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(A) The City Council declares its intention of maintaining and improving the municipal zoo at its present location, commonly known as Rio Grande Park, in Albuquerque. The City Council recognizes that many people in the community have a special interest in the preservation of and enlargement of the municipal zoo and that some of them have together formed a corporation called "The Zoological Society (Foundation) and Botanical Gardens of Albuquerque, Inc." Membership in this organization is open to everyone and special classifications have been prepared so that membership may be extended, particularly to children and students and that they may be encouraged to develop an interest and understanding of the purposes of the Society.
(B) The Council further finds that the objects and purposes for which the Society is formed are:
(1) To engage in the promotion, encouragement, fostering and cultivation of zoological gardens and museums of natural history in Albuquerque, and the support of a program collecting, exhibiting and maintaining live animals, fowl, insects, fish, amphibians, reptiles, birds and mammals and other species of wildlife in appropriate surroundings and environment inducive to family recreation and education, to stimulate scientific study and research; and to operate exclusively for charitable, scientific or educational purposes.
(2) To solicit, collect, receive, acquire, hold and invest money and property, both real and personal, received by gift, contribution, bequest, devise or otherwise; to sell and convert property, both real and personal, into cash; and to use the funds of this corporation for any of the purposes for which this corporation is formed.
(C) The Council further finds that these purposes of the Zoological Society are consistent and harmonious with the program for development of the Albuquerque Zoo and that the public will be served by coordinating and advancing these common purposes together.
('74 Code, § 11-7-1) (Ord. 80-1968)
The Mayor is authorized to enter into a contract with the Society, defining the respective responsibilities and privileges in order to make the efforts of both the Society and the City effective, and to provide for the protection of property where necessary by insurance, the promotion of education, exchange of exhibits and other activities thereto appertaining. Property of the Society and of the city shall remain as such unless exchanged or disposed of according to law.
('74 Code, § 11-7-3) (Ord. 80-1968)
The Albuquerque Biological Park Advisory Board, hereinafter referred to as the “Board” is established for the following purposes:
(A) To support the development and operation of the Albuquerque Biological Park which includes the BioPark Zoo, BioPark Aquarium, BioPark Botanic Gardens, BioPark Heritage Farm and Tingley Beach.
(B) To serve as a focal point for community input and discussion regarding the needs and development of the Albuquerque Biological Park.
(C) To encourage usage and maintain ongoing community support activities of the facility.
(Ord. 21-1995; Am. Ord. 2020-039)
(A) The Albuquerque Biological Park Advisory Board shall consist of 12 appointed members and one assigned member. There shall be one member of the Board appointed from each City Council District, three members appointed by the Mayor, who serve at large, and one assigned member from the recognized support organization of the New Mexico BioPark Society.
(B) When an appointed vacancy on the Board occurs, the Councilor representing the District in which the vacating member of the Board resides shall nominate two members to the Board who reside in his or her respective Council District and the Mayor shall appoint one of these recommended members; provided, however, if a member is eligible for reappointment to the Board and the Councilor in whose District that member resides desires to reappoint the member, the Councilor shall so notify the Council and the member shall be reappointed subject to the advice and consent of the Council. If a member is not being reappointed, the Mayor shall deliver to the Council the Mayor's recommendation from the two names submitted within 30 days of delivery of the two names to the Mayor. If the Mayor fails to timely make a recommendation from the two names submitted, the Councilor may appoint one of the two recommended members subject to the advice and consent of the Council. The Mayor may notify a Councilor in writing that his or her District member's term has expired or the position is otherwise vacant and the Councilor shall have 60 days to submit two recommended appointments to fill that position. If the Councilor fails to submit two names within 60 days of notification, the Mayor shall have the right to make the appointment subject to the advice and consent of the City Council. The Mayor shall appoint the three at large members to the Board with the advice and consent of the Council. The term of each appointed member shall be three years. The terms of the members shall be staggered so that three members are eligible for reappointment or replacement each year.
(C) Except as provided in this article, the qualifications, appointment and conduct of the members of the Board and any of its subcommittees and the organizational structure of the Board and its subcommittees shall be governed by §§ 2-6-1-1 et seq., the Public Boards, Commissions and Committees Ordinance.
(D) The Board shall establish and adopt bylaws as may be necessary to conduct elections, provide notice of meetings and otherwise govern its proceedings.
(E) Members of the Board shall be broadly representative of all zoological fields. They shall include persons who are widely known for their professional competence and experience in zoology, botany, or the conservation of nature and knowledgeable lay persons.
(F) Appointed members of the Board may not serve on the board of directors for any recognized organization supporting the Albuquerque BioPark except for the position assigned by title described in division (A) of this provision. Each assigned member shall serve on the Board until the term expires with the respective organization.
(G) Conflict of interest. This division (G) supplements § 2-6-1-4. A Board or a subcommittee member having a financial interest in the outcome of any policy, decision, or determination before the Board or subcommittee on which he or she serves shall, as soon as possible after such interest becomes apparent, disclose to each of the other members voting on the matter the nature of his or her financial interest in the issue, and shall be disqualified from participating in any debate, decision or vote relating thereto.
(Ord. 21-1995; Am. Ord. 2020-039)
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