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HomeMy WebLinkAboutOrdinance 22926-09-2017 Ordinance No. 22926-09-2017 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE AMOUNT OF $56,000.00 IN THE GENERAL CAPITAL PROJECTS FUND, FROM AVAILABLE FUNDS, FOR THE PURPOSE OF INSTALLATION AND RELOCATION OF UTILITIES ASSOCIATED WITH THE DEVELOPMENT OF THE ZOO SHOP & WAREHOUSE PROJECT; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That in addition to those amounts allocated to the various City departments for Fiscal Year 2016-2017 in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the General Capital Projects Fund by $56,000.00, from available funds, for the purpose of installation and relocation of utilities associated with the development of the Zoo Shop&Warehouse project. SECTION 2. That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect. SECTION 3. That this ordinance shall be cumulative of Ordinance 22394-09-2016 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. SECTION 4. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: CITY SECRETARY i DouglasV Black Mary J. Kay r Sr. Assistant City Attorney ADOPTED AND EFFECTIVE: September 26, 2017 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-264186 Fort Worth Zoological Association Fort Worth, TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 09/22/2017 being filed. City of Fort Worth Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 101087 Construction of Public&City Utilities-Elephant Springs Project Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Deen, Megan Fort Worth,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. 4w` KELLEY J ERWIN J�, Notary ID n Expires My Commission Expires /1 44 oF June 29, 2020 J v` Signature of thorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE /1/' Swor and subscribed before me,by the said ` ,this the ' day of `�'Y 20 to certifywhich,h,witness my hand and seal of office. 0Pi +4 : i -, ,Liliu Kei (hij -Fiii,(A)-- v hiL ignatur: of of .4:dministering oathPrinted nameofficer administering oath Title of office a ministering oath Forms provided by Texas Ethics Commission www.ethics,state.tx.us Version V1,0.3337 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-264185 Fort Worth Zoological Association Fort Worth,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 09/22/2017 being filed. City of Fort Worth Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 101087 Construction of Public&City Utilities-Shop&Warehouse Project Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Deen, Megan Fort Worth,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 i‘ s ��.a — as 4, �,JY, I swear, or affirm,under penalty of perjury,that the above disclosure is true and correct. '�p tt KELLEY J ERWIN Notary ID # 7515469 '-I My Commission Expires ( ��'�`_ 8'na E,,y June 29, 2020 t1U �iVO"w Signature of a horized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE //,'0— Dee4/1 , /10 . Sworn o and subscribed before me,by the said f this the day of 20 I ,to certify which,witness my hand and seal of office, fit a. . \ V-die . af„ui/.//k Aota2[4, (;L Sign to • of oil • ad iinistering oath Printed nam of officer administering oath Title of off 6administering oath Forms provided by exas Ethics Commission w.wi.ethics.state,tx,us Version V1.0,3337 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/26/2017 - Ordinance 22926-09-2017 DATE: Tuesday, September 26, 2017 REFERENCE NO.: **C-28408 LOG NAME: 80ZOO SHOP AND WAREHOUSE UTILITIES SUBJECT: Authorize Transfer in Fiscal Year 2017 from the General Fund to the General Capital Projects Fund, Authorize Execution of Two Infrastructure Construction Agreements with the Fort Worth Zoological Association in the Combined Amount Up to $970,152.47 for the Installation and Relocation of Utilities Associated with the Development of the Shop and Warehouse Building and the Elephant Springs Exhibit and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer from the General Fund to the General Capital Projects Fund in Fiscal Year 2017 in the amount of$56,000.00 for funding of the Infrastructure Construction Agreement with the Fort Worth Zoological Association for the Shop & Warehouse project; 2. Adopt the attached appropriation ordinance increasing receipts and appropriations in the Fiscal Year 2017 General Capital Projects Fund by $56,000.00 from available funds; 3. Authorize the execution of an Infrastructure Construction Agreement with the Fort Worth Zoological Association in the amount of$309,169.06 for the installation and relocation of utilities associated with the development of the Shop & Warehouse project; and 4. Authorize the execution of an Infrastructure Construction Agreement with the Fort Worth Zoological Association in the amount of$660,983.41 for the installation and relocation of utilities associated with the development of the Elephant Springs Exhibit. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the City Manager to execute two separate Infrastructure Construction Agreements with the Fort Worth Zoological Association (Zoo Association) to provide for the installation and relocation of utilities associated with the development of the Shop and Warehouse project and the Elephant Springs Exhibit project. On April 27, 2010, (M&C C-24194) the City Council authorized a Management Agreement (Fort Worth Contract No. 40564) with the Zoo Association for the management, operation and development of the Fort Worth Zoo. Under the terms of the Management Agreement, Section 8.04, the City has the responsibility to relocate or alter basic utilities to accommodate any construction or modifications at the Zoo such as sanitary sewer, water, communications, gas and electricity. In addition, the City, for these projects, has agreed to fund additional stormwater and related paving improvements. The Shop &Warehouse Infrastructure Construction Agreement provides for the City to fund utility work estimated to in the amount of$309,170.00. The Elephant Springs Exhibit Infrastructure Construction Logname: 80ZOO—SHOP AND WAREHOUSE UTILITIES Page I of 2 Agreement provides for the City to fund utility work estimated in the amount of$661,000. Funding is summarized in the table below: Shop & WarehouseE� lephant Springs I FY 2017 GENERAL FUND 56,000.00 - [FY 2017 PAYGO 153,170.00 - [FY 2018 GENERAL FUND* 100,000.00 - FY 2018 PAYGO* - $661,000.00 [TOTAL F$309,170.00 $661,000.00 * Subject to approval of the Fiscal Year 2018 budget. The Fort Worth Zoo is located in COUNCIL DISTRICT 9 and is classified as a Special-Use Facility that serves on a City-wide and regional basis. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that that upon approval of the above recommendations, and adoption of the attached Appropriation Ordinance, funds in the amount of$209,170.00 will be available in the General Capital Projects Fund. Upon adoption of the Fiscal Year 2018 budget, an additional $100,000 is anticipated to be available in the General Fund and an additional $661,000 is anticipated to be available in the General Capital Project Fund. The Infrastructure Construction Agreements with the Fort Worth Zoological Association will include language that allows the City to cancel our obligations to the Zoological Association should the appropriations not exist to fulfill our funding commitments under the agreements. The Department has the responsibility to validate the availability of funds prior to an expenditure or commitment being made. FUND IDENTIFIERS (FIDS): TO Fund Department ccoun Project JProgram ctivity Budget Reference # moun ID ID Year ChartFeld 2 FROM Fund Department ccoun Project JProgram ctivity Budget Reference # moun ID ID Year Chartfield 2 CERTIFICATIONS: Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Richard Zavala (5704) Additional Information Contact: David Creek (5744) Logname: 80ZOO SHOP AND WAREHOUSE UTILITIES Page 2 of 2