HomeMy WebLinkAbout14. DUSD Swimming Pool Agreement
AGENDA MEMO
DATE:
July 12, 2011
TO:
Mayor and Members of the City Council
FROM:
Office of the City Manager
By: Thad Phillips, Community Services Director
SUBJECT:ORDINANCE APPROVING AN AGREEMENT FOR USE OF THE
DOWNEY HIGH SCHOOL SWIMMING POOL BETWEEN THE CITY OF
DOWNEY AND THE DOWNEY UNIFIED SCHOOL DISTRICT
RECOMMENDATION
That the City Council adopt:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING
AN AGREEMENTFOR USE OF THE DOWNEY HIGH SCHOOL SWIMMING POOL
BETWEEN THE CITY OF DOWNEY AND THE DOWNEY UNIFIED SCHOOL
DISTRICT FOR A PERIOD OF TWENTY-FIVE (25) YEARS.
DISCUSSION
In June of 1986 the City and Downey Unified School District entered into an agreement
to install a swimming pool and related facilities including lighting and fencing at Downey
High School. Since 1987, the City of Downey and the Downey Unified School District
have worked cooperatively and have proportionally shared the use and cost of
operating the pool and related facilities. This agreement would continue the exclusive
use by the City of Downey of the pool and related facilities during the week of spring
break based on the District’s calendar and on the first day following the last day of
school in June through the last day prior to the first day of school in September.
The agreement calls for shared costs of seventy-five percent (75%) by the District and
twenty-five (25%) by the City for routine maintenance, operations costs and expenses
for supplies for the pool and the related facilities, except when each party has exclusive
use of the pool each party will be responsible for the entire costs of the utilities. The
shared costs of operating the swimming pool include cleaning of the pool and related
facilities, routine maintenance, providing for supplies and utilities (telephone, electricity,
water and gas). These actual costs will be used in determining the quarterly billing to
the City. Fiscal Year 2009-2010 expenditures (including operational costs) for the
Aquatics program was $169,520 and the revenue was $88,155. The agreement may be
terminated with 30 days written notice.
The term of the agreement is from June 4, 2011 to June 4, 2036. The Downey Unified
School District Board of Education ratified this Agreement at their school board meeting
on June 7, 2011.
CITY OF DOWNEY, CALIFORNIA
FISCAL IMPACT
City of Downey reimbursed DUSD $54,658 for operational costs in Fiscal Year 2009-10.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING
AN AGREEMENTFOR USE OF THE DOWNEY HIGH SCHOOL SWIMMING POOL
BETWEEN THE CITY OF DOWNEY AND THE DOWNEY UNIFIED SCHOOL
DISTRICT FOR A PERIOD OF TWENTY-FIVE (25) YEARS.
WHEREAS,
The City and the Downey Unified School District have shared use of
the Downey High School Swimming Pool;
WHEREAS,
the residents of the City benefit from the use of the swimming pool
during the summer school break;
WHEREAS,
pursuant to Downey City Charter, Section 518, no contract or lease
or extension thereof for a longer period than ten years shall be valid unless said
contract, lease or extension be made or approved by ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
ORDAIN AS FOLLOWS:
SECTION 1
. The City Council approves the agreement for use of the Downey
High School swimming pool between the City of Downey and the Downey Unified
School District for a period of twenty-five (25) years.
SECTION 2
. The Mayor is hereby authorized and directed to execute an
agreement for use of the Downey High School swimming pool between the City of
Downey and the Downey Unified School District for a period of twenty-five (25)
years.
SECTION 3
. If any section, subsection, paragraph, sentence, clause or phrase
of this Ordinance is declared by a court of competent jurisdiction to be unconstitutional
or otherwise invalid, such decision shall not affect the validity of the remaining portions
of this Ordinance. The City Council declares that it would have adopted this Ordinance,
and each section, subsection, sentence, clause, phrase or portion thereof, irrespective
of the fact that any one or more sections, subsections, phrases, or portions be declared
invalid or unconstitutional.
SECTION 4.
The City Clerk shall certify to the adoption of this Ordinance and
cause the same to be published in the manner prescribed by law.
ORDINANCE NO.
PAGE TWO
SECTION 5
. This ordinance shall not become effective or be in force until thirty days
from and after the date of its adoption.
APPROVED AND ADOPTED
this day of , 2011
___________________________________
LUIS H. MARQUEZ, Mayor
ATTEST:
_______________________________
JOYCE DOYLE, Interim City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss:
CITY OF DOWNEY )
I HEREBY CERTIFY
that the foregoing Ordinance No. was introduced at a
regular meeting of the City Council of the City of Downey held on the day of
, 2011, and adopted at a regular meeting of the City Council of the City of Downey held
on the day of , 2011, by the following vote, to wit:
AYES: Council Members:
NOES: Council Member:
ABSENT: Council Member:
ABSTAIN: Council Member:
I FURTHER CERTIFY
that a Summary of the foregoing Ordinance No. ,
was published in the Downey Patriot, a newspaper of general circulation in the City of
Downey, on _______, 2011 (after introduction), and on ________, 2011 (after adoption,
including the vote thereon). It was also posted in the regular posting places in the City
of Downey on the same dates.
___________________________________
JOYCE DOYLE, Interim City Clerk