Explanation
Background: The Recreation and Parks Department and the Franklin Park Conservatory Joint Recreational District (the "Franklin Park Conservatory") have jointly developed a master plan for the park. The master plan proposes improvements on both the conservatory and park property which will mutually benefit the operations of the Conservatory and Franklin Park. The Franklin Park Easement Agreement authorized by this ordinance would grant a non-exclusive right for the Franklin Park Conservatory to provide maintenance services for the Par , as will be set forth in a separate Operation and Maintenance Agreement, and the right to construct improvements within the Park consistent with the Master Plan approved by the Recreation and Park Commission.
Title
To authorize the Executive Director of the Recreation and Parks Department to enter into the Franklin Park Easement Agreement with the Franklin Park Conservatory Joint Recreational District, and to declare an emergency.
Body
WHEREAS, the City and the Board of Commissioners of Franklin County pursuant to an Amended and Restated Agreement, dated as of April 24, 2007, have established the Franklin Park Conservatory Joint recreational District, the "Franklin Park Conservatory," as a joint recreation district pursuant to Section 755.14(C) of the Ohio Revised Code; and
WHEREAS, the City has conveyed to the Franklin Park Conservatory fee simple title to approximately 28 acres of real property within Franklin Park on which the Franklin Park Conservatory operates a premier horticultural and educational institution showcasing exotic plant collections and art; and
WHEREAS, the City and the Franklin Park Conservatory have cooperated in the maintenance, operation and development of the Conservatory and Franklin Park and desires to formalize the arrangement through the Franklin Park Easement Agreement which will provide the Franklin Park Conservatory the ability to construct certain improvements within Franklin Park in exchange for the Franklin Park Conservatory performing maintenance services within the Park; and
WHEREAS, an emergency exists in the usual daily operation of the City, in that it is necessary to immediately authorize the Director of the Recreation and Parks Department to execute the Franklin Park Easement Agreement for the immediate preservation of the public health, peace, property, safety and welfare; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Executive Director of the Recreation and Parks Department be,and hereby is, authorized to execute the Franklin Park Easement Agreement in substantially the form attached hereto; to enter into the Operation and Maintenance Agreement and the lease agreements with the Franklin Park Conservatory as set forth in the Franklin Park Easement Agreement.
Section 2. That for the reasons stated in the preamble hereto, which are hereby made a part hereof, this ordinance is hereby 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 ten days after its passage if the Mayor nether approves nor vetoes the same.