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HomeMy WebLinkAboutOrdinance 22089-02-2016 ORDINANCE NO. 22089-02-2016 AN ORDINANCE APPROPRIATING FUNDS FOR PURPOSES OF ENACTING THE 2015-2016 PUBLIC ART CAPITAL IMPROVEMENT PROGRAM, INCLUDING CAPITAL PROGRAMS AND PROJECTS; APPROPRIATING FUNDS FOR PURPOSES OF MAKING CAPITAL OUTLAYS DURING THE FISCAL YEAR; ACKNOWLEDGING PRIOR APPROPRIATIONS EFFECTING THE CAPITAL IMPROVEMENT PLAN; PROHIBITING THE EXPENDING, OBLIGATING, OR COMMITTING OF FUNDS IN EXCESS OF APPROPRIATIONS OR ACTUAL AVAILABLE RESOURCES; DELEGATING AUTHORITY TO ROLLOVER UNSPENT APPROPRIATIONS TO SUBSEQUENT FISCAL YEAR IF PROJECT OR PROGRAM IS INCOMPLETE AND TO SWEEP UNSPENT APPROPRIATION TO FUND BALANCE OF ORIGINAL FUNDING SOURCE FOLLOWING COMPLETION OF PROJECT/PROGRAM; ESTABLISHING A LEGAL LEVEL OF CONTROL; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES AND APPROPRIATIONS IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That there shall be appropriations for the Public Art Capital Improvement Plan of the City of Fort Worth for Fiscal Year 2015-2016, including Capital Projects and Capital Programs, as follows: Ordinance No.22089-02-2016 Page- 1 -of 5 PUBLIC ART CAPITAL IMPROVEMENT PLAN The Public Art Capital Improvement Plan is used to complete activities such as planning, design, construction and installation, and purchase of public artworks. Appropriations for Capital Projects and Programs are outlined below, which includes total Public Art Capital Improvement Plan appropriations of$3,217,886.00. Category Project FY 2016 Appropriation Artwork Commission Bonnie Brae Street $ 119,365 Artwork Commission Como Community Center $ 11,500 Artwork Commission E. Lancaster Traffic Control Boxes $ 24,500 Artwork Commission East Regional Library Public Art $ 30,000 Artwork Commission East Rosedale Street(Poly Urban Village) $ 23,000 Artwork Commission Elizabeth Tower, Phase 2 $ 10,000 Artwork Commission Eugene McCray Community Center $ 60,200 Artwork Commission Far North Library $ 183,000 Artwork Commission Fire Station 42 $ 91,050 Artwork Commission Fort Worth Community Arts Center $ 50,000 Artwork Commission FWPA-Overton Park Phase II $ 1,000 Artwork Commission Handley Meadowbrook Community Center $ 60,200 Artwork Commission Hemphill Lamar Connector $ 7,000 Artwork Commission Heritage Plaza $ 100,400 Artwork Commission Historic Handley Streetsca e $ 5,000 Artwork Commission 1-30 Monument Public Art Project $ 84,642 Artwork Commission Lake Como Park $ 231,000 Artwork Commission Lebow Channel Brennen Street Bride $ 41,375 Artwork Commission Montgomery Street $ 279,309 Artwork Commission North Beach Street $ 707,950 Artwork Commission North Beach Street @ IH-820 $ 300,000 Artwork Commission North Service Center $ 15,000 Artwork Commission NW Branch Library, Phase 2 $ 5,000 Artwork Commission Pamela Drive Bomber Heights) $ 22,400 Artwork Commission PUBLIC ART- Library Department Master Plan $ 50,000 Artwork Commission PUBLIC ART-Westcreek Boulevard $ 212,191 Artwork Commission Six Points Urban Village, Phase 2 $ 80,000 Artwork Commission South Main Street Reconstruction $ 110,000 Artwork Commission Stop Six-Stalcup at Ramey $ 6,000 Artwork Commission Summer Creek Rd Roundabout $ 161,804 Artwork Commission Trail Driver's Park $ 75,000 Artwork Commission Urban Villages Central Six Points, Phase 1 $ 30,000 Artwork Acquisition Dog Park Sculpture $ 30,000 TOTAL $ 3,217,886 Funding Sources 2004 Bond Program $ 616,319 2007 Critical Capital Needs Program $ 626,072 2008 Bond Program $ 549,003 2014 Bond Program $ 976,350 Specially Funded Capital Projects Public Art Fund $ 450,142 TOTAL $ 3,217,886 Ordinance No.22089-02-2016 Page-2-of5 SECTION 2. That there shall be appropriations in the amount of$570,000.00 for the Capital Outlays of the Public Art Program of the City of Fort Worth for Fiscal Year 2015-2016 as follows: PUBLIC ART Category Project FY 2016 Appropriation Capital Outlay FWPA Collection Management $ 500,000 Capital Expenditure FWPA Master Plan Update $ 70,000 TOTAL $ 570,000 Fun�ding Source I-S-pecially Funded Capital Projects Public Art Fund $ 570,000 TOTAL $ 570,000 SECTION 3. That prior appropriation ordinances approved by the City Council relate to capital programs, capital projects, and capital outlays to be undertaken during the fiscal year beginning October 1, 2015, and ending September 30,2016, and such ordinances are hereby acknowledged. SECTION 4. That no department, division, officer, or employee of the City may expend, obligate, or commit any funds in an amount that exceeds the lesser o£ (i) appropriations authorized by adopted budgets and appropriation ordinances, including any duly enacted amendments thereto, or(ii) actual available resources. Further, that no department, division, officer, or employee of the City may expend, obligate, or commit any monies, such as grant funds or donations,that are anticipated to be received or any monies, such as asset forfeiture fund balance, that are anticipated to become available for expenditure unless and until such funds have been received and appropriated. SECTION 5. That capital appropriations are intended to be life-of-project/life-of-program appropriations and are considered encumbered and available until the associated project or program has been fully Ordinance No.22089-02-2016 Page-3 -of5 completed. And that in accordance with this concept, the Director of the Financial Management Services Department/Chief Financial Officer, acting on behalf of the City Manager, is hereby authorized to take all actions and effect all transactions necessary to rollover capital appropriations that remain unspent at the conclusion of a fiscal year to the ensuing fiscal year so long as the associated capital program or capital project remains incomplete. And that, on full completion of a capital program or capital project, the Director of the Financial Management Services Department/Chief Financial Officer, acting on behalf of the City Manager, is hereby authorized to return or "sweep" any remaining unspent appropriation to the fund balance of the original funding source for future use and appropriation by the City Council in accordance with applicable law. And that all actions taken in accordance with the authority delegated under this Section shall be taken in accordance and compliance with all applicable laws and ordinances. SECTION 6. That the legal level of control for capital appropriations shall be at the Project, Program, or Outlay level, as applicable, for which an appropriation has been adopted, whether in this ordinance or another ordinance duly adopted by the City Council in the past or during this fiscal year. The City Manager, acting directly or through the Assistant City Managers,may approve the allocation of funds to a lower level within the same Project, Program, or Outlay, as applicable, without the approval of the City Council so long as such reallocation otherwise complies with all applicable laws and ordinances and does not result in a net increase to the overall appropriation of the Project, Program, or Outlay, as applicable. SECTION 7. That should any part, portion, section, or part of a section of this ordinance be declared invalid or inoperative or void for any reason by a court of competent jurisdiction, such decision, Ordinance No.22089-02-2016 Page-4-of5 opinion, or judgment shall in no way affect the remaining parts, portions, sections, or parts of sections of this ordinance, which provisions shall be, remain, and continue to be in full force and effect. SECTION 8. That all rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of the Code of the City of Fort Worth, or any other ordinances of the City,that have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation,both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance, but may be prosecuted until final disposition by the courts. SECTION 9. That all ordinances and appropriations for which provisions have previously been made are hereby expressly repealed to the extent they are in conflict with the provisions of this ordinance. SECTION 10. That 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: ATTEST: Jessica S 7)svang,A t. 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DISCUSSION: On October 27, 2015, the City Council adopted the Fort Worth Public Art (FWPA) Fiscal Year 2016 Annual Work Plan (Capital Improvement Plan) as part of Mayor and Council Communication (M&C) C-27515, which authorized execution of the Fiscal Year 2016 Professional Management Services Agreement with the Arts Council of Fort Worth to manage the Fort Worth Public Art Program. The Annual Work Plan includes ongoing and new public art projects pnavioua/yopprovedbytheChv Council in funding source-specific public art plans, uofollows: • Public Art Plan for the 2OO4 Bond Program (M&CG-14801. May 17. 2OO5) • Public Art Plan for the Water Fund* /M&CG451O5. May S. 2OO8\ • Public Art Plan for the 2OO7 Critical Capital Needs (W1&{} G-17OS5. October 20. 201O) • Public Art Plan for the 2OOO Bond Program (M&{} G-17OS4. October 26. 201O) • Public Art Plan for the 3U14 Bond Program /K8&CG-18338. October 21. 2O14\ *The Annual Work Plan includes new public art projects and allocations from the annual allocation for public art from the Water& Sewer Fund for cash-funded capital projects, vvhinhtheFodVVodhAdCommissionnaoomnoendsonan annual basis per the Public Art Plan for the Water Fund. Most ofthe FVVPAPnogram'o projects are directly associated with Capito| Improvement Projects ofthn various City Departments. Thus, it is imperative that public art funds be appropriated up front to insure that the design phases of public art projects areuomp|etedinotime|ymonnertofaoi|itate000rdination with the City's project consultants designing the capital p jaotevvithvvhioh public art is associated. U/bmate|y, this helps to insure that public art projects are delivered on time and within budget. Public art projects follow the guidelines contained in the City Council adopted Fort Worth Public Art Master Plan (K8&C G-1 4087, September 30, 2003). Individual City Council members are directly involved with l.oguame: 069lJ8l.[C ART IMPROVEMENT PI./\N FOR 20l6 Page l of project planning, artist selection and design review for public art projects in their districts. However, City Council, as a body, authorizes all Artwork Commission Contracts, through separate M&Cs. Capital outlay for the public art program is usually associated with Collection Management (i.e. plaques, maintenance, conservation, etc.) as listed in the Annual Work Plan. This capital outlay was previously appropriated in the annual operating budget, but will now be approved in connection with the annual Capital Improvement Plan process in order to more accurately capture and reflect the capital nature of the underlying asset and expenditure. Section 2 of the ordinance addresses appropriations to designated funds for identified capital outlay. In future years, it is anticipated that the complete annual appropriation for public art projects will occur concurrently with the City Council's adoption of the Fort Worth Public Art Annual Work Plan in September/October. Form 1295 is not required for this M&C, because this M&C does not request approval of a contract with a business entity. FISCAL INFORMATION /CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the Fiscal Year 2016 Capital Improvement Plans, as appropriated in the designated capital projects and associated funds for the identified purposes. FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2 FROM Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2 CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Randle Harwood (6101) Additional Information Contact: Martha Peters (8172983025) Logname: 06PUBLIC ART IMPROVEMENT PLAN FOR 2016 Page 2 of 2