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HomeMy WebLinkAbout2008-008-02/05/2008-APPROVING AN OPERATING AGREEMENT BETWEEN THE CITY AND THE DISCOVERY SCIENCE CENTER, AUTHORIZING THE RESOLUTION 2008-008 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN OPERATING AGREEMENT BETWEEN THE CITY AND THE DISCOVERY SCIENCE CENTER, AUTHORIZING THE NEW MUSEUM/DISCOVERY SCIENCE CENTER PROJECT TO PROCEED, AND ENHANCING THE SCOPE OF THE PROJECT TO INCLUDE NEW EXHIBITS WHEREAS, on November 1, 2005, Fort Collins voters passed Ordinance No. 092, 2005, approving the"Building on Basics"(BOB)tax for certain capital projects(the"BOB Ordinance"); and WHEREAS, the BOB Ordinance included$6,000,000 for construction of a new facility in the downtown area of Fort Collins for the City's Museum and the Discovery Science Center(DSC) (the"Museum Project"),and$200,000 per year for seven years of operation and maintenance of the new facility; and WHEREAS,the BOB Ordinance makes construction of the Museum Project contingent on the DSC raising at least $3,600,000 for the Museum Project; and WHEREAS, in anticipation of the Museum Project, City staff and members of the DSC Board of Directors developed a plan to merge the Fort Collins Museum and the DSC into one institution(the"Institution")that would be owned,operated and funded jointly by the City and the DSC and housed in the facility constructed through the Museum Project; and WHEREAS, the Institution would support both the science and technology mission of the DSC and the history and culture mission of the City's Museum; and WHEREAS, the City and DSC have drafted a proposed agreement to formalize this cooperative arrangement (the"Operating Agreement"), a copy of which, dated October 18, 2007, is on file and available for review in the City Clerk's office; and WHEREAS, key provisions of the Operating Agreement include: • cooperation in the design and construction of the Museum Project; • co-ownership of the Institution's real property and facilities; • joint management and staffing of the Institution with each party employing its own Executive Director and being responsible for its own employees; and • each party will have the right to take over operation of the Institution should the other party's annual funding of the Institution fall below a threshold amount; and WHEREAS, the provisions of the Operating Agreement related to joint ownership, management and funding of the Institution serve an important public purpose by allowing the City and DSC to create and maintain a jointly owned and operated museum facility that will expand the RESOLUTION 2008-008 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN OPERATING AGREEMENT BETWEEN THE CITY AND THE DISCOVERY SCIENCE CENTER, AUTHORIZING THE NEW MUSEUMIDISCOVERY SCIENCE CENTER PROJECT TO PROCEED, AND ENHANCING THE SCOPE OF THE PROJECT TO INCLUDE NEW EXHIBITS WHEREAS, on November 1, 2005, Fort Collins voters passed Ordinance No. 092, 2005, approving the"Building on Basics"(BOB)tax for certain capital projects (the"BOB Ordinance"); and WHEREAS, the BOB Ordinance included$6,000,000 for construction of a new facility in the downtown area of Fort Collins for the City's Museum and the Discovery Science Center(DSC) (the"Museum Project"),and$200,000 per year for seven years of operation and maintenance of the new facility; and WHEREAS,the BOB Ordinance makes construction of the Museum Project contingent on the DSC raising at least $3,600,000 for the Museum Project; and WHEREAS, in anticipation of the Museum Project, City staff and members of the DSC Board of Directors developed a plan to merge the Fort Collins Museum and the DSC into one institution(the"Institution")that would be owned, operated and funded jointly by the City and the DSC and housed in the facility constructed through the Museum Project; and WHEREAS, the Institution would support both the science and technology mission of the DSC and the history and culture mission of the City's Museum; and WHEREAS, the City and DSC have drafted a proposed agreement to fonnalize this cooperative arrangement(the "Operating Agreement"), a copy of which, dated October 18, 2007, is on file and available for review in the City Clerk's office; and WHEREAS, key provisions of the Operating Agreement include: • cooperation in the design and construction of the Museum Project; • co-ownership of the Institution's real property and facilities; joint management and staffing of the Institution with each party employing its own Executive Director and being responsible for its own employees; and • each partywill have the right to take over operation of the Institution should the other party's annual funding of the Institution fall below a threshold amount; and WHEREAS, the provisions of the Operating Agreement related to joint ownership, management and funding of the Institution serve an important public purpose by allowing the City and DSC to create and maintain a jointly owned and operated museum facility that will expand the educational experience of City residents by providing a broader array of scientific, cultural and historical exhibits in a single location, and will also provide an exciting new City amenity that will help attract visitors to the City, thereby contributing to the economic well-being of the City; and WHEREAS,pursuant to the BOB Ordinance,before any BOB tax revenues can be spent on design or construction of the Museum Project the DSC must provide documentation satisfactory to the City Manager showing the DSC's ability to fund no less than $3,600,000 of the cost of constructing the Museum Project; and WHEREAS, the BOB Ordinance also requires the Council to make the determination whether to proceed with the Museum Project after receiving a report and recommendation from the City Manager and the City's Financial Officer; and WHEREAS,the City Manager has received satisfactory documentation of the DSC's ability to fund no less than $3,600,000 of the cost of the Museum Project, and the City Manager and Financial Officer have provided their report and recommendation to the Council; and WHEREAS, the terms of the Operating Agreement would allow the City and the DSC to spend up to$1,100,000 of the DSC's contribution on the creation or acquisition of new science and technology exhibits for the Institution, and, if less than the entire $6,000,000 in BOB proceeds is needed for construction,spend the remaining amounts on additional new exhibits for the Institution; and WHEREAS, the BOB Ordinance states that the BOB proceeds and the DSC's contribution of$3,600,000 are to be put towards the cost of"constructing"the Museum Project; and WHEREAS,the BOB Ordinance also allows the Council to"enhanc[e] the scope or design of any project," as long as doing so will not substantially impair the City's ability to fund the construction, operation and maintenance of any of the projects; and WHEREAS, using the BOB proceeds for the acquisition of new exhibits as well as for the construction of the facility,while consistent with the intent of the Museum Project,may constitute an enhancement of the Project description as contained in the BOB Ordinance; and WHEREAS,accordingly,the Council wishes to formally enhance the scope of the Museum Project to clarify that the Museum Project includes the creation or acquisition of new exhibits for the Institution. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Council hereby finds that the Discovery Science Center has met its obligation to show its financial ability to fund no less than$3,600,000 of the cost of constructing the Museum Project, and that the Museum Project should proceed. -2- educational experience of City residents by providing a broader array of scientific, cultural and historical exhibits in a single location,and will also provide an exciting new City amenity that will help attract visitors to the City, thereby contributing to the economic well-being of the City; and WHEREAS,pursuant to the BOB Ordinance,before any BOB tax revenues can be spent on design or construction of the Museum Project the DSC must provide documentation satisfactory to the City Manager showing the DSC's ability to fund no less than $3,600,000 of the cost of constructing the Museum Project; and WHEREAS, the BOB Ordinance also requires the Council to make the determination whether to proceed with the Museum Project after receiving a report and recommendation from the City Manager and the City's Financial Officer; and WHEREAS,the City Manager has received satisfactory documentation of the DSC's ability to fund no less than $3,600,000 of the cost of the Museum Project, and the City Manager and Financial Officer have provided their report and recommendation to the Council; and WHEREAS, the terms of the Operating Agreement would allow the City and the DSC to spend up to$1,100,000 of the DSC's contribution on the creation or acquisition of new science and technology exhibits for the Institution, and, if less than the entire $6,000,000 in BOB proceeds is needed for construction,spend the remaining amounts on additional new exhibits for the Institution; and WHEREAS, the BOB Ordinance states that the BOB proceeds and the DSC's contribution of$3,600,000 are to be put towards the cost of"constructing"the Museum Project; and WHEREAS, the BOB Ordinance also allows the Council to"enhanc[e] the scope or design of any project," as long as doing so will not substantially impair the City's ability to fund the construction, operation and maintenance of any of the projects; and WHEREAS, using the BOB proceeds for the acquisition of new exhibits as well as for the construction of the facility, while consistent with the intent of the Museum Project, may constitute an enhancement of the Project description as contained in the BOB Ordinance; and WHEREAS,accordingly,the Council wishes to formally enhance the scope of the Museum Project to clarify that the Museum Project includes the creation or acquisition of new exhibits for the Institution. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Council hereby finds that the Discovery Science Center has met its obligation to show its financial ability to fund no less than$3,600,000 of the cost of constructing the Museum Project, and that the Museum Project should proceed, -2- Section 2. That the Council hereby enhances the scope of the Museum Project as described in Ordinance No. 092, 2005, to the extent such enhancement may be legally required in order to include in the Museum Project the creation or acquisition of new exhibits for the Institution, and finds that doing so will not substantially impair the City's ability to fund the construction, operation and maintenance of any of the Building on Basics capital projects. Section 3. That the City Manager is hereby authorized to execute the Operating Agreement with the Discovery Science Center in substantially the form as is on file in the City Clerk's Office and dated October 18, 2007, together with such additional terms and conditions as the City Manager,in consultation with the City Attorney,determines to be necessary and appropriate to protect the interests of the City. Passed and adopted at a regular meeting of the Co of the City of Fort llins this 5th day of February A.D. 2008. r 4May ATTEST: City Clerk 3 Section 2. That the Council hereby enhances the scope of the Museum Project as described in Ordinance No. 092, 2005, to the extent such enhancement may be legally required in order to include in the Museum Project the creation or acquisition of new exhibits for the Institution, and finds that doing so will not substantially impair the City's ability to fund the construction, operation and maintenance of any of the Building on Basics capital projects. Section 3. That the City Manager is hereby authorized to execute the Operating Agreement with the Discovery Science Center in substantially the form as is on file in the City Clerk's Office and dated October 18, 2007, together with such additional terms and conditions as the City Manager,in consultation with the City Attorney,determines to be necessary and appropriate to protect the interests of the City. Passed and adopted at a regular meeting of the Co of the City of Fort pins this 5th day of February A.D. 2008. 44 el�-1 �ell � r May r ATTEST: 4,,L�� :�,. .A City Clerk -3-