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HomeMy WebLinkAboutOrdinance 19918-09-2011Ordinance No. 19918-09-2011 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE SPECIALLY FUNDED CAPITAL PROJECTS FUND IN THE AMOUNT OF $250,000.00, FROM AVAILABLE FUNDS, FOR THE PURPOSE OF PARTIALLY FUNDING THE COSTS ASSOCIATED WITH ACCESSIBILITY IMPROVEMENTS TO THE JAPANESE GARDEN IN THE FORT WORTH BOTANIC GARDEN; 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 2010 -2011 in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of $250,000.00, from available funds, for the purpose partially funding costs associated with accessibility improvements at the Japanese Garden in the Fort Worth Botanic Garden. 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 No. 19355 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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 S [7AND LEGALITY: 1 City ADOP"ITD AND EEEE,CTIVE: September 20 201 1 \ � z ® C ƒ m© ! /+ 4� ; § ��a ■a ,. G2 2k �§ z) &© // G§ kk 7j ��/ City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved; on 9/2012011 » Ordinance No. 19918 - 09.2011 DATE: Tuesday, September 20, 2011 REFERENCE NO.: G -17392 LOG NAME: 80ADA IN THE JAPANESE GARDEN SUBJECT: Authorize Third Amendment to City Secretary Contract No. 32788 with the Fort Worth Botanical Society, Inc., to Provide for Construction of Accessibility Improvements to the Japanese Garden with City Participation in the Amount of $250,000.00 from the Risk Management Fund, Accept Donation of Society's Contribution Toward Improvements Valued at Approximately $350,000.00, Authorize Transfer of Funds and Adopt Appropriation Ordinance (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute a Third Amendment to City Secretary Contract No. 32788 with the Fort Worth Botanical Society, Inc., to allow the Fort Worth Botanical Society, Inc., to award and administer contracts for the construction of accessibility improvements to the Japanese Garden at the Fort Worth Botanic Garden with City participation in the amount of $250,000.00 from the Risk Management Fund; 2. Authorize the transfer of $250,000.00 from the Risk Management Fund to the Specially Funded Capital Projects Fund to partially cover costs associated with accessibility improvements to the Japanese Garden at the Fort Worth Botanic Garden; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of $250,000.00; and 4. Upon completion of accessibility improvements, accept donation of the Fort Worth Botanical Society, Inc.'s contribution to the project, which is valued at approximately $350,000.00. DISCUSSION: The purpose of this M &C is to enable the City of Fort Worth to address accessibility issues at the Japanese Garden at the Fort Worth Botanic Garden. The Mayor and Council Communication (M &C) authorizes the City Manager to execute an Amendment to the current License Agreement between the City and the Fort Worth Botanical Society, Inc. (Society), to allow the Society to award and administer contracts for the construction of the needed accessibility improvements. The Second step is to provide for City participation in the project in the amount of $250,000.00 from the Risk Management Fund and to authorize fund transfers and adopt appropriation ordinances to allocate City funding. Lastly, the M &C seeks authority to accept the Society's contribution to the completed improvements, a contribution valued at approximately $350,000.00. The Society desires to improve accessibility to the upper west side of the Japanese Garden for visitors with mobility challenges as well as those with strollers. The Society has employed Al Komatsu and his Logname: 80ADA IN THE JAPANESE GARDEN Page 1 of 2 team of professionals to design an ADA- compliant path from the main entrance gate to the pavilion located on the upper west side of the Garden. The improvements will include a route to access the lower portion of the Garden from this new west side ADA - compliant path. The estimated cost of these improvements will exceed $600,000.00. Due to the fact that this project will further compliance with federal and state accessibility regulations, Staff is recommending the appropriation and use of $250,000.00 of Risk Management funds as a match for the funding from the Society. In addition, pursuant to the terms of City Secretary Contract No. 32788, the City will waive permit fees to the extent permitted by law. It is anticipated that this project will begin in late Summer 2011 and will take three months to complete. The Amendment to the License Agreement will allow the Society and their designated design engineers /architects, contractors and vendors access to the park throughout the term of the project. The Parks and Community Services Department will review and approve plans for design and installation of improvements in the Garden. At their May 25, 2011 meeting, the Parks and Community Services Advisory Board concurred with Staffs recommendation to accept the Society's contribution to the accessibility improvements valued at approximately $350,000.00. The proposed expenditure of Risk Management Funds complies with the City of Fort Worth's Financial Management Policy Statements. The Fort Worth Botanic Garden is located in COUNCIL DISTRICT 7 and serves the entire City of Fort Worth. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached Appropriation Ordinance funds will be available in the current capital budget, as appropriated, of the Specially Funded Capital Projects Fund. FUND CENTERS: TO Fund /Account/Centers 2 &3) C291 472071 807440177280 3) C291 541200 807440177280 CERTIFICATIONS: FROM Fund /Account/Centers $250.000.00 2) FE71 538070 0137140 $250.000.00 3) C291 541200 807440177280 Submitted for City Manager's Office b�/• Originating Department Head: Susan Alanis (8180) Richard Zavala (5704) Additional Information Contact: Sandra Youngblood (5755) $250.000.00 $250.000.00 Logname: 80ADA IN THE JAPANESE GARDEN Page 2 of 2