Here’s how Fort Worth can avoid a sweetheart deal for new Botanic Garden managers

While concerns related to the pandemic understandably occupy most of our thoughts, the steady march toward privatizing public services for private benefit is about to take another big step in Fort Worth.

Last year, much to the chagrin of many, the Fort Worth City Council adopted entry fees for the Botanic Garden. It also committed to privatize management of the garden. There was no hesitation on an initial decision to turn management over to the Botanical Research Institute of Texas, or BRIT.

For better or worse, that decision is behind us. Now, the City Council will determine the terms of the deal and whether or not it adequately protects the interests of the people of Fort Worth or is a sweetheart arrangement for BRIT.

Many who have followed this issue closely for years are now asking both privately and publicly that the council insists on a contract that protects the public’s interests. They should request the following six public interest safeguards and insist that these provisions be in the contract they approve.

1. Let the Park and Recreation Advisory Board maintain its appropriate oversight role by adding the following sentence: “All items requiring City Council notification must first be presented for public comment at a regularly scheduled meeting of the Park and Recreation Advisory Board.”

2. Protect the city of Fort Worth’s ultimate land ownership authority. A sentence in the staff recommendation currently reads: “City retains ownership of public land, permanent structures, infrastructure, and public art.”

Council members should add “and any multi-year leases of land or structures or mineral leases” to help protect the city from mistakes similar to the ones made in the past such as Lake Worth and riverfront leases, Barnett Shale leases, as well as the private-sector managed taking/ceding of park land for Zoo purposes.

3. Require City Council approval for any new parking fees or fee increases, with the exception of special events. This should be added to the section of the contract that requires City Council approval for any expansion of parking on Botanic Garden property.

4. The City Council and the public have a right to see BRIT’s current annual financial reports to assess whether the city’s management fees amount to subsidies of BRIT’s other operations or are being exclusively used for the management of the Botanic Gardens. The current proposal requires access to BRIT’s current annual financial records for only the first three years of a 20-year contract.

5. The recommendation on admission fees reads: “BRIT may adjust admission and membership fees over time in line with inflation, ensuring at least 10% of non-member admissions are free or reduced rate.” Please add “Prior to their adoption, fee changes must be considered in advance by both the Park and Recreaction Advisory Board and City Council, along with the requisite public hearing. Further, all fee increases must be within price ranges to be set by the CIty Council as part of the contract and any amendments.”

6. Make it clear that the contract is not transferable.

The city has a long, but at best checkered, record when it comes to public-private partnerships. Let’s help them get this one right.