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HomeMy WebLinkAboutOrdinance 12681ORDINANCE NO ~~~ h ~~ ~ g 4~ AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE SPECIAL TRUST FUND IN THE AMOUNT OF $ 16,772.71 FROM AVAILABLE FUNDS FOR THE PURPOSE OF FUNDING MAINTENANCE OF THE VAN ZANDT COTTAGE THROUGH A MAINTENANCE ENDOWMENT FROM ETHEL N NICHOLS VAN ZANDT COTTAGE FOUNDATION, PROVIDING FOR A SEVERABILITY CLAUSE, MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR 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 the Fiscal Year 1995/96 and in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Special Trust Fund in the amount of $16,772.71 from available funds for the purpose of funding the maintenance of the Van Zandt Cottage through a maintenance endowment through Ethel N Nichols Van Zandt Cottage Foundation. SECTION 2. 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. 12074 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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 and be in full force and effect from and after the date of its passage, and it is so ordained. APPROVED AS TO FORM AND LEGALITY G~G~r~il Assis/t~ant City Attorney %-' /7-~~ Date ~~'~~ ~~ Adopted Effective City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 09/17/96 C-15649 80TERMIN 1 of 3 SUBJECT TERMINATE CONTRACT WITH ETHEL N NICHOLS VAN ZANDT COTTAGE FOUNDATION AND ACCEPT DONATION FROM THE FOUNDATION AS A MAINTENANCE ENDOWMENT RECOMMENDATION It is recommended that the City Council authorize the City Manager to 1 Terminate the contract with the Ethel N Nichols Van Zandt Cottage Foundation for the care, maintenance, and preservation of the Van Zandt Cottage, and 2 Accept a donation of 516,772 71 as a maintenance endowment for the Van Zandt Cottage, and 3 Approve the attached appropriation ordinance increasing estimated receipts and appropriations by 516,772 71 in the Special Trust Fund (Van Zandt Cottage), and 4 Approve these funds to maintain the Van Zandt Cottage DISCUSSION On August 25, 1966 the City Council approved a twenty (201 year contract No 5716 with the nonprofit Ethel N Nichols Van Zandt Cottage Foundation (Foundation) for the care, maintenance, and preservation of the Van Zandt Cottage (Cottage) On September 2, 1986, the City Council approved an additional twenty (20) year term, (M&C C-9835) subject to the same conditions as the existing agreement The City purchased the Cottage in 1936 in connection with the constructtion of the Will Rogers Memorial Center and the Frontier Center The Cottage was originally built in the 1840s or 1850s when the K M Van Zandt family moved there The Cottage still sits on its original site with original foundation Mrs Ethel N Nichols began her involvement with the Cottage in the mid 1950s Though no relation to the Van Zandts, it was her mission to maintain and provide the upkeep to the facility Mrs Nichols performed all work and services on a voluntary basis and with her own funds After her death in 1964, the Foundation was established for the purpose of maintaining and caring for this pioneer home, to preserve it as one of Fort Worth's remaining links to its distant past The Foundation agreed to maintain and preserve the Cottage as a historical shrine for the enjoyment of the public with its operation subject to review and approval by the City The Printed nn Recycled Paper City of Fort Worth, Texas Mayor and Council Communication DATE. REFERENCE NUMBER LOG NAME PAGE 09/17/96 C-15649 80TERMIIV 2 of 3 svBJECT TERMINATE CONTRACT WITH ETHEL N NICHOLS VAN ZANDT COTTAGE FOUNDATION AND ACCEPT DONATION FROM THE FOUNDATION AS A MAINTENANCE ENDOWMENT Foundation agreed to keep the building in good repair, to provide fire and extended coverage insurance and public liability insurance Mr James R Nichols, Trustee for the Foundation, submitted a request to the Parks and Community Services Department requesting the contract between the City and the Foundation be terminated in accordance with the agreement, which reads, "It is agreed upon and understood by and between the parties that this contract shall be terminable only by the mutual consent of the parties by operation of law or according to the terms hereof " On January 16, 1996, the Parks and Community Services Board was briefed on this item (Informational Item IV C) This item was presented to the Board for their action on February 20, 1996 (Action Item V C) The Board agreed with staff's recommendation to terminate the contract with the following stipuiations 1 All repairs recommended by the City's Building Services Division will be completed prior to termination of the contract All repairs have been completed The Foundation paid for all materials and outside labor costs Building Services completed the porch repair and painting of the Cottage 2 An inventory will be completed to determine the assets of the Van Zandt collection The inventory has been completed A list has been submitted to Risk Management to add to the City's inventory 3 Upon termination of the contract, the Foundation will make the remaining assets available to a restricted fund of the City to be used for the maintenance and preservation of the Cottage Approval of this City Council action will fulfill this stipulation The Parks and Community Services Department plans to continue to operate the Cottage in its current state Support organizations use the Cottage for meetings about six times a year Other groups such as Boy Scouts, etc tour the Cottage as part of an educational/historical tour of Fort Worth Staff from the Crestline Service Center (located across the street) or Log Cabin Village would be responsible for making the Cottage Printed nn RecyGed Paper City of Fort Worth, Texas Mayor anc~ Council Communication DATE REFERENCE NUMBER LOG NAME PAGE. 09/17/96 C-15649 80TERMIN 3 of 3 SUBJECT TERMINATE CONTRACT WITH ETHEL N NICHOLS VAN ZANDT COTTAGE FOUNDATION AND ACCEPT DONATION FROM THE FOUNDATION AS A MAINTENANCE ENDOWMENT available to these groups No operating impact to continue these services or perform minor building repairs is anticipated Major facility maintenance will be underwritten by the proposed trust fund FISCAL INFORMATION/CERTIFICATION The Director of Fiscal Services certifies that upon the adoption of the attached appropriations ordinance, the funds required for this project will be available in the current operating budget, as appropriated, of the Special Trust Fund LW m Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by• (to) FE12 488100 08050242000 $16 772 71 {~ ~~~ ~ ~ L:z.~ Libb Watson 6183 y FE12 536010 08050242000. $16,772 71 ~~a~ ~ j ~ Originating Department Head: ~ ~~ ~ i~~if~. Richard Zavala 5700 (from) ~ ~ FE72 536010 080502420000 $16,772 71 i ~ ti ' ~~ 4..tc .~ ,~ (dirt.-~) t For Additional Information Clt j~. ~i~I•~t?lk Cf tl?? Contact: : City cfr"art U'JeS: t<~ ~; ~::~~ Richard Zavala 5700 ~l; Printed on Recycled Paper (`_ ~ ~ ( /~.