Explanation
Background:
By various agreements, the City of Columbus ("City") has transferred responsibility for the provision and maintenance of zoological park services and facilities at the Columbus Municipal Zoo to the Columbus Zoological Park Association through December 31, 2023. In connection with a renewal tax levy proposal, to be submitted to the electors of Franklin County, Ohio, in November, 2015, whereby the Board of County Commissioners of Franklin County would furnish financial assistance to the Association through December 31, 2025, the City and the Association desire to extend the existing Agreement and Declaration of Trust through the period ending December 31, 2025. The following legislation authorizes the immediate modification of the existing Agreement and Declaration of Trust.
Emergency action is requested to allow this proposal to be considered prior to the November 3, 2015, General Election.
Fiscal Impact:
N/A
Title
To authorize the Director of the Recreation and Parks Department to execute those documents necessary to modify the existing Agreement and Declaration of Trust between the City and the Columbus Zoological Park Association to provide for the extension of the agreement through December 31, 2025, and to declare an emergency. ($0)
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, and by the agreement dated August 27, 2004, authorized by Ordinance No. 1378-2004, passed July 19, 2004, the City of Columbus, Ohio ("the City") has transferred responsibility for the provision and maintenance of zoological park services and facilities at The Columbus Municipal Zoo ("the Columbus Zoo") to The Columbus Zoological Park Association ("the Association") for the period through December 31, 2023; and
WHEREAS, by the Amended and Restated Lease Agreement entered into effective as of July 22, 2003, the City and Franklin County, Ohio, have leased to the Association, through the period ending December 31, 2037, the premises comprising the Columbus Zoo; 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 for the period through December 31, 2025; and
WHEREAS, the City and the Association desire to extend the term of the Agreement and Declaration of Trust through December 31, 2025; and
WHEREAS, an emergency exists in the usual daily operation of the Recreation and Parks Department in that it is immediately necessary to extend such an agreement with the Association for the preservation of public health, peace and safety; now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of Recreation and Parks of the City of Columbus, Ohio, be and he is hereby authorized and directed to enter into Modification #7 of the Agreement and Declaration of Trust with the Association for the purpose of extending the term of that Agreement through December 31, 2025.
Section 2. That, for the reasons stated in the preamble, which is 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 passage if the Mayor neither approves nor vetoes the same.