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.
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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
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