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Home My WebLink About41-95 RESOLUTIONa • RESOLUTION NO. 41-95 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY AND THE FAYETTEVILLE SCHOOL DISTRICT NO. 1 TO JOINTLY CONSTRUCT A SCHOOL GYMNASIUM/NEIGHBORHOOD COMMUNITY CENTER AND APPROVAL OF A BUDGET ADJUSTMENT IN THE AMOUNT $100,000.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized to execute the Interlocal Cooperation Agreement between the City and the Fayetteville School District No. 1 to jointly construct a school gymnasium/neighborhood community center. A copy of the agreement is attached hereto marked Exhibit "A" and made a part hereof. Section 2. The City Council hereby approves a budget adjustment in the amount of $100,000.00 increasing Building Costs, Acct. No. 1010 6600 5804 00 by decreasing Use of Fund Balance, Acct. No. 1010 0001 4999 99. A copy of the budget adjustment is attached hereto and made a part hereof. PASSED AND APPROVED this 7th day of March 1995. APPROVED: By: Traci Paul, City Clerk 4a/A47 red Hanna, Mayor EXHIBIT A INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND FAYETTEVILLE SCHOOL DISTRICT NO. I 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 seg. (Repl. 1992) and known as the "Interlocal Cooperation Act", on the 7,1,4 day of Marc A , 1995. 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, IN CONSIDERATION 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: Property Description 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. 2 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. 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. 3 4 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. 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. 4 k. 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. 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. CITY OF FAYETTEVILLE, ARKANSAS By: ATTEST: • 4.12 -CA Traci Paul, City Clerk FAYETTEVILLE SCHOOL ISTRTCT NO. 1 By: David Wilso Secretary enig, City. of Fayetteville, Arkansas Budget -Adjustment Form Budget Year 1995 Department: Division: Program: General Government Miscellanous Miscellanous Date Requested February 22, 1995 Adjustment # Project or Item Requested: $100,000 in funding is requested for the construction and equipping of a Gymnasium / Neighborhood Community Center located at Crossover Elementary School. Project or Item Deleted: None. Justification of this Increase: The City desires to construct and equip a •Gymnasium/Community Center and may be done in conjunction with other projects or programs. Justification of this Decrease: Funding proposed for this request is from additional 1994 General Fund Revenue which is in excess of budget projections. Account Name Building Costs Account Name Use of Fund Balance Increase Amount 100,000 Account Number Project Number 1010 6600 5804 00 Decrease ( Increase Revenue) Amount 100,-000 Account Number Project Number 1010 0001 4999 99 ApproVal Signatures Re uested By udget C ordinator Departm nt Director 54 Admin. Se Mayor aol-ctS Budget Office Use Only Type: A B C D Date of Approval Posted to General Ledger Entered in Category Log Midget Office Copy