Agenda Item # 3
Columbus Consolidated Government
Council Meeting
09/09/2008
Agenda Report # 314
TO: Mayor and Council
SUBJECT: Memorandum Of Understanding(MOU) with Riverdale/Porterdale
Cemetery Foundation and the City of Columbus Consolidated
Government
INITIATED BY: Public Services Department
Recommendation: Approval is requested to enter into a Memorandum of
Understanding (MOU) with Porterdale/Riverdale Cemetery Foundation.
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.
Legal: Approval of the Columbus Council is required.
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.
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 9th
Day 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)
Attachments
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