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Agenda Item #3

Columbus Consolidated Government

Council Meeting

9/9/2008


To
Mayor and Council
Subject
Memorandum Of Understanding(MOU) with Riverdale/Porterdale Cemetery Foundation and the City of Columbus Consolidated Government
Initiator
Public Services Department
Recommendation
Approval is requested to enter into a Memorandum of Understanding (MOU) with \n \n Porterdale/Riverdale Cemetery Foundation.
Approval
Approved
Background
The MOU between Riverdale/Porterdale Foundation and the City has been reviewed

by the City Attorney?s office. The Foundation will assist the Columbus Cemetery

Division in restoring, enhancing and improving Riverdale, Porterdale, and East

Porterdale Cemeteries.
Analysis
Adopting this resolution would help the enhancements of the City Cemeteries at

no additional cost to the Columbus Consolidated Government.
Financial Considerations
All monies raised by the Riverdale/Porterdale Foundation will go towards

capital improvements and landscape maintenance in all three of the City

cemeteries.

Projected Annual Fiscal Impact Statement
Legal Considerations
Approval of the Columbus Council is required.
Recommendations/ Actions
Public Services recommend the approval of the above resolution.



A RESOLUTION



NO. ________





A RESOLUTION AUTHORIZING TO ENTER INTO A MEMORANDUM OF UNDERSTANDING (MOU) WITH

RIVERDALE-PORTERDALE CEMETERY FOUNDATION TO IMPLEMENT ENHANCEMENTS AT RIVERDALE

AND PORTERDALE CEMETERIES.



WHEREAS, this MOU sets forth the general agreements and understandings by

and between the Columbus Consolidated Government (the ?City?) and

Riverdale-Porterdale Cemetery Foundation, Inc., a Georgia non-profit

corporation (the ?Foundation?), regarding a working relationship for the

restoration and enhancement of Riverdale Cemetery, Porterdale Cemetery and East

Porterdale Cemetery (collectively, the ?Cemeteries?; and,



WHEREAS, the Riverdale-Porterdale Cemetery Foundation understands the

City will maintain authority over the cemetery, the foundation will have

primary responsibility for raising fund; and,



WHEREAS, to achieve the goal of enhancing the cemeteries, and to raise

funds successfully for improvements, the Foundation will assure all funds

raised by the Foundation will be effectively and efficiently used towards the

enhancements of the cemeteries and adequately maintained to protect capital

outlays; and,



WHEREAS, the City and the Foundation will work together with all other

interested parties to carry out the terms and conditions of this Memorandum of

Understanding.



NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA, HEREBY RESOLVES AS FOLLOWS:



That the City Manager is hereby authorized to enter into a Memorandum of

Understanding with Riverdale-Porterdale Cemetery Foundation, Inc., regarding a

working relationship for the restoration and enhancement of Riverdale Cemetery,

Porterdale Cemetery and East Porterdale Cemetery. A copy of the MOU is

attached.



Introduced at a regular meeting of the Council of Columbus, Georgia,

held the 9thDay of September 2008, and adopted at said meeting by the

affirmative vote of ________ members of said Council.



Councilor Allen voting __________.

Councilor Anthony voting __________.

Councilor Baker voting __________.

Councilor Barnes voting __________.

Councilor Davis voting __________.

Councilor Henderson voting __________.

Councilor Hunter voting __________.

Councilor McDaniel voting __________.

Councilor Turner Pugh voting __________.

Councilor Woodson voting __________.





______________________________

________________________

Tiny Washington, Clerk of Council Jim Wetherington, Mayor











MEMORANDUM OF UNDERSTANDING

BETWEEN

THE COLUMBUS CONSOLIDATED GOVERNMENT AND

RIVERDALE-PORTERDALE CEMETERY FOUNDATION, INC.







This Memorandum of Understanding sets forth the general agreements and

understandings by and between the Columbus Consolidated Government (the ?City?)

and Riverdale-Porterdale Cemetery Foundation, Inc., a Georgia nonprofit

corporation (the ?Foundation?), regarding a working relationship for the

restoration and enhancement of Riverdale Cemetery, Porterdale Cemetery and East

Porterdale Cemetery (collectively, the ?Cemeteries?) this ______ day of

__________, 2008.



WHEREAS, the City and the Foundation understand, agree and acknowledge

that the Cemeteries are, now and in the future, public cemeteries and that any

and all improvements and policies, existing or contemplated, shall be

undertaken in the best interests of the citizens of the City; and



WHEREAS, the City and the Foundation seek to establish a working

relationship for the purpose of enhancing the Cemeteries. Enhancement of the

Cemeteries includes capital improvements, restoration of elements within the

Cemeteries, landscape improvements, improved maintenance, improved security,

the establishment of visitor facilities, as well as educational, cultural and

recreational programs; and



WHEREAS, two major premises shall guide this working relationship:



(1) The City will maintain its authority over the Cemeteries in

carrying out its responsibility to the public and to cemetery lot owners, and

this authority will be exercised in a good faith spirit of cooperation with the

Foundation.



(2) The Foundation will have primary responsibility for raising

additional funds for the Cemeteries and will oversee the use of funds it raises

consistent with the desire to enhance the landscaping and restoration of

various elements within the Cemeteries; and



WHEREAS, to achieve the goal of enhancing the Cemeteries, and to raise

funds successfully for improvements in the Cemeteries, three major issues must

be addressed:



(1) Assurance that all funds raised by the Foundation that are

committed to the landscaping, restoration and improvement of the Cemeteries

will be used effectively, efficiently and as intended.



(2) Assurance that capital improvements implemented will be adequately

maintained to protect the capital outlays.



(3) Assurance that security will be adequate to assure the public

safety in the Cemeteries for all people, in all places and at all times; and



WHEREAS, the City and the Foundation will work together and with all

other interested parties to provide these assurances.





NOW THEREFORE, BE IT FURTHER RESOLVED, the City and the Foundation

understand and agree that to achieve the goals and objectives described,

subject to the provisions of applicable laws, the following assurances are made:



Section 1: The City will:



(1) Maintain the full range of existing commitments (financial, public

safety, maintenance, utilities, etc.) and provide a letter reflecting that

commitment when asked for by the Foundation for use in its fund-raising

activities.



(2) Continue ongoing efforts to improve existing capital assets and

provide new capital improvements, programming and other initiatives for the

Cemeteries.



(3) Provide skilled maintenance crews as required for the enhancement

and upkeep of the Cemeteries.



(4) Maintain adequate public security for the Cemeteries.



(5) Cooperate with the Foundation in the Foundation?s activities held

in the cemeteries and in its efforts to establish and maintain the Riverdale

building to provide historical and educational information.



(6) Coordinate all of its activities involving the Cemeteries through

the City?s Cemeteries Division Chief, who shall be an ex-officio member of the

Foundation?s Board of Trustees.



(7) Notwithstanding the provisions of this Section 1, the City?s

obligations under this Memorandum of Understanding are made subject to the

limitations and requirements of (a) all laws, regulations and ordinances

relating to the subject matter hereof, and (b) subsequent budget allocations as

adopted by the Council of Columbus, Georgia and approved by the Mayor.



Section 2: The Foundation will:



(1) Continue fund-raising efforts to support initiatives for enhancing

the Cemeteries.



(2) Develop proposals and plans, including a comprehensive

preservation plan, based on available funds, for capital improvements,

programming and other improvements to the Cemeteries.



(3) Support maintenance and programming activities necessary to

improve and protect the Cemeteries.



(4) Serve as the primary catalyst for all other interested parties

desirous of becoming involved in the restoration and enhancement of the

Cemeteries through advocacy, volunteerism and fund-raising activities.





Section 3: The City will have responsibility for policy decisions

governing the Cemeteries in a manner consistent with this Memorandum of

Understanding, and all such decisions will be communicated through and

implemented under the supervision of the Cemeteries Division Chief.



Section 4: The Foundation will have responsibility for the utilization

of the funds it raises. Any assets purchased by the Foundation for location at

the Cemeteries shall become property of the City.



Section 5: The City and the Foundation agree to work jointly with all

other interested parties in the implementation of funding initiatives and

capital improvements.



Signed by the following representatives of the City and the Foundation,

as duly authorized by the City and Foundation, respectively:



COLUMBUS CONSOLIDATED GOVERNMENT





By ____________________________________

[City Manager]



(SEAL)









RIVERDALE-PORTERDALE CEMETERY

FOUNDATION, INC.





By ____________________________________

D. Hal Averett, President



(SEAL)




No attachments for this document.