HomeMy WebLinkAboutOrdinance 23112-02-2018 Ordinance No. 23112-02-2018
AN ORDINANCE AMENDING CHAPTER 2, `ADMINISTRATION,"
ARTICLE III, `BOARDS AND COMMISSIONS," DIVISION 2, "ART
COMMISSION AND PUBLIC ART PROGRAM," OF THE CODE OF THE
CITY OF FORT WORTH, TEXAS (2015), AS AMENDED, BY AMENDING
THE PERCENT SET ASIDE OF BOND PROGRAM FUNDING FOR
PROPOSITION A, "STREETS AND MOBILITY INFRASTRUCTURE
IMPROVEMENTS,"OF THE 2018 BOND PROGRAM; PROVIDING FOR A
SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE
OF PRIOR ORDINANCES; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on October 2, 2001, the Fort Worth City Council ("City Council") adopted
Ordinance Number 14794 ("Public Art Ordinance"), as amended, implementing the Fort Worth
Public Art Program("Program");
WHEREAS, Section 2-61 of the City Code sets forth the funding mechanism for the
Program, including an annual two percent(2%) set aside of capital improvement project funding to
be added to the total cost of each proposition in the City of Fort Worth's bond programs;
WHEREAS, City Council amended the Public Art Ordinance on February 11, 2014,
(Ordinance No. 21122-02-2014)to amend Section 2-61 of the City Code to allow for an adjustment
to the percentage set aside for the Program from two percent (2%) to one percent (1%) for capital
improvement project funding included in Proposition One, "Street and Transportation
Improvements," of the 2014 Capital Improvement Program;
WHEREAS, the City Council plans to call for a bond election to occur in May of 2018 to
address funding for street and transportation improvements, parks, and facilities ("2018 Bond
Program");
WHEREAS, the City has a limited debt capacity under which to issue bonds for the 2018
Bond Program;
WHEREAS, after an extensive public input process, the City Council assigned the highest
priority among the 2018 Bond Program to projects involving street and transportation improvements,
which will be included within Proposition A, "Streets and Mobility Infrastructure Improvements,"
of the proposed bond election;
WHEREAS, to ensure adequate funding for the highest priority needs, the City Council
again wishes to amend Section 2-61 of the City Code to allow for an adjustment to the percentage
set aside for the Program from two percent(2%)to one percent(1%)for capital improvement project
funding included in Proposition A,"Streets and Mobility Infrastructure Improvements,"of the 2018
Bond Program; and
WHEREAS,this percent for art reallocation is only meant to apply to Proposition A,"Streets
and Mobility Infrastructure Improvements,"of the 2018 Bond Program and shall not carry forward
Ordinance No.23112-02-2018
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to any future bond programs,unless adopted by City Council, or affect any other bond propositions
in the 2018 Bond Program;
NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH,TEXAS,THAT:
SECTION 1.
Chapter 2, "ADMINISTRATION," Article III, "BOARDS AND COMMISSIONS," Division 2,
"ART COMMISSION AND PUBLIC ART PROGRAM," Section 2-61, "FUNDING," of the
Code of the City of Fort Worth, Texas (2015), as amended, is hereby further amended by revising
subsection(a-1)to read as follows:
(a-1) With respect to capital improvement projects included in Proposition One,
"Street and Transportation Improvements," of the 2014 capital improvement
program and Proposition A, "Streets and Mobility Infrastructure Improvements," of
the 2018 bond program, funding for the Fort Worth public art program shall be
accomplished by setting aside for public art 1% of the capital improvement project
funding. The percentage, approved in advance by the City Council for the public
art program, shall be added to the total cost of such proposition in City of Fort
Worth capital project program.
SECTION 2.
It is hereby declared to be the intention of the City Council that the sections,paragraphs, sentences,
clauses and phrases of this ordinance are severable, and if any section,paragraph, sentence, clause
or phrase shall be declared to be unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections,
paragraphs, sentences, clauses and phrases of this ordinance, since the same would have been
enacted by the City Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 3.
That, this ordinance shall be cumulative of all provisions of the Code of the City of Fort Worth,
Texas(2015),as amended, except where the provisions of this ordinance are in direct conflict with
the provisions of such ordinances and such Code, in which event conflicting provisions of such
ordinances and such Code are hereby repealed.
SECTION 4.
All right and remedies of the City of Fort Worth, Texas are expressly saved as to any and all
violations 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.
Ordinance No.23112-02-2018
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SECTION 5.
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY: CITY SECRETARY:,
Jessica San gj Iv[ary J. r
Assistant Ci Attorney
ADOPTED AND EFFECTIVE: February 6, 2018
Ordinance No.23112-02-2018
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION; Approvedon:216120't8 4rd�rlance,:No 2 1:X02-2Q $. ,
DATE: Tuesday, February 6, 2018 REFERENCE NO.: G-19222
LOG NAME: 062018 BOND ELECTION AMENDMENT PUBLIC ART PROGRAM
SUBJECT:
Adopt Ordinance Amending Chapter 2, Article III, Division 2, Art Commission and Public Art Program, of
the Code of the City of Fort Worth, Texas, 2015, as Amended, to Reduce from Two Percent to One
Percent the Set-Aside for Public Art Funding from the Streets and Mobility Infrastructure Improvements
Proposition of the 2018 Bond Program (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Chapter 2, Article III,
Division 2, Art Commission and Public Art Program, of the Code of the City of Fort Worth, Texas, 2015, as
amended, to reduce from two percent to one percent the set-aside for Public Art funding from the Streets
and Mobility Infrastructure Improvements Proposition of the 2018 Bond Program.
DISCUSSION:
The purpose of this Mayor and Council Communication is to amend Chapter 2, Article III, Division 2 of the
City Code, adopted as part of City of Fort Worth Ordinance Number 14794, as amended, Public Art
Ordinance, to permit a change in the funding level for the public art program (Program) for capital
improvement project funding included in Proposition A, Streets and Mobility Infrastructure Improvements,
of the 2018 Bond Program.
On October 2, 2001, the City Council adopted the Public Art Ordinance, which implemented the Program.
Section 2-61 of the City Code sets forth the funding mechanism for the Program, including a two percent
set-aside of capital improvement project funding to be added to the total cost of each proposition in the
City's bond programs.
City Council amended the Public Art Ordinance on February 11, 2014,(Ordinance No. 21122-02-2014) to
amend Section 2-61 of the City Code to allow for an adjustment to the percentage set aside for the
Program from two percent to one percent for capital improvement project funding included in Proposition
One, Streets and Mobility Infrastructure Improvements, of the 2014 Capital Improvement Project.
The City Council plans to call for a bond election to occur in May of 2018 to address funding for street and
transportation improvements, parks, and facilities 2018 Bond Program. The City has a limited debt
capacity under which to issue bonds for the 2018 Bond Program and has conducted an extensive public
input process to determine the highest priority projects of concern to its citizens. In order to ensure
adequate funding for the highest priority needs, the City Council has expressed support for an adjustment
to the percentage set aside for the Program from two percent to one percent for capital improvement
project funding included in Proposition A, Streets and Mobility Infrastructure Improvements, of the 2018
Bond Program. To accomplish this proposed funding reallocation, the City Council must amend Section 2-
61 of the City Code. This percent for art reallocation is only meant to apply to Proposition A, Streets and
Mobility Infrastructure Improvements, of the 2018 Bond Program and shall not affect any other bond
Logname: 062018 BOND ELECTION AMENDMENT PUBLIC ART PROGRAM Page 1 of 2
propositions in the 2018 Bond Program. All other propositions in the 2018 Bond Program will retain a two
percent set aside for public art funding.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that this action will have no material effect on City funds.
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 (2983025)
Logname: 062018 BOND ELECTION AMENDMENT PUBLIC ART PROGRAM Page 2 of 2