Mayor and City Clerk are hereby authorized to execute the Interlocal Cooperation Agreement between the ('ity and the Fayetteville School District No. 1 to jointly construct a school gymnaciuminetghhorhood community center. A copy of the agreement is attached hereto marked Exhibit 'A' and made a part hereof. PASSED AND APPROVED this J111_ day of July . 1994. AT'T'EST: By: `f, Sherry L.hhomas. City Clerk APPROVED: Fred Hanna, Mayor RESOLUTION AUTHORIZING THE EXECUTION OF INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND IAYETTEVILLE SCHOOL DISTRICT N0, 1 WHEREAS, Fayetteville School District No. 1 and the City of Fayetteville have explored the possibility of entering into a cooperative agreement for the construction of a school gymnasium/ neighborhood community center on property owned by Fayetteville School District No. 1; and, WHEREAS, Fayetteville School District No. 1 and the City of Fayetteville are of the belief that to cooperatively construct and operate a school gymnasium/neighborhood community center will best serve the needs of the youth of the District and the City and will be in the best interests of the patrons and taxpayers of the District and THE City; and, WHEREAS, Fayetteville School District No. 1 and the City of Fayetteville wish to enter into an Interlocal Cooperation Agreement in order to maximize and utilize available funds as well as OTHER resources to construct a school gymnasium/neighborhood community center. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF EDUCATION OF FAYETTEVILLE SCHOOL DISTRICT NO. 1: The President and Secretary of the Fayetteville Board of Education are hereby authorized and directed to execute the Interlocal Cooperation Agreement between the City of Fayetteville, Arkansas and Fayetteville School District No. 1, a copy of which is attached hereto and made a part hereof. ADOPTED this 14th day of June, 1994. c, /Ji • •- _• David Se¢retar Wilson, y dal\wrd\re\fsdcity.rn INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND FAYETTEVILLE SCHOOL DISTRICT NO. 1 This AGREEMENT is made between the City of Fayetteville, Arkansas (City), a political subdivision of the State of Arkansas, and Fayetteville School District No. 1 (School District), a public agency as defined in A.C.A.§25-20-103, under the authority of Act 430 of 1967, codified at A.C.A.§25-20-102 et seq. (Repl. 1992) and known as the "Interlocal Cooperation Act", on the 5th day of July, 1994. WITNESSETH: WHEREAS, representatives of the City and the School District have met together to explore the possibility of a Joint venture for the construction of a school gymnasium/neighborhood community center; and, WHEREAS, representatives of the City and the School District have recommended that a school gymnasium/neighborhood community center which will be constructed, owned and operated Jointly by the City and the School District will best serve the needs of the youth of Fayetteville. NOW, THEREFORE, INCONSIDERATION OF THE MUTUAL PROMISES of the parties contained herein and other good and valuable consideration the parties agree as follows: • • ARTICLE I CREATION OF JOINT BOARD TO CONSTRUCT AND MANAGE THE SCHOOL GYMNASIUM/NEIGHBORHOOD COMMUNITY CENTER. • There shall be created a Joint Board consisting of one member each of the governing body of the City and School District whose purpose shall be the responsibility for administering the joint undertaking of the construction, management, operation and maintenance of a school gymnasium/neighborhood community center. The Joint Board may appoint an administrator or administrators to act as their agent. ARTICLE II CONSTRUCTION OF SCHOOL GYMNASIUM/NEIGHBORHOOD COMMUNITY CENTER. The school gymnasium/neighborhood community center constructed pursuant to this AGREEMENT shall be built on land owned by the School District. The location is as follows: Crystal Springs Subdivision. The school gymnasium/neighborhood community center shall be constructed in accordance with the design, plans, and specifications approved by the Joint Board, with the Joint Board acting as general contractor and supervisor for the project. The parties shall seek to explore any and all possible contributions of labor and materials to the project in an effort to minimize project costs and increase the quality of the project to the community. Any contract necessary to be entered into to carry out this project shall be approved by the City Council and School Board upon recommendation of the Joint Board. 2 • • • • ARTICLE III FINANCING AGREEMENT The City will contribute $100,000.00 for the school gymnasium/neighborhood community center. The School District will contribute $200,000 for the school gymnasium/neighborhood community center. Either party may contribute additional sums during the term of this agreement for any additions to the project approved by the Joint Board. There shall be no obligation on the part of either the City Council or the School Board to provide additional funds in the event the sums contributed are inadequate to fund either construction or operation of the school gymnasium/neighborhood community center. ARTICLE IV USE AND MAINTENANCE OF FACILITY. Normal maintenance of the facility will be the joint responsibility of the City and the School Board in a cooperative manner approved by the Joint Board. The Joint Board shall provide for the orderly use of the facility with the School District having priority use of the facility during normal school hours and events, the City next having priority for scheduling of planned events, and with neighborhood organizations encouraged to participate in the scheduling and utilization of the facility. 3 • • ARTICLE V DURATION. The duration of this AGREEMENT shall be twenty-five (25) years. At that time, the School District may purchase the City's proportionate interest in the school gymnasium/neighborhood community center building less improvements made to said building from funding sources other than the City and less depreciation, if any. Should the School District elect not to purchase the aforementioned proportioned interest of the City the parties may extend the duration of this agreement. ARTICLE VI DISSOLUTION. In the event of termination of this AGREEMENT for any reason, prior to the duration of this agreement the School District may purchase the City's interest in this agreement in the manner set forth in Article V. Duration above and the City shall thereupon convey all of its rights, title, and interest in the real estate, if any, and improvements which are the subject of this agreement. Should the School District elect not to purchase such interest of the City, the net assets shall be sold and distributed proportionately to the City and School District or their respective assigns consistent with proportionate interests set forth in Article V. Duration above. 4 • • • • • ARTICLE VII AMENDMENT. This AGREEMENT may be amended by the approving vote of the City Council and School Board. ARTICLE VIII BINDING AGREEMENT. This AGREEMENT shall be binding upon the parties hereto, their successors, and assigns. ATTES erry L. homes, City Clerk ATTEST: • David Wilson, Secretary CITY OF FAYETTEVILLE, ARKANSAS By: f j d dAec- Fred Hanna, Mayor FAYETTEVILLE SCHOOL DISTRICT NO. 1 By. 5