Label
Toledo Botanical Garden - Metroparks Conveyance
Gretchen Debacker (x1001)
Title
Authorizing the Mayor to execute and deliver needed instruments for the conveyance of 60 acres of City-owned real property known as the Toledo Botanical Garden, 5403 Elmer Drive, Toledo, Lucas County, Ohio, to the Board of Park Commissioners of the Metropolitan District of the Toledo Area; waiving the notice and competitive bidding requirements of T.M.C. 187.19; making certain findings with respect thereto; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
This Ordinance authorizes the conveyance of the Toledo Botanical Garden to the Metroparks of the Toledo Area for the purpose of the preservation and uninterrupted continued enjoyment of this public asset as a botanical garden.
This Ordinance does not require the expenditure of funds by the City and will have no budget impact.
The real property now known as Toledo Botanical Garden began in 1964 with the donation of 20 acres of private land to the City of Toledo by George P. Crosby for the purpose of creating a public park. In 1967, the City established the George P. Crosby Park Board to oversee the operation of and programming at the newly-opened garden.
Since 2006, The Toledo Botanical Garden has been operating under the direction of a Board with no budget assistance from the City of Toledo.
The agreement of the parties (TBG, Metroparks Toledo and Toledo GROWS) has been operational since mid-2017.
Summary
NOW, THEREFORE, Be it ordained by the Council of the City of Toledo:
SECTION 1. That the Mayor is authorized to execute and deliver needed instruments with the Board of Park Commissioners of the Metropolitan Park District of the Toledo Area (“Park District”) for the purpose of the conveyance of the Toledo Botanical Garden as described on Exhibit “A” attached hereto, subject to final review and approval of legal description and survey, to the Park District for the preservation and continued operation as a public botanical garden.
SECTION 2. That the Park District will maintain Toledo Botanical Garden according to best practices of the American Public Garden Association (APGA).
SECTION 3. That the Mayor and other appropriate City officials are further authorized to enter into and execute any such other agreements, instruments, and documents, including, but not limited to, the conveyance or acceptance of real estate, real property interest, and/or easements, and take other such actions as may be necessary and appropriate to effectuate the conveyance of the Toledo Botanical Garden to the Park District upon such terms and conditions as, in the opinion of the Mayor and the Director of Law, are in the best interests of the City of Toledo.
SECTION 4. That it is found and determined that the real property and/or interest in the real property, easements, or right-of-way to be conveyed pursuant to the real property which are not needed for a municipal purpose, and the disposition of the Toledo Botanical Garden to the Park District is in the best interest of the City; that disposition of said real property without competitive bidding is appropriate considering the benefits realized by the public through the Park District’s ownership, operation and maintenance of the Botanical Garden.
SECTION 5. Excluded from the conveyance shall be the sculptures located at the Toledo Botanical Garden. Said sculptures shall remain the property of the City of Toledo and shall continue to be curated by the Arts Commission of Greater Toledo in accordance with Chapter 167 of the Toledo Municipal Code.
SECTION 6. That this Council approves the conveyance provided for, notwithstanding as an exception to the notice, publication, and bidding provisions of Section 187.19 of the Toledo Municipal Code, and the same are waived.
SECTION 7. It is found and determined that all actions of Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council and that all deliberations of this Council and of any of its committees or subcommittees that resulted in such formal action or meetings open to the public in compliance with law.
SECTION 8. That this Ordinance is declared to be an emergency measure and shall be in force and effect from and after its passage. The reason for the emergency lies in the fact that the same is necessary for the preservation of the public peace, health, safety, and welfare and for further reason that this Ordinance must be immediately effective in order to facilitate the timely conveyance and uninterrupted operation and maintenance of the Toledo Botanical Garden for the benefit of the public and the City.
Vote on emergency clause: yeas _____, nays _____.
Passed: _________________, as an emergency measure: yeas _____, nays _____.
Attest: ________________________ __________________________________
Clerk of Council President of Council
Approved: _____________________ __________________________________
Mayor
I hereby certify that the above is a true and correct copy of an Ordinance passed by Council ________________________.
Attest: ________________________
Clerk of Council