Explanation
BACKGROUND: The purpose of this ordinance is to authorize the Director of Recreation and Parks to enter a memorandum of agreement (MoA) with the Columbus Zoological Park Association (“Association”) and the Board of County Commissioners of Franklin County (“Board of County Commissioners”) regarding the operation and maintenance of the Columbus Zoo and Aquarium ("Zoo"), which is attached to this ordinance.
FISCAL IMPACT: N/A
REASON FOR EMERGENCY: It is unclear to the parties involved whether the MoA being amended expires in the immediate future, so it is advisable that the City adopts a cautious approach and declares this ordinance to be an emergency so that the newly revised MoA will become effective immediately. Any lapse in the MoA may result in a disruption of services and operations at the Zoo.
Title
To authorize and direct the Director of Recreation and Parks, on behalf of the City of Columbus, to execute a memorandum of agreement with the Columbus Zoological Park Association and the Board of County Commissioners of Franklin County for the provision and maintenance of zoological park services and facilities of the Columbus Zoological Park Association; and to declare an emergency. ($0.00)
Body
WHEREAS, by the Agreement and Declaration of Trust dated May 5, 1980, authorized by Ordinance No. 1086-80, passed May 5, 1980; as modified by the agreement dated February 19, 1981; authorized by Ordinance No. 344-81, passed February 9, 1981; by the agreement dated January 5, 1982, authorized by Ordinance No. 2699-81, passed December 14, 1981; by the agreement dated July 29, 1983, authorized by Ordinance No. 1400-83, passed July 11, 1983; by the agreement dated March 14, 1990, authorized by Ordinance No. 553-90, passed February 26, 1990; by the agreement dated October 31, 1994, authorized by Ordinance No. 2279-94, passed October 24, 1994; by the agreement dated August 27, 2004, authorized by Ordinance No. 1378-2004, passed July 19, 2004; by the Amended and Restated Lease Agreement, entered into effective as of July 22, 2003, as amended by the Amended and Restated Lease Agreement, entered into effective as of May 22, 2007, as amended by the Second Amendment to Amended and Restated Lease Agreement, entered into effective as of August 21, 2007, as amended by the Third Amendment to Amended and Restated Lease Agreement, entered into effective as of February 9, 2010 (collectively, the "Lease"), the City of Columbus, Ohio (the "City") has transferred responsibility for the provision and maintenance of zoological park services and facilities at the Columbus Zoo and Aquarium to The Columbus Zoological Park Association for the period through December 31, 2037; and
WHEREAS, by the terms of the aforesaid agreements as modified, the Association has accepted and will accept responsibility for the provision and maintenance of zoological park services and facilities at the Columbus Zoo and Aquarium; and
WHEREAS, the Amended and Restated Lease Agreement, entered into as of June 22, 2003, by and between the Board of County Commissioners, the City and the Association, provides for the Association to use and occupy the Columbus Zoo and Aquarium for zoological, conservation, educational, research, recreational and other related purposes through December 31, 2037; and
WHEREAS, the City desires to make such an agreement with the Board of County Commissioners and the Association; and
WHEREAS, an emergency exists in the usual daily operation of the Recreation and Parks Department in that it is immediately necessary to authorize the Director to enter into such an agreement with the Board of County Commissioners and the Association so as to allow for the uninterrupted continuation of services at the Columbus Zoo and Aquarium, all for the immediate preservation of public health, peace, property, safety and welfare; and NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Director of Recreation and Parks is hereby authorized and directed to enter a memorandum of agreement, attached to this ordinance, with the Board of County Commissioners and the Columbus Zoological Park Association for the provision and maintenance of zoological park services and facilities at the Columbus Zoo and Aquarium.
SECTION 2. That, for the reasons stated in the preamble, which is hereby made a part hereof, this ordinance is declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or 10 days after passage if the Mayor neither approves nor vetoes the same.