HomeMy WebLinkAboutORD 550OiDINANCE NO.
BY.._. •
AN ORDI��ANCE GI��,S�`,��'Iy�G A Z1�1 ETISh ` O ".Crki� FORWARD
CLUB M C!tLT3, IMHO AND A:SSIG118 TO CONTS I UC'T
L p I �fl � 7T P h POOL T, ° ; ; TP R6 V �g �9R PAIA an Tt a r �Tp
S I TT V'iS.v ING POOL ON V.C, A' IN :J; �4J% .i RTY :..7.�:�+lall7.bU".Ld` G r.6 o TH
CITY OF CALIJ'MALL WITHIN SAID CITY AND PROVIDING
FOR THE )UP:�RVISION Off' SAID a�JI12A NG POOL BY SAID
CITY*
66
IMF IT OMAINED RY THE' TGKYOR AND COUNCIL OF TNT C-Ir
OF CA7.t°Wi: LL, CANYON COUNTY $ IDAHO
Sect 1 That the Forward Club of Caldwell., Idaho
and assign hereby gra the right, privilege and fran
chise to maintain, construct,,onlarge, improve repair and
operate a swimning pooh:, appro.i ately fifty feet In width and
one hundred feet in length, together with the necessary build
ings, stractu.res, terraces, walks and appurtenances upon the
following described lazed and premises belonging to the City of
Caldwell, Idaho, to-witt.
The North: Half of Block .31 of H asbrouckts
Addition and 138 of Strahorn= Addition to
the City of Caldwell Idaho, as the same
are shown upon the Official Plat of said
additions on .file in the Office of the Re-
corder of Canyon County,' Idaho;
said swimm pool shall be constructed enlarged, improved
repaired pursuant > to specifications to be prepared by the City
Engineer, and shall be rd6ihtained and operated under such regula-
tions as may be established from time to time by the `City Council.
Section 2a The Cit -y of Caldwell gill furnish such grater
as may be necessary to operate and maintain said swimming pools
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and provide connections for .the drainage of said swi: irag
pool with the natural or artificial drainage gays accessible
to said premises.
Section 3, The maintenance and operatioffs of
swimming pool shall be under the supervision of the Park Com.- !
m.issioner of they City of Caldwell and said City hereby reserves
the right to provide for a Board of Control to supervise the
maintenance and operations of said swirmiing pool.
Section 4. In case the said City of Caldwell exercises
the right to provide a Board of Control to Supervise the opera-
tions and maintena ce construction,, enlar menu„ improvements.,
repairs of the said swis iing pool the said Board shall be an
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pointed by the Mayor and approved by the Council and shall consist
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of five (50 members„ one of which shall be appointed from among
the Council of the City; of Caldwell whose terra of office shall
be eo-oxtensivee with his terra as such Councilman; the other
four (4') shall be.appointed from among the citizens of the City
of Caldwell and shall hold their office for s, term of four (4)
years, PROVIDED, that at the time of the first appointment here-
under trio (2) of the said Board of Control. shall be appointed
for two (2) years and 'the retaining tivo shall, be appointed for
a. -term of four (4) years, thereafter all appointments shall
be for the 'term of foul (4) years except as a member of the
City Council,
Section 5. "The City of oCa.ldivell shall in no way be
liable for any accident, damage, loss or injury, that may occur
in the construction or operation of said swimming pool,, or by
reason of the default or negligence or misconduct of the said
grantee the Fonward Club, or assigns,, or employees, officers,
or agents; and the acceptance of this grant shall be deemed and
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become an agreement on the part of the said Grantee, The _For-
ward Ulub, end its assigns, to save the city harmless from and
against all l,iabi:lity, Loss, costs, expense, trouble and damage
of ever nature arising out of any default, - neglivonce, mis-
conduct, misfortune, or in any manner, by reason of any default
negligence or misconduct of the said grantee, its assigns or
agents, oIr employees, or'which nay accrue by reason of the con-
struction, maintaining or operating of the said swimming pool.
If the Grantee, The Forward Club,, or its assigns shall not
maintsir, construct, operate, enlarge, improve, repair with
reasonable' di.li and precedence in the opinion of the Mayor'
and Council of the said City the Forerard Club and' its aas a
shall forfeit their rights and franchises over // the said
premises, Reasonable diligence, if used in this Ordinance,
shall mean doing the things properly and necessary to maintains
constrLict, operate, enlarge, improve and repair and in proper
conditions to be used by the public at all seasonable times of
the year. That the franchise hereby granted shall extend to
such portions of the promises described in Section 1 hereof as
shall hereafter be used for such swimming pool during the term
of this franch.isep end that the said Ponvard Club or said Board
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of Control shall at all times Ireep said sivi=Ang pool so
insured so as to;save the City of Caldwell harmless against
any accident, loss, or damage that might accrue by reason of
any actions of xae li enae or non- perfornance or accidents that
might occur in the maintenance, construction., operations, en-
l L- provemen.t and repairment of said swimming pool
Section 6. This ,rant shall extend d continua for
a 'period of ten (10) years.
S ecti.on 1 7. 'dais ordinance may be accepted in writing
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