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Park & Recreation CommissionAGREEMENT This Agreement is entered into this _Z4 LA day of \,a,.�,l,�,� , 1988, by and between the City of Salina, Kansas, a municipal corporation, referred to in this Agreement as "the City;" the Board of Education of Unified School District #305, Salina, Kansas, referred to in this Agreement as "the School Board;" and the Salina Recreation Commission, a quasi -municipal corporation, referred to in this Agreement as "the Recreation Commission." WHEREAS, pursuant to Interlocal Agreement dated January 2, 1980, the School Board and the City currently operate and administer a public recreation system through the Recreation Commission. WHEREAS, it is the desire of the City, the School Board and the Recreation Commission to enter this Agreement to terminate the Recreation Commission and to establish a recreation division within an existing department of the City, all pursuant to K.S.A. 12-1933 (Supp. 1987). NOW THEREFORE, the parties mutually agree as follows: 1. Effective Date. This Agreement shall go into effect as of October 1, 1988, referred to in this Agreement as the "effective date." 2. Termination of Interlocal Agreement. The Interlocal Agreement between the parties dated January 2, 1980, shall be terminated as of the effective date of this Agreement. 3. Termination of Recreation Commission. The Recreation Commission shall be terminated as of the effective date of this Agreement. 4. Creation of Recreation Division. There shall be established the division of Recreation within what shall be known as the Department of Parks and Recreation of the City of Salina as of the effective date of this Agreement. 5. Creation of Park and Recreation Advisory Board. There is hereby established a seven (7) member Park and Recreation Advisory Board, referred to in this Agreement as "the Advisory Board." The current members of the Recreation Commission, less the Salina City Commission member representatives, shall serve as the initial Park and Recreation Advisory Board. Members shall serve upon the Park and Recreation Advisory Board for the term for which they were appointed to the Recreation Commission. Upon the expiration of the term of a non -School Board member, an appointment will be made by the governing body of the City to fill such position for a term of four years. The two school board members of the Advisory Board shall be designated by the School Board and shall serve such terms as may be determined by the School Board. 6. Duties of Advisory Board. The governing body of the City shall refer to the Advisory Board all major pro- posals and propositions for the construction, reconstruction and improvement of public parks and recreational facilities, including the acquisition of land for park purposes, the acquisition of major recreational equipment and facilities and the institution of new programs in the recreational system. The Advisory Board shall make reports and recommendations to the governing body on all matters referred to it and any further recommendations as deemed advisable. Such reports shall be made within a time fixed by the governing body at the time the proposal or pro- position is submitted to the Advisory Board and no action shall be taken by the governing body upon any such proposal or proposition until the reports and recommendations thereon have been received from the Advisory Board. 7. Transfer of Funds. Upon the establishment of the Recreation Division of the City Department of Parks and Recreation, the current operating fund of or budgeted for the recreation system under the Recreation Commission and for the park system under the previously existing City Department of Community Services shall be transferred to the credit of the combined City Park and Recreation Department, but shall be maintained in two individual funds which shall be used for the purpose for which levied. Thereafter, levies made for the purpose of financing the operation of the park and recreation department and to pay a portion of the principal and interest on bonds issued by such city under the authority of K.S.A. 12-1774, and amendments thereto, shall be made annually upon all taxable tangible property in the city. 8. Tax Levy for Recreation Purposes. The City is authorized to annually make a tax levy for recreation purposes in the amount permitted by state law in effect at the time the levy is made. The parties acknowledge that under the current provisions of K.S.A. 12-1933 (Supp. 1987): a. the City is authorized to make a tax levy in an amount not to exceed four mills upon all taxable tangible property of the city for recreation purposes and to pay a portion of the principal and interest on bonds issued by the City under the authority of R.S.A. 12-1774. b. Such levy shall be exempt from the limitation imposed under the provisions of R.S.A. 79-5001 to 79-5016, inclusive, and amendments thereto. C. No levy in excess of three mills shall be made under the authority of K.S.A. 12-1933 until the governing body of the City shall have adopted a resolution authorizing the making of a levy in excess of three mills in the manner required by K.S.A. 12-1933. 9. Ownership and Use of Property. Any property currently owned by the Recreation Commission is hereby assigned to and shall be the property of the City. Any property owned by the School Board and currently used for recreational programs previously administered by the Recreation Commission shall remain the property of the School Board. The City and the School Board shall continue to provide for use of School Board property and facilities in conjunction with City recreation programs upon such terms as the City and the School Board may agree. 10. Employees. All current employees of the Recreation Commission shall become employees of the City in the manner provided for other employees of the City as of the effective date of this Agreement. 11. Term of Agreement. This agreement shall be in effect until January 1, 1990, and commencing with January 1, 1990, shall self -renew on January 1st of each year for an additional one year period; provided, however, that either the City or the School Board may terminate this Agreement effective January 1st of any year by giving written notifi- cation to the other no later than the preceding June 1st. IN WITNESS WHEREOF, the School Board and Recreation Commission have each adopted a resolution approving this Agreement and the City has adopted and twice published an ordinance approving this Agreement more than 30 days prior to the date and year first written above, each authorizing the execution of this Agreement by their respective representatives. CITY OF SALINA, KANSAS / r By Sy ney o erbergr Mayor ATTEST: Obert K. Biles, City -Clerk BOARD OF EDUCATION OF UNIFIED SCHOOL DISTRICT #305 By JerrAy Lundgrin, P sident ATTEST: Betsy De ©re, Secretary SALINA RECREATION COMMISSION By p , Beverly j zem, Sjilarirdan ATTEST: ephen L. S Director