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Substituted & rereferred 3/13/07
Withdrawn 8/14/07
1 Introduced by Council President at the request of the
2 Mayor and substituted by the Finance Committee:
3
4
5 ORDINANCE 2007-177-W
6 AN ORDINANCE AUTHORIZING AND DIRECTING THE
7 MAYOR AND CORPORATION SECRETARY TO EXECUTE
8 THAT CERTAIN NAMING AGREEMENT FOR JACKSONVILLE
9 EQUESTRIAN CENTER AND RENAMING THE CITY
10 FACILITY TO “SEMANIK EQUESTRIAN CENTER OF
11 JACKSONVILLE” (LOCATED IN COUNCIL DISTRICT
12 12); AMENDING ORDINANCE SECTION 111.110,
13 ORDINANCE CODE, TO CHANGE THE NAME OF THE
14 TRUST FUND FROM “CECIL EQUESTRIAN CENTER
15 CAPITAL IMPROVEMENT TRUST FUND” TO “SEMANIK
16 EQUESTRIAN CENTER OF JACKSONVILLE CAPITAL
17 IMPROVEMENT TRUST FUND;” APPROPRIATING
18 $920,000 ($75,000 FOR PAYMENT OF THE CITY’S
19 OBLIGATIONS ARISING FROM THE NAMING AGREEMENT,
20 $290,000 TO ESTABLISH A CONTINGENCY FUND FOR
21 THE EQUESTRIAN CENTER PHASE II PROJECT, AND
22 $555,000 SEMANIK EQUESTRIAN CENTER CAPITAL
23 IMPROVEMENT RESERVE), ALL AS INITIATED BY
24 REVISED B.T. 07-104; PROVIDING FOR THE
25 REVERSION OF UNUSED FUNDS TO THE TRUST FUND;
26 AMENDING THE 2006-2011 FIVE YEAR CAPITAL
27 IMPROVEMENT PROGRAM APPROVED BY ORDINANCE
28 2006-789-E FOR THE PROJECT ENTITLED
29 “EQUESTRIAN CENTER PHASE II”; WAIVING THE
Substituted 3/13/07
1 PROVISIONS OF SECTION 126.204, ORDINANCE CODE,
2 TO PERMIT THE CITY’S DIRECT NEGOTIATION AND
3 SALE OF THE NAMING RIGHTS OF THE CITY’S
4 EQUESTRIAN CENTER IN LIEU OF A COMPETITIVE
5 SOLICITATION IN ORDER TO EFFECTUATE THE
6 PROVISIONS OF THE NAMING AGREEMENT; WAIVING
7 THE PROVISIONS OF SECTION 122.102, ORDINANCE
8 CODE, TO ALLOW THE NAMING OF THE CITY FACILITY
9 FOR A LIVING PERSON (JOHN A. [SANDY] SEMANIK)
10 IN ORDER TO EFFECTUATE THE PROVISIONS OF THE
11 NAMING AGREEMENT; PROVIDING AN EFFECTIVE DATE.
12
13 WHEREAS, the City of Jacksonville (the “City”) is the owner of
14 the Cecil Equestrian Center and related facilities (the “Equestrian
15 Center”);
16 WHEREAS, the City, through the Northeast Florida Equestrian
17 Society, Inc., has arranged for the sale of the naming rights to
18 the Equestrian Center (located in Council District 12) to John A.
19 (Sandy) Semanik to rename the facility to “Semanik Equestrian
20 Center of Jacksonville,” pursuant to that certain Naming Agreement
21 by and between the City and Northeast Florida Equestrian Society,
22 Inc.; Now, therefore,
23 BE IT ORDAINED by the Council of the City of Jacksonville:
24 Section 1. Naming Agreement. The recitals set forth above
25 are incorporated herein by this reference, and the Mayor and
26 Corporation Secretary are hereby authorized to execute that certain
27 Naming Agreement by and between the City and Northeast Florida
28 Equestrian Society, Inc. (with the joinder and consent of John A.
29 Semanik as the donor) in substantially the form as placed REVISED
30 ON FILE with Legislative Services, and to execute any and all
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Substituted 3/13/07
1 documents necessary to complete the transaction contemplated in the
2 Naming Agreement.
3 Section 2. Amending Name of Trust Fund. Section 111.110,
4 Ordinance Code, is amended to change the name of the fund and
5 therefore read as follows:
6 Sec. 111.110. Cecil Semanik Equestrian Center of Jacksonville
7 Capital Improvement Trust Fund.
8 There is hereby created the Cecil Semanik Equestrian Center of
9 Jacksonville Capital Improvement Trust Fund, a permanent, ongoing
10 trust fund of the City, which shall carry forward each fiscal year.
11 The fund is authorized to accept gifts, fees, and other donations.
12 Monies deposited in the fund, together with any interest accrued
13 thereon, shall be expended only for the specific purpose of
14 financing capital improvements to the Cecil Semanik Equestrian
15 Center of Jacksonville. Subject to appropriation by the Council,
16 the Director of Administration and Finance is authorized and
17 directed to make disbursements from the fund. This fund shall be
18 reviewed by the City Council five years after adoption.
19 Section 3. Appropriation. For the 2006-2007 fiscal year,
20 within the City’s budget, there are hereby appropriated the
21 indicated sum(s) from the account(s) listed in subsection (a) to
22 the account(s) listed in subsection (b) (See Amended B.T. 07-104,
23 attached hereto as Revised Exhibit 1 and made a part hereof):
24 (a) Appropriated from:
25 See Amended B.T. 07-104 $920,000
26 (b) Appropriated to:
27 See Amended B.T. 07-104 $920,000
28 Section 4. Purpose. The purpose of this appropriation is
29 to provide funding for City’s obligations to install certain
30 signage and related improvements as set forth in the Naming
31 Agreement (estimated to be $75,000), establishing a $290,000
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Substituted 3/13/07
1 contingency fund for the Equestrian Center Phase II Project, and to
2 establish $555,000 Semanik Equestrian Center Capital Improvement
3 reserve, all as initiated by Revised B.T. 07-104.
4 Section 5. Reverter. Any and all unused balance remaining
5 after the City completes its obligations set forth in the Naming
6 Agreement, and after the City completes the Equestrian Center Phase
7 II Project, shall revert to the Semanik Equestrian Center of
8 Jacksonville Capital Improvement Trust Fund.
9 Section 6. CIP Amendment. Ordinance 2006-789-E, being the
10 2006-2011 Five-Year Capital Improvement Program for the City and
11 certain of its independent agencies, is hereby amended for the
12 project entitled “Equestrian Center Phase II.” This project is
13 described on the page in Revised Exhibit 2, attached hereto and by
14 this reference made a part hereof, and shall constitute an
15 amendment to Ordinance 2006-789-E. In all other respects, the
16 2006-2011 Five-Year Capital Improvement Program is continued in
17 full force and effect for the 2006-2007 fiscal year.
18 Section 7. Section 126.204, Ordinance Code, Ordinance
19 Code Waived or Exception Provided. The provisions of Section
20 126.204, Ordinance Code, are hereby waived to permit the City’s
21 direct negotiation and sale of the naming rights of the City’s
22 facility (the Equestrian Center) in lieu of a competitive
23 solicitation such as issuing a request for proposals, in order to
24 complete the naming rights transaction initiated by Northeast
25 Florida Equestrian Society, Inc., and sale of said naming rights to
26 John A. (Sandy) Semanik, for the benefit of the Equestrian Center
27 and in order to effectuate the provisions of the Naming Agreement.
28 Section 8. Section 122.102, Ordinance Code, Ordinance Code
29 Waived or Exception Provided. The provisions of Section 122.102,
30 Ordinance Code, are hereby waived for the naming of the City
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Substituted 3/13/07
1 facility for a living person (John A. Semanik) in order to
2 effectuate the provisions of the Naming Agreement.
3 Section 9. Effective Date. This Ordinance shall become
4 effective upon signature by the Mayor or upon becoming effective
5 without the Mayor's signature.
6
7 Form Approved:
8
9 ____/s/ Margaret M. Sidman__________
10 Office of General Counsel
11 Legislation Prepared By: Karen M. Chastain
12 9/4/10 G:\SHARED\LEGIS.CC\2007\sub\2007-177 Equestrian Center Finance Sub.doc
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