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HomeMy WebLinkAbout28084-10-2025 - City Council - OrdinanceOrdinance No.28084-10-2025 AN ORDINANCE ADJUSTING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE TAX NOTE 2020 FUND BY INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE BOTANIC GARDEN RENOVATION -REHAB PROJECT (CITY PROJECT NO. P00110) IN THE AMOUNT OF $12,000.00 AND BY DECREASING THE BG SOUTH VISTA DRAINAGE PROJECT (CITY PROJECT NO. 102820) BY THE SAME AMOUNT; 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 the budget of the City of Fort Worth for Fiscal Year 2025-2026, as enacted by Ordinance 27979-09-2025, as amended, is hereby further amended to make the following adjustments to estimated receipts and appropriations in the Tax Note 2020 Fund by increasing estimated receipts and appropriations in the Botanic Garden Renovation -Rehab project (City Project No. P00110) in the amount of $12,000.00 and by decreasing the BG South Vista Drainage project (City Project No. 102820) by the same amount. 611=101101ZWJ 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 27979-09-2025 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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: Douglas Black (Nov 11, 202517:11:52 CST) Assistant City Attorney ADOPTED AND EFFECTIVE: October 28, 2025 CITY SECRETARY rannette S. Goodall City Secretary City of Fort Worth, Texas Mayor and Council Communication DATE: 10/28/25 M&C FILE NUMBER: M&C 25-0999 LOG NAME: 802020 & 2022 BRIT ICA RESTRUCTURE SUBJECT (CD 7) Authorize Amending Two Infrastructure Construction Agreements with the Botanical Research Institute of Texas, Inc. to Provide Greater Flexibility in Project Budgeting and Delivery with No Change to the List of Projects or Overall Funding, Adopt Appropriation Ordinance, and Amend Fiscal Years 2026-2030 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize Amendment No.1 to City Secretary Contract No. 56196, an Infrastructure Construction Agreement with the Botanic Research Institute of Texas, Inc., to restructure the scope of the City of Fort Worth's obligation to construct, maintain, and repair certain public infrastructure within the Fort Worth Botanic Garden; 2. Authorize Amendment No.1 to City Secretary Contract No. 60446, an Infrastructure Construction Agreement with the Botanic Research Institute of Texas, Inc., to restructure the scope of the City of Fort Worth's obligation to construct, maintain, and repair certain public infrastructure within the Fort Worth Botanic Garden; 3. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Tax Note 2020 Fund by increasing estimated receipts and appropriations in the Botanic Garden Renovation -Rehab project (City Project No. P00110) in the amount of $12,000.00 and by decreasing the BG South Vista Drainage project (City Project No. 102820) by the same amount; and 4. Amend the Fiscal Year 2026-2030 Capital Improvement Program. DISCUSSION: The purpose of this Mayor & Council Communication (M&C) is to authorize the restructuring of two Infrastructure Construction Agreements (ICA) with the Botanical Research Institute of Texas, Inc. (BRIT). On May 19, 2020, the City Council authorized execution of an MSA (City Secretary No.54201) with the BRIT for management of the Botanic Garden (M&C 20-0347). Per this agreement, the City committed to construct, maintain, repair, or relocate certain public infrastructure within the Botanic Garden. The City entered into ICAs with the BRIT for the delivery of projects outlined in the MSA. The two ICAs being amended are City Secretary Contract No. 56196 (M&C 21-0367, June 8, 2021) and City Secretary Contract No. 60446 (M&C 23-0837, September 26, 2023). It has become necessary to restructure the two ICAs by removing the project and amount specificity to provide flexibility for project selection, management, and prioritization. The restructured scope for City Secretary Contract No. 56196 will read as follows: Attachment A List of Projects (including, but not limited to): Projects Full Moon Bridge, Hill Arbor, Old Garden Road Renovation, Rose Ramp Fountains, Site Amenities (Water Fountain, electrical, etc.), South Vista, Southwest Quadrant Renovation, 2020 Tax CIP Total Public Notes Funding $2,321,441.00 $226,000.00 $2,547,441.00 The restructured scope for City Secretary Contract No. 60446 will read as follows: Attachment A List of Projects (including, but not limited to): Projects 2022 Bond Program Greenhouse Improvements, Infrastructure, Japanese Garden, Master Plan, Master Plant Site Preparation, Moncrief Garden Center, Old Garden Road, Pedestrian $7,000,000.00 / Circulation Improvements, Rolling Hills Greenhouse Phase I, South Vista Event Venue These projects will not impact the Park & Recreation Department's annual operating budget when completed. Approval of Recommendation No. 3 will amend the Fiscal Years 2026-2030 Capital Improvement Program (CIP) as approved in connection with Ordinance 27979-09-2025.The restructuring of BRIT appropriations was not anticipated in the CIP. Funding is budgeted in the General Capital Projects Fund, Tax Note 2020 Fund, and the 2022 Bond Program Fund for the purpose of funding the Botanic Garden Renovation -Rehab projects (P00110) and in the Fort Worth Botanic Gardens project (PB0025) of the Parks & Recreation Department. The Botanic Garden is located in COUNCIL DISTRICT 7. A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are currently available within the Tax Note 2020 Fund and in the General Capital Projects Fund for the Botanic Garden Renovation -Rehabilitation project and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the Tax Note 2020 Fund for the Botanic Garden Renovation-Reh project to support the above recommendations and execution of the amendments. Prior to an expenditure being incurred, the Park & Recreation Department has the responsibility of verifying the availability of funds. Submitted for Citv Manaaer's Office bv: Dana Burghdoff 8018 Oriainatina Business Unit Head: Dave Lewis 5717 Additional Information Contact: Joel McElhany 5745