ORDINANCE NO. ORDINANCE DESIGNATING AND APPROVING VARIOUS USES AND PURPOSES FOR THE PARK, KNOWN AS OVERTON PARK PURSUANT TO SECTION 579.1 OF THE CHARTER AND TO RATIFY THE MARCH 1, 2016 MEMPHIS CITY COUNCIL RESOLUTION DESIGNATING AND APPROVING VARIOUS USES AND PURPOSES FOR THE PARK, KNOWN OVERTON PARK AS MODIFIED BY THIS ORDINANCE NUNC PRO TUNC TO THE EFFECTIVE DATE OF SAID RESOLUTION WHEREAS, the City?s Cbarter grants the mephis City Council the sole authority to acquire and dedicate lands for park purposes and to create a Park Commission or a separate division of City government to manage and maintain. all jparks, playgrounds, recreational areas or centers, park or recreational facilities, parkways, boulevards, devices, concessions or any properties, projects, budgets or operations now or at any time devoted to or designated for use or used for park purposes or as part of the park system within the City subject to the rules, regulations and limitations adopted by the Council from time to time. the Memphis City' Council has by ordinance rescinded the authority, jurisdiction and control of the Memphis Park Commission over parks, playgrounds, recreational areas or centers, park or recreational facilities, parkways, boulevards, devices, concessions or any properties, projects, budgets or operations now or at any time devoted ix; or designated for or used for park purposes and transferred such authority, jurisdiction and control to a newly created division of City government now known as the Division of Park Services; WHEREAS, the (City?s Charter? grants the i?emphis tCity Council ii?j_ power enwi authority em: and from time ix) time ix) provide km; ordinance resolution the rules, regulations and provisions to govern the control, maintenance, management, conduct or operation by the City of any of the parks, playways, playgrounds, recreational centers or park or recreational facilities, devices, concessions or any properties, projects or operations now City Council Ordinance Page 1 or at any time devoted to or designated for use or used for park purposes or as part of the park system of the City of Memphis; WHEREAS, the City's Charter expressly grants the Memphis City Council full power and authority from time to time by resolution or ordinance to limit, restrict and to change or entirely terminate the use or operation of any parks, playways, playgrounds, recreational centers or park or recreational facilities, devices, concessions or any properties, projects or operations now or at any time devoted to or designated for use or used for park purposes; WHEREAS, Overton Park is 51 part of the Memphis Park System and is presently subject to multiple separate and distinct uses; WHEREAS, the Memphis City Council does hereby desire to provide for the uses and operations authorized within the City?s park, now known as CWerton Park, to insure that the City?s park is available for the peaceful use, pleasure and recreation of all citizens of the City and all visitors of the City; WHEREAS, the Memphis City Council did by Resolution adopted March 1, 2016 designate and approve Various Uses And Purposes For The City?s Park, Known As Overton Park (the ?Resolution?) and directed the Council?s attorney to procure the necessary surveys and/or legal descriptions of the certain areas designated therein and make a record of such legal descriptions of those areas designated in the Resolution; WHEREAS, the Memphis City Council does desire, by this Ordinance, to record more detailed legal descriptions of the areas designated and approved by the Council in the Resolution and to restate its designation and approval as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE MEMPHIS CITY COUNCIL AS FOLLOWS: City Council Ordinance Page 2 1. Findings. The Council finds that a)Presently, Overton Park is used to house a zoo, a college of art, an outdoor entertainment complex, a museum of art, a golf course and City buildings and facilities and is also used for general recreation purposes. b)Unlike most neighborhood parks in the City, many of the uses in Overton Park are designed to attract usage by Memphians from all areas of the City and by visitors from the Metropolitan Statistical Area and beyond. c)The Zoo, for example has the greatest usage Lby citizens and visitors of any of the other various activities in the Park; Allocation of Uses of Overton Park. In order to guide the long?range planning for the development, preservation and protectbmu of all the present uses of the City?s Park, known an; Overton Park, tine Council does hereby specifically? delineate define and regulate the various areas (Hf the City?s Park anui the uses and operations authorized in such delineated areas. The overview of the allocate uses is reflected on Exhibit attached hereto and made a part hereof by reference. To extent the Council is not in possession of a legal description prepared by a licensed engineer for any parcel the areas delineated on Exhibit shall control until a conforming legal description is prepared. 3. The City's Zoo. The area described on collective Exhibit attached hereto and incorporated herein by reference, but specifically excluding Rainbow Lake, shall be devoted ikn: zoo purposes only aumi may house and be used for zoo operations, parking' and appurtenant buildings and facilities, except that no capital additions, removal of trees or shrubs, permanent improvements, paving, plantings (It permanent structures to that portion of the Greensward identified on Exhibit shall be rmxka by the (Hi3; or any other person or City Council Ordinance Page 3 entity without the prior consent and approval of the Memphis City Council. 4. The Brooks Museum of Art. The area defined on Exhibit attached hereto and incorporated herein by reference shall be devoted for use as an art museum only and may house and be used for museum operations, ancillary activities, parking and appurtenant buildings and. facilities. The :parking area described, identified and/or shown on Exhibit may be used by the museum as and when needed on a priority basis to the exclusion of all other uses and without interference from any other person or entity. 5. The Memphis College of Art. The area defined on Exhibit attached hereto and incorporated herein by reference shall be devoted for use by the Memphis College of Art only and may house and be used for its operations, parking and appurtenant buildings and facilities. 6. The Levitt Shell. The area defined on Exhibit attached hereto and incorporated herein by reference shall be devoted for use as an outdoor entertainment facility eumi for general recreational usage inuni it is not being used for outdoor entertainment purposes and may house and be used for outdoor entertainment operations, parking and appurtenant buildings and facilities. 7. The Overton Park Golf Course. The area described on Exhibit presently used by the City as a nine (9) hole municipal golf course, but excluding the forest areas shall continue ix} be devoted for use in/ the City for that purpose and may house its operations, parking and appurtenant buildings and facilities. 8. City Buildings and Fire Station. The area defined on Exhibits and attached hereto and incorporated herein by reference shall be devoted exclusively for City purposes and operations as the City administration shall determine from time to time. 9. General Recreation Areas. All areas not heretofore dedicated in this Ordinance for uses by the City Council Ordinance Page 4 City?s zoo, art museum, education facilities, outdoor entertainment, golf and municipal operations shall be devoted exclusively for general recreation uses and purposes, including parking and appurtenant buildings and facilities. 10. Zoo Operations. The Council does hereby ratify, affirm and approve in all respects the right and authority of the operators and patrons of the City?s Zoo to use the portion of the Greensward described, identified and/or shown on Exhibit for parking as and when needed on a priority basis to the exclusion of all other uses and without interference from any other person or entity. 11. Prior Agreements and Directives. Except as set forth in paragraph 12 hereof, any contracts, agreements, understandings, orders, regulations, pronouncements, and resolutions now existence, relating ix} Overton Park shall not be affected by this Ordinance. 12. Conflicting Provisions. This Ordinance establishes prescribed uses and regulations for designated areas the park. Netwithstanding paragraph 11 hereof to the contrary, any and all contracts, agreements, understandings, orders, regulations, pronouncements, and resolutions that prescribe uses for the park cm: any portions thereof that are inconsistent with or in conflict with the uses of the park prescribed by this Ordinance are hereby declared rescinded, revoked and ineffective to the extent of such conflict or inconsistency. As modified by this Ordinance, the Resolution is hereby superceded and replaced. 13. Effective Date. This Ordinance shall take effect from and. after the date it shall have been. passed. by' the Council, signed by the Chairman of the Council, certified and delivered tx3 the Office (IE Mayor i11 writing by the comptroller and become effective as otherwise provided by law. From and after the effective date of this Ordinance, the Division of Park Services shall see that the provisions of this Ordinance are observed and enforced to City Council Ordinance Page 5 insure the peaceful use and enjoyment of the City?s Park, now known as Overton Park, by all of the City?s citizens and. by' all of its visitors for the ?use and. purposes herein delineated. l4. MOdification. The uses prescribed in/ this Ordinance may be amended or modified only by resolution or ordinance of the Council that expressly identifies the portion or jportions of this Ordinance that are being modified or changed. 15. Headings. Any headings precedimg the text of the several paragraphs and sections hereof shall be solely for convenience of reference and shall not constitute a part of this Ordinance, nor shall such headings affect the meaning, construction effect of the text of this Ordinance. 16. Future Park Developments. Nothing in this Ordinance precludes all the various managers of portions of the Park or the City Administration from discussing and jointly presenting to the Council for approval potential enhancements to the park as a whole. In fact, the Council encourages such discussions and interactions. 16. Severabilityu The provisions (Hf this Ordinance are hereby severable. If any of the sections, provisions, sentences, clauses, phrases, or parts are held unconstitutional or void, the remainder of this Ordinance shall continue in full force and effect. Sponsor: Kemp Conrad KEMP CONRAD CHAIRMAN (thCoune?Chr?nance Page? MAPS AND LEGAL DESCRIPTIONS TO BE PROVIDED BEFORE ADOPTION OF ORDINANCE City Council Ordinance Page 7