Ord 1544COUNCIL BILL N0. 325
ORDINANCE N0. 1544
AN ORDINANCE AUTHORIZING THE LEASE AND CONSTRUCTION OF TENNIS COURTS,
AND DECLARING AN EMERGENCY
WHEREAS, School District 103C and the City of Woodburn have
agreed to the terms of the lease and construction of four (4y tennis
courts on property owned by the School District; now, therefore,
THE PEOPLE OF THE CITY OF WOODBURN DO ORDAIN:
Section 1. That the City lease for a period of twenty-five
(25~ years land from School District 1~3C upon which the City will
construct four ~4) tennis courts and the School District will maintain
the same during the lease term in accordance with the agreement
attached hereto and by reference incorporated herein and made apart
of this ordinance,
Section 2. That the Mayor and Recorder be, and they hereby
are authorized and directed to sign the lease on behalf of the City,
Section 3. This ordinance being necessary for the immediate
preservation of the public peace., health and safety, an emergency is
declared to exist and this ordinance shall take effect immediately
upon passage by the Council and approval by the Mayor.
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APPROVED: °'~ ~~~~.~ ~~ .'`~~ ~_ ~~. -:~
STANLEY C. ISSN Mayor
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Passed by the Council Ja i a ,v 2,~~7~~,.__~,
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
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ATTEST :',~Y -~ ~ ~ ~~:~c.,~.-~~°~ c~
O R co er
RNEY IS, e r
City of Woodburn, oregan
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January 25, 1977
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Page 1 - COUNCIL BILL N0. 325
ORDINANCE N0. 1544
LEASE
THIS AGREEMENT entered inta between SCHOOL DISTRICT 103C, Marion County,
Oregon Woodburn Public Schools}, hereinafter referred to as "District," and CITY
OF WOODBURN, Oregon, hereinafter deferred to as "City,"
WHEREAS, City i s desi rods of constructing four ~4} tennis courts on
property owned by District for the use of the general public and the District; and
WHEREAS, District has lend ava.i l abl a for such purpose and i t deems i t to
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be in the best interest of District and its constituents to lease said property to
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City; and
WHEREAS, District has authority to lease its property under ORS 332.1553}
and City and District have authority to enter into such an agreement under authority
of ORS 190.003 et seq., now, therefore,
FOR AND IN CONSIDERATION OF THE.. COVENANTS HEREIN CONTAINED, THE PARTIES
HERETO AGREE AS FOLLOWS:
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1. Lease of Land. Dis~rict shall lease to City the following described
property fora period of twenty-five ~2.5a. years, co~nencing
1917, and terminating 2002:
Beginning at the Southwest corner of, that parcel of land described in
Marion County, Oregon, Recor~,of Deeds on Reel 26, Page 080fi, which
point i s also on the Northerly right-off-way l i ne of State Highway No.
214; thence North fi1~ l3' 25".. ,East a dist~rnce of 9fi6 feet along the
Northerly right-o~~way line of State Highway No. 214; thence North 2~
50' East a distance of 116 feet_to the true point of beginning; thence
North 2 ~ 50' East a distance °of 270 feet; thence .South 87~ 10' East a
distance of 150 feet; thence~,~'.So~uth 2~ 50' West a distance of 270 feet;
thence North 87~ 10' West a ~~i stance of 150 feet to the true point of
beginning.
PROVIDED, however, that should .the City not be able to raise the con-
struction costs by June 1, 197.7, this lease shall be null and void.
Page 1 - LEASE.
2, Construction of Tenn.is,.Courts. City shall build four (4} tennis
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courts on the above described property at City's sole cost, provided, however,
District shall have the right to ,approve the design and specifications thereof
and the exact location of the ten:~is facilities on the demised pre~ises.
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3. Maintenance. After~th~e completion of the construction of said
tennis courts, District shall maintain those facilities at its sole cost during
the term of this lease.
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4. Damage to~ Tennis G ~'rts. ~Lt is understood that the tennis courts
ti
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wi l 1 be bui 1 t over a City water 1{` ne and i n the event the courts are damaged as
a result of a mal functi on of or damage to the water line, the courts wi l l be
repaired at the sole cost of Ci ty.
5. ualit of Construs~ion and, Electrical A regiment. The City in its
design and construction will build tennis courts of the highest quality, it will
install lighting that i s energy aid maintenance efficient; i n the construction, i t
will consider ease of ma i ntenance'` i n determining type of surface, design of net
posts, type of nets, and type ofencing.
After construction is completed, the District shall pay, for the period
of the lease, all electrical cosh incurred in lighting the tennis courts. The.
City agrees to install electricalq~lines to the site from whatever source within
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the high school the District designates.
~, Termination for NonwCompletrion. If the City has not starter! and
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completed car~struction by October~~l, 1977, or has started but not completed the
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courts by November l h 1977, this lease shall be null .and void,
Page 2 - LEASE.
~, Use of Courts. .,,,
a. It is understood that. .these courts are to be used jointly by
the public and school district students and personnel. The City shall
cooperate with the Di sti ct i n scheduling the foci 1 i ti es for use by
physical education cias~es bu,t .one court sha~1 be at all times available
for public use except a~ such ,t.imes that the District and City agree
that one or the other shai 1 have exclusive use of all courts for an
agreed upon period.
b. District shall reserve six (6) parking spaces adjacent to the
courts for public tennis players who wish to use the courts during
school hours and those spaces .shai l be c1 early identified "reserved
for public tennis players only...."
DATED this 1st day of February , i917.
CITY OF ~~ODBURf~
n ey.. L s , ayor
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arney 0. ~Gr"ri s; Recorder
SCHOOL DISTRICT 10
gy • M
Car Dav s, coo goer a rman
By.
J s J, o nson, Clerk
Page 3 - LEASE.
I, BARNEY 0. BURRIS, Recorder of the City of Woodburn, do
hereby certify that I caused to be posted three copies of
Ordinance No. 1544, one of which said copies posted in the
City Hall on the bulletin board opposite the entrance to
the Recorder's Office, in full view of the traveling public;
a second one of said copies posted on the Woodburn Public
Library bulletin board at 280 Garfield Street, in full view
of the traveling public; a third one of said copies posted
on the Paul Sowa and Sons building at 182 Young Street, in
full view of the traveling public; that all of said places
are public places within the corporate limits of the City
of Woodburn and that all of said copies were posted on the
28th day of January 1977.
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Barney Burris, Recorder
City of Woodburn, Oregon