ORD 33642 - Amendment to agmt with Omaha Zoological Society for improvement and operation of Henry Doorly Zoo ,
0MAHA,n,4.e
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CA
R,TE'D FEBRJrO n t
City of Omaha Z NIJ
Hal Daub,Mayor m c-) co m
August 29, 1995 ...
Parks,Recreation& z>- ." "�
Public Property Department .'`_' .7. rn
Omaha/Douglas Civic Center �'
1819 Farnam Street,Suite 701 Honorable President
Omaha,Nebraska 68183-0701
(402)444-5900
FAX(402)444-4921 and Members of the City Council,
Jerry D. ark The�
J ry D Pe purpose of the attached ordinance 1S to approve an Amendment to the
Director
Agreement between the City and the Omaha Zoological Society to provide
funding in the amount of$1,000,000 for each of the years 1996, 1997, 1998,
1999, and 2000. Additionally, a new provision concerning parking is being
added to the Agreement to restrict parking and to require negotiations for any
renewal or extension of the Amendment to include consideration of fee
arrangements for vehicular patron parking.
Your favorable consideration is hereby requested.
Sincerely,
.7(s.r.%-de::: —...4„...—
Jerry D. Parks, Director
Parks, Recreation
and Public Property
Approved as to Funding: Referred to the City Council for
Consideration:
. . .. • . : g
c-- .
, ,
<� .,
4` Louis A. D'Ercole, Acting Director Mayor's Office/Title .
Finance Department ' iiiii) •
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•
•
ORDINANCE NO. , g:,goV //v, y/may/9�--
AN ORDINANCE to approve and authorize the execution of an Amendment to Agreement
("Amendment") between the City of Omaha, a municipal corporation, and the Omaha
Zoological Society, a Nebraska non-profit corporation, amending an Agreement dated the
8th day of September, 1964, involving the payment of money from appropriations of more
than one year in accordance with Section 5.17 of the Home Rule Charter of the City of
Omaha, 1956, as amended;to provide for the payment to the Omaha Zoological Society for
the calendar years 1996, 1997, 1998 1999 and 2000 (the "Amendment Term") for services
rendered to the City of Omaha for the improvement and operation of the Henry Doorly Zoo
(the "Zoo); to provide certain arrangements respecting vehicular parking at parking lots at
the Zoo and the City of Omaha's Rosenblatt Stadium (the "Parking Lots"); and to provide
the effective date hereof.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Section 1. Authority is hereby granted and approval hereby given for the execution by the
City of Omaha of the Amendment respecting the payment of money from appropriations of more
than one year in accordance with Section 5.17 of the Home Rule Charter of the City of Omaha, 1956,
as amended,to wit: City of Omaha shall pay to the Omaha Zoological Society for the calendar year
1996 the sum of$1,000,000 as follows: $250,000 on January 1, 1996, $250,000 on April 1, 1996,
$250,000.00 on July 1, 1996, and$250,000 on October 1, 1996; for the calendar year 1997 the sum
of$1,000,000 as follows: $250,000 on January 1, 1997, $250,000 on April 1, 1997, $250,000 on
July 1, 1997, $250,000 on October 1, 1997; for the calendar year 1998 the sum of$1,000,000 as
follows: $250,000 on January 1, 1998, $250,000 on April 1, 1998, $250,000 on July 1, 1998, and
$250,000 on October 1, 1998; for the calendar year 1999 the sum of $1,000,000 as follows:
$250,000 on January 1, 1999, $250,000 on April 1, 1999, $250,000 on July 1, 1999, $250,000 on
October 1, 1999; for the calendar year 2000, $1,000,000 as follows: $250,000 on January 1, 2000,
$250,000 on April 1, 2000, $250,000 on July 1, 2000, and $250,000 on October 1, 2000.
Section 2. Authority is further hereby granted and approval hereby given for the execution
of the Amendment respecting vehicular parking at the Parking Lots,to wit: during the last calendar
year of the Amendment Term any negotiations between the City of Omaha and the Omaha
•
ORDINANCE NO. F_Fo
Page 2
Zoological Society for the extension or renewal of the Amendment shall include consideration of
fee arrangements for vehicular patron parking at the Parking Lots.
Section 3. That the Mayor of the City of Omaha be, and he hereby is, authorized and
empowered to execute the Amendment authorized herein for and on behalf of the City of Omaha and
the City Clerk is authorized and empowered to attest such Amendment, setting forth the terms
• authorized and approved in Section 1 and Section 2 hereof, which Amendment shall be in form
substantially as attached hereto and marked Exhibit "A."
Section 4. This Ordinance shall be in full force and take effect immediately upon passage
under and by virtue of the authority granted by Section 2.12 of the Home Rule Charter of the City
of Omaha, 1956, as amended.
INTRODUCED BY COUNCILMEMBER
• j APPROVED :Y:
/ Ar"
M OF THE CITY OF OMAHA
PASSED SEP 19 1995
ATTEST:
CITY C OF HE CITY OF OMAHA APPROVED AS TO FORM:
ASSISVNT CITY ATTORNEY
P:\LAW\2284.SKZ
•
• •
EXHIBIT A
AMENDMENT TO AGREEMENT
BETWEEN THE CITY OF OMAHA AND
THE OMAHA ZOOLOGICAL SOCIETY
THIS AMENDMENT to the Agreement between the City of Omaha and the Omaha
Zoological Society is hereby made and entered into this f t day of ����� 1995.
WITNESSETH: •
WHEREAS, the City of Omaha is a municipal corporation and city of the Metropolitan
Class,created and existing pursuant to the statutes of the State of Nebraska and operating pursuant
to the Home Rule Charter of the City of Omaha of 1956, as amended; and,
WHEREAS, pursuant to the terms of the said Charter, the powers, duties and functions
relating to the operation and maintenance of the City's parks, recreation and public property are
vested in its Director of Parks,Recreation and Public Property;and that pursuant to the said Charter,
cooperative agreements of the nature of these presents are authorized; and,
WHEREAS,the Omaha Zoological Society is a nonprofit corporation, created and existing
•
pursuant to the statutes of the State of Nebraska, empowered, inter alia,to promote the maintenance
and the development of zoological gardens, for the collection, care, and the exhibition of live
animals, fowl,birds,reptiles, and other species of wild life, and to afford therefrom entertainment,
recreation, and instruction for the use and benefit of the public, and to acquire, own, operate, and
maintain property for the purposes of the Omaha Zoological Society, and to build, operate, and
maintain habitats, shelters and places of confinement for such exhibits; and,
WHEREAS, the parties hereto on September 8, 1964, entered into an Agreement
("Agreement"),whereby the Omaha Zoological Society was to reorganize, develop, and provide a
better and more complete zoological garden and exhibits for the enjoyment and entertainment of the
public on City-owned park property previously known as Riverview Park; and,
WHEREAS, Article X of said Agreement provided that the same might from time to time
be modified, altered, or amended as might mutually be agreed between the parties; and,
WHEREAS, in 1983, 1985, 1988 and 1990 the parties,by mutual agreement, amended the
Agreement; and,
WHEREAS,it is once again the mutual desire of the parties hereto that the provisions of the
Agreement be amended.
NOW,THEREFORE,IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES
THAT THE AGREEMENT BE AMENDED AS FOLLOWS:
1. That the attached Agreement, as amended, is hereby incorporated by reference.
2. That Article VI. "Finances and Appropriations" of the Agreement, as amended, be
deleted in its entirety and the following inserted in lieu thereof:
VI. FINANCES AND APPROPRIATIONS
(A) The City agrees to appropriate and pay to the Society from the City's Omaha
Zoological Budgetary Account for each respective year, the following sums
on the following dates:
Calendar Year Amount Payment
1996 $1,000,000 $250,000 each on January 1, April 1,
July 1, and October 1, 1996
1997 $1,000,000 $250,000 each on January 1, April 1,
July 1, and October 1, 1997
•
1998 $1,000,000 $250,000 each on January 1, April 1,
July 1, and October 1, 1998
1999 $1,000,000 $250,000 each on January 1, April 1,
July 1, and October 1, 1999
2000 $1,000,000 $250,000 each on January 1, April 1,
July 1, and October 1, 2000
(B) Should any part of the foregoing payments by the City not be used in
connection with the operation of the Henry Doorly Zoo(the "Zoo"),any such
sums not so used shall be returned to the City's General Fund.
3. That a new Article XVI. "PARKING" is hereby added to the Agreement as follows:
XVI. PARKING
During the last calendar year of the Amendment Term, any negotiations between the
City of Omaha and the Omaha Zoological Society for the extension or renewal of the
Amendment shall include consideration of fee arrangements for vehicular patron
parking at the Parking Lots.
•
4. That all other provisions of the Agreement,as amended,shall remain in full force and •
effect.
IN WITNESS WHEREOF,the parties hereto have set their hands the first day written above.
ATTEST: CITY OF OMAHA, a municipal corporation
By: 9
City Cler f the City of Omaha May•r of the City of Omaha
ATTEST: • OMAHA ZOOLOGICAL SOCIETY, a
Nebraska nonprofit corporation
By: ILAa4AL
Approved as to Form:
(41
Assistant City Attorney
P:\LAW\2283.SKZ
MOTION BY COUNCILMEMBER ANZALD
I hereby move that Council Document No. �.7, Gi,Current Series,be amended in the whole
by deleting it in its entirety and substituting, in lieu thereof,the attached Ordinance and Exhibit "A".
APPROVED AS TO FORM:
C4-4
ASSISpNT CITY ATTORNEY
P:\LAW\2285.SKZ
`_;•)
:
412
1
ORDINANCE NO.
AN ORDINANCE to approve and authorize the execution of an Amendment to Agreement
("Amendment") between the City of Omaha, a municipal corporation, and the Omaha
Zoological Society, a Nebraska non-profit corporation, amending an Agreement dated the
8th day of September, 1964, involving the payment of money from appropriations of more
than one year in accordance with Section 5.17 of the Home Rule Charter of the City of
Omaha, 1956, as amended;to provide for the payment to the Omaha Zoological Society for
the calendar years 1996, 1997, 1998 1999 and 2000(the "Amendment Term") for services
rendered to the City of Omaha for the improvement and operation of the Henry Doorly Zoo -
(the "Zoo); to provide certain arrangements respecting vehicular parking at parking lots at
the Zoo and the City of Omaha's Rosenblatt Stadium (the "Parking Lots"); and to provide
the effective date hereof.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Section 1. Authority is hereby granted and approval hereby given for the execution by the
City of Omaha of the Amendment respecting the payment of money from appropriations of more
than one year in accordance with Section 5.17 of the Home Rule Charter of the City of Omaha, 1956,
as amended,to wit: City of Omaha shall pay to the Omaha Zoological Society for the calendar year
1996 the sum of$1,000,000 as follows: $250,000 on January 1, 1996, $250,000 on April 1, 1996,
$250,000.00 on July 1, 1996,and$250,000 on October 1, 1996; for the calendar year 1997 the sum
of$1,000,000 as follows: $250,000 on January 1, 1997, $250,000 on April 1, 1997, $250,000 on
July 1, 1997, $250,000 on October 1, 1997; for the calendar year 1998 the sum of$1,000,000 as
follows: $250,000 on January 1, 1998, $250,000 on April 1, 1998, $250,000 on July 1, 1998, and
$250,000 on October 1, 1998; for the calendar year 1999 the sum of $1,000,000 as follows:)
$250,000 on January 1, 1999, $250,000 on April 1, 1999, $250,000 on July 1, 1999, $250,000 on
October 1, 1999; for the calendar year 2000, $1,000,000 as follows: $250,000 on January 1, 2000,
$250,000 on April 1, 2000, $250,000 on July 1, 2000, and$250,000 on October 1, 2000.
Section 2. Authority is further hereby granted and approval hereby given for the execution
of the Amendment respecting vehicular parking at the Parking Lots,to wit: during the last calendar
year of the Amendment Term any negotiations between the City of Omaha and the Omaha
ORDINANCE NO.
Page 2
Zoological Society for the extension or renewal of the Amendment shall include consideration of
fee arrangements for vehicular patron parking at the Parking Lots.
Section 3. That the Mayor of the City of Omaha be, and he hereby is, authorized and
empowered to execute the Amendment authorized herein for and on behalf of the City of Omaha and
the City Clerk is authorized and empowered to attest such Amendment, setting forth the terms
authorized and approved in Section 1 and Section 2 hereof, which Amendment shall be in form
substantially as attached hereto and marked Exhibit "A."
Section 4. This Ordinance shall be in full force and take effect immediately upon passage
under and by virtue of the authority granted by Section 2.12 of the Home Rule Charter of the City
of Omaha, 1956, as amended.
INTRODUCED BY COUNCILMEMBER
APPROVED BY:
•
MAYOR OF THE CITY OF OMAHA
PASSED
ATTEST:
CITY CLERK OF THE CITY OF OMAHA APPROVED AS TO FORM:
(?-
ASSISTANT CITY ATTORNEY
P:LAW\2284.SKZ
EXHIBIT A
AMENDMENT TO AGREEMENT
BETWEEN THE CITY OF OMAHA AND
THE OMAHA ZOOLOGICAL SOCIETY
THIS AMENDMENT to the Agreement between the City of Omaha and the Omaha
Zoological Society is hereby made and entered into this day of , 1995.
WITNESSETH:
WHEREAS, the City of Omaha is 'a municipal corporation and city of the Metropolitan
Class,created and existing pursuant to the statutes of the State of Nebraska and operating pursuant
to the Home Rule Charter of the City of Omaha of 1956, as amended; and,
WHEREAS, pursuant to the terms of the said Charter, the powers, duties and functions
relating to the operation and maintenance of the City's parks, recreation and public property are
vested in its Director of Parks,Recreation and Public Property; and that pursuant to the said Charter,
cooperative agreements of the nature of these presents are authorized; and,
WHEREAS,the Omaha Zoological Society is a nonprofit corporation, created and existing
pursuant to the statutes of the State of Nebraska, empowered,inter alia,to promote the maintenance
and the development of zoological gardens, for the collection, care, and the exhibition of live
animals, fowl,birds,reptiles, and other species of wild life, and to afford therefrom entertainment,
recreation, and instruction for the use and benefit of the public, and to acquire, own, operate, and
maintain property for the purposes of the Omaha Zoological Society, and to build, operate, and
maintain habitats, shelters and places of confinement for such exhibits; and,
WHEREAS, the parties hereto on September 8, 1964, entered into an Agreement
("Agreement"), whereby the Omaha Zoological Society was to reorganize, develop, and provide a
better and more complete zoological garden and exhibits for the enjoyment and entertainment of the
public on City-owned park property previously known as Riverview Park; and,
WHEREAS, Article X of said Agreement provided that the same might from time to time
be modified, altered, or amended as might mutually be agreed between the parties; and,
WHEREAS, in 1983, 1985, 1988 and 1990 the parties, by mutual agreement, amended the
Agreement; and,
•
WHEREAS, it is once again the mutual desire of the parties hereto that the provisions of the
Agreement be amended.
NOW,THEREFORE,IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES
THAT THE AGREEMENT BE AMENDED AS FOLLOWS:
1. That the attached Agreement, as amended, is hereby incorporated by reference.
2. That Article VI. "Finances and Appropriations" of the Agreement, as amended, be
deleted in its entirety and the following inserted in lieu thereof:
VI. FINANCES AND APPROPRIATIONS
(A) The City agrees to appropriate and pay to the Society from the City's Omaha ..
Zoological Budgetary Account for each respective year, the following sums
on the following dates:
Calendar Year Amount Payment
1996 $1,000,000 $250,000 each on January 1, April 1,
July 1, and October 1, 1996
1997 $1,000,000 $250,000 each on January 1, April 1,
July 1, and October 1, 1997
1998 $1,000,000 $250,000 each on January 1, April 1,
July 1, and October 1, 1998
1999 $1,000,000 $250,000 each on January 1, April 1,
July 1, and October 1, 1999
2000 $1,000,000 $250,000 each on January 1, April 1,
July 1, and October 1,2000
(B) Should any part of the foregoing payments by the City not be used in
connection with the operation of the Henry Doorly Zoo(the "Zoo"),any such
sums not so used shall be returned to the City's General Fund.
3. That anew Article XVI. "PARKING" is hereby added to the Agreement as follows:
XVI. PARKING
During the last calendar year of the Amendment Term, any negotiations between the
City of Omaha and the Omaha Zoological Society for the extension or renewal of the
Amendment shall include consideration of fee arrangements for vehicular patron
parking at the Parking Lots.
4. That all other provisions of the Agreement,as amended,shall remain in full force and
effect.
IN WITNESS WHEREOF,the parties hereto have set their hands the first day written above.
A"1ThST: CITY OF OMAHA,a municipal corporation
By:
City Clerk of the City of Omaha Mayor of the City of Omaha
A!TEST: OMAHA ZOOLOGICAL SOCIETY, a -
Nebraska nonprofit corporation
By:
Approved as to Form:
Assistant City Attorney
PALAW\2283.SKZ
• REQUEST TO LAW DEPARTMENT LAW DEPARTMENT USE ONLY
LOG BOOK NO. fr�u,cc_i_
TO: HERBERT M. r'1'1'LE, CITY -T:LiPORNEY_;, DATE ASSIGNED �-45-�'a- 40
.,,� ,L , . :,
DATE: September 13, 1995 --:-- �:, -ASSIGNED TO
•/\' ATE ANSWERED 4 - 1-4 -q
e�
REQUEST BEIN MADE BY: On behalf of Councilmember Subby Anzaldo
Warren Weav , Council Staff Assistant 6298
(NAME) (DEPARTMENT) (PHONE)
TIME LINE:
For Council Agenda of September 19, 1995
REQUEST FOR: Amendment to Ordinance to Approve the Zoo Agreement
and Amendment to Agreement
(State Specifically What You Are Requesting)
DETAILS: (Do not state "See Attached")
Councilmember Subby Anzaldo requests an amendment be drafted .and placed
on the Council's agenda for September 19 that changes the ordinance for the Zoo
Agreement and an amendment be drafted to change the agreement between the
City and the Zoological Society. The purpose for these changes is to allow
festivals or activities in the Rosenblatt parking area according to the guidelines
currently established.
The amendment to the agreement is as follows: delete the first sentence under
Article XVI "parking" (see Attachment 1; the deleted sentence is underlined).
The ordinance will require amended language, and the Law Department is
requested to coordinate the appropriate language to reflect Councilmember
Anzaldo's change (see Attachment 2, underlined material - two places).
The Law Department shall coordinate as necessary to place this on the
September 19 Council agenda.
INFORMATION ATTACHED : YES X NO NONE AVAILABLE
wk
c: Councilmembers, City Clerk, Jerry Parks, Jim Cleary, Lou D'Ercole, Council
Staff
1,
•
•
Excerpt from amended agreement between the City and Zoological Society:
2. That a new Article XVI. "PARKING" is hereby added to the agreement
as follows:
XVI. PARKING
During the period January 1, 1996, through December 31, 2000
(the "Amendment Term"), the parking lots at the Zoo and the
City's Rosenblatt Stadium shall be used for no purpose other
than the parking of vehicles except in cases of severe weather
situations. During the last calendar_ year of the Amendment
Term, any negotiations. between .the City of Omaha and the
Omaha Zoological Society for the extension or renewal of the
Amendment shall include consideration of fee arrangements
for vehicular patron parking at the Parking Lots.
Attachment 1
ORDINANCE NO.
AN ORDINANCE to approve and authorize the execution of an Amendment to Agreement
("Amendment") between the City of Omaha, a municipal corporation, and the Omaha
Zoological Society, a Nebraska non-profit corporation, amending an Agreement dated the
8th day of September, 1964, involving the payment of money from appropriations of more
than one year in accordance with Section 5.17 of the Home Rule Charter of the City of
Omaha, 1956, as amended;to provide for the payment to the Omaha Zoological Society for
the calendar years 1996, 1997, 1998-1999 and 2000 (the "Amendment Term") for services
rendered to the City of Omaha for the improvement and operation of the Henry Doorly Zoo
(the "Zoo); to provide ertain arrangements respecting vehicular parking at parking lots at
the Zoo and the City of Omaha's Rosenblatt Stadium (the "Parking Lots"); and to provide I
•
the effective date hereof.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Section 1. .Authority is hereby granted and approval hereby given for the execution by the
City of Omaha of the Amendment respecting the payment of money from appropriations of more
than one year in accordance with Section 5.17 of the Home Rule Charter of the City of Omaha, 1956,
as amended, to wit: City of Omaha shall pay to the Omaha Zoological Society for the calendar year
1996 the sum of$1,000,000 as follows: $250,000 on January 1, 1996, $250,000 on April 1, 1996,
$250,000.00 on July 1, 1996, and$250,000 on October 1, 1996; for the calendar year 1997 the sum
of$1,000,000 as follows: $250,000 on January 1, 1997, $250,000 on April 1, 1997, $250,000 on
July 1, 1997, $250,000 on October 1, 1997; for the calendar year 1998 the sum of$1,000,000 as
follows: $250,000 on January 1, 1998, $250,000 on April 1, 1998, $250,000 on July 1, 1998, and
0
,:_.....:
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Airc ll 2
i
• ORDINANCE NO.
Page 2
$250,000 on October 1, 1998; for the calendar year 1999 the sum of $1,000,000 as follows:
$250,000 on January 1, 1999, $250,000 on April 1, 1999, $250,000 on July 1, 1999, $250,000 on
October 1, 1999; for the calendar year 2000, $1,000,000 as follows: $250,000 on January 1, 2000,
$250,000 on April 1, 2000, $250,000 on July 1,2000, and $250,000 on October 1, 2000.
Section 2. Authority is further hereby granted and approval hereby given for the execution _
of the Amendment respecting vehicular parking at the Parking Lots,to wit: uring the Amendment
Term the Parking Lots shall be used for no ose other than the arkin of vehicles exce t in cases
of serious weather situations; and/during the last calendar year of the Amendment Term any
negotiations between the City of Omaha and the Omaha Zoological Society for the extension or
renewal of the Amendment shall include consideration of fee arrangements for vehicular patron
parking at the Parking Lots.
Section 3. That the Mayor of-the City of Omaha be, and he hereby is, authorized and
empowered to execute the Amendment authorized herein for and on behalf of the City of Omaha and
the City Clerk is authorized and empowered to attest such Amendment, setting forth the terms
authorized and approved in Section 1 and Section 2 hereof, which Amendment shall be in form
substantially as attached hereto and marked Exhibit "A."
1
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