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Home My WebLink AboutOrdinance 23467-11-2018 Ordinance No. 23467-11-2018 AN ORDINANCE APPROPRIATING FUNDS FOR PURPOSES OF ENACTING THE FISCAL YEAR 2019 PUBLIC ART CAPITAL IMPROVEMENT PROGRAM, INCLUDING CAPITAL PROGRAMS, PROJECTS, AND OUTLAYS; ACKNOWLEDGING PRIOR APPROPRIATIONS EFFECTING THE CAPITAL IMPROVEMENT PLAN; AND DELEGATING AUTHORITY FOR CERTAIN TRANSFERS, ALLOCATIONS, AND ROLLOVERS; AND ESTABLISHING A LEGAL LEVEL OF CONTROL; AND PROVIDING FOR PUBLICATION; AND PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR THE REPEAL OF ALL ORDINANCES AND APPROPRIATIONS IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE; 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 Fiscal Year 2018-2019 in the Budget of the City Manager, there shall also be appropriations for the Public Art Capital Improvement Plan of the City of Fort Worth for Fiscal Year 2019, including Capital Projects and Capital Programs, as follows: 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$1,575,421. Category Project FY2019 Public Art/Enhanced Design Parks and Recreation Improvements $715,601 Fire Safety Improvement $234,820 Animal Care& Shelter Facility Improvement $270,000 Police Facility Improvement $355,000 TOTAL $1,575,421 Funding Source FY2019 2018 Bond Program Proceeds From Sale of Bonds $1,575,421 TOTAL $1,575,421 SECTION 2. That there shall be appropriations in the amount of$120,000 for the Capital Outlays of the Public Art Program of the City of Fort Worth for Fiscal Year 2018-2019 as follows: Ordinance No.23467-11-2018 Page 1 of 5 Category Project FY2019 Capital Outlay FWPA Collection Management— Routine Maintenance, $ 60,000 Plaques, etc. FWPA Collection Management—Conservation Projects $ 60,000 TOTAL $ 120,000 Funding Source FY2019 Water& Sewer Fund Capital Intrafund Transfer Out $120,000 TOTAL $120,000 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, 2018, and ending September 30, 2019, 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 of: (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 completed. And that in accordance with this concept, 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 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 Ordinance No.23467-11-2018 Page 2 of 5 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, 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. 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. Ordinance No.23467-11-2018 Page 3 of 5 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: r er Wa - :Mary J. Kay r Senior Assist t C' Attorney City Secretary Adopted&Effective:November 6,2018 Ordinance No.23467-11-2018 Page 4 of 5 RECOMMENDED FORT WORTH PUBLIC ART Fiscal Year 2019 ANNUAL WORK PLAN COUNCIL 2018 BOND PROGRAM PROJECTS i 410T)OPAT€D OSTRICT p t of )UNL11?Ir;SCU ()i NEW-Rockwood Clubhouse-Artist TBD $211,533.00 2018 Bond,Prop B PENDING TBD 2 NEW-Diamond Hill Community Center-Artist TBD $211,534.00 2018 Bond,Prop B PENDING MAR 2021 NEW-Northwest Community Center-Artist TBD $211,534.00 2018 Bond,Prop B PENDING MAY 2021 u NEW-Chisholm Trail Park,PH2-Jill Bedgood $81,000.00 2018 Bond,Prop B PENDING MAY 2020 7 NEW-Fire Station#45-Artist TBD $117,410.00 2018 Bond,Prop D PENDING DEC 2020 6 NEW-Fire Station#26-Artist TBD $117,410.00 2018 Bond,Prop D PENDING SEPT 2020 7 NEW-North Animal Care&Control Center-Artist TBD $270,000.00 2018 Bond,Prop E PENDING DEC 2020 6 NEW-South Patrol Division-Artist TBD $355,000.00 2018 Bond,Prop F PENDING TBD COUNCIL 2014 BOND PROGRAM PROJECTS PROJECT BUDGETS FUNDING SOURCE(S) CURRENTSTATUS ANTICIPATED D15TRtCr frAamBr#r,o,rmsRGlf?re aav-eultiY 7 Iconic Artwork:Pioneer Tower-JTKStudios/SP Studio(Consultants) $15,000.00 2014 Bond,P-1 PLAN DEVELOPMENT DEC 2018 Fort Worth Festival Plan $24,000.00 2014 Bond,P-1 PENDING APR 2019 Projection Mapping Project Implementation TBD 2014 Bond,P-1 PENDING FEB 2020 $39,000.00 3 Como Community Center-Adam Neese $106,000.00 2014 Bond,P-2 ARTIST SELECTION SEPT 2019 6 Fire Station 42(Spinks Airport)-Shawn Smith $91,050.00 2014 Bond,P-4 FINAL DESIGN SEPT 2019 3 Fire Station 43(1-30 West)-Artist TBD $91,050.00 2014 Bond,P-4 PLANNING SEPT 2020 6 Chisholm Trail Park-Jill Bedgood $76,000.00 2014 Bond,P-2 COMMISSION MAY 2019 7 Northwest Community Park-Animalis $138,600.00 2014 Bond,P-2 PRELIMINARY DESIGN MAR 2020 7 Golden Triangle Library-Sara Lovas $183,000.00 2014 Bond,P-3 COMMISSION MAR 2019 8 Eastside Library-Artist TBD $65,000.00 2014 Bond,P-3 PLANNING SEPT 2020 $264,230.00 2008 Bond $96,497.00 2007 CCN $10,000.00 Pending Private Fun& $435,727.00 9 Public Safety&Municipal Court Building-Riley Holloway $30,000.00 2014 Bond,P-1 FINAL DESIGN SEPT 2019 $20,000.00 Public Art Fund $50,000.00 9 Municipal Vehicle Maintenance Facility(Holly Water Plant)-TBD $200,000.00 2014 Bond,P-1 PLANNING SEPT 2020 9 Six Points Urban Village,PH2(at Riverside Park) (SEE 2018 BOND) 2008 BOND PROGRAM PROJECTS ANTICIPATED CD PROJECT BUDGETS FUNDING SOURCE(S) CURRENTSTATUS jR�c,itPan+mareedlN�vl�fiR'AYecra,;7�krTcompirrgw 3 Overton Park Phase 2-Eliseo Garcia $58,240.00 2008 Bond PRELIMINARY DESIGN MAR 2019 4 Bonnie Brae Street-Artist TBD $63,756.00 2008 Bond ARTISTSELECTION SEPT 2020 $181,196.00 2007 CCN $244,952.00 4,7 North Beach Corridor Project-Christopher Fennell $561,257.00 2008 Bond FINAL DESIGN SEPT 2019 $381,926.00 2007 CCN SEPT 2020 $943,183.00 SEPT 2021 5 Prairie Dog Park-Artist TBD $357,599.00 2008 Bond PLANNING SEPT 2020 6 Summer Creek Roundabout $256,484.00 2008 Bond PENDING SEPT 2020 $91,003.00 2004 Bond,P-1 $347,487.00 Fort Worth Art Commission August 13,2018(corrected) RECOMMENDED FORT WORTH PUBLIC ART Fiscal Year 2019 ANNUAL WORK PLAN CD 2008 BOND PROGRAM PROJECTS(Coni) PROJECT BUDGETS FUNDING SOURCE(S) CURRENT STATUS ANTICIPATED (Publrc Art Plan adopted 1012612010,M&C G-1709-0) COMPLETION 7 Old Decatur Road-Artist TBD $632,360.00 2008 Bond PLANNING SEPT 2020 9 6th Avenue/Rosemont Park-Artist TBD $187,728.00 2008 Bond PLANNING SEPT 2020 8 Eastside Family Library (SEE 1014 BOND) I CD 2007 CRITICAL CAPITAL NEEDS PROGRAM PROJECTS CURRENTSTATUS COMPLETION (PwuoanPI—dapted1012612010,M&CG-17095) PROJECT BUDGETS FUNDINGSOURCE(5) 5 "Stop S&",Stalcup&Ramey-Sedrick Huckaby $210,339.00 2007 CCN FINAL DESIGN SEPT 2020 6 Altamesa-Artist TBD $359,830.00 2007 CCN PLANNING SEPT 2020 7 Montgomery Street-James Surls(recommended) $201,057.00 2007 CCN SCULPTURE SELECTION APR 2019 $123,451.001 2004 Bond,P-1 $324,508.00 8 East Rosedale Street(1-35 to 287)-Christopher Blay $151,396.00 2007 CCN FINAL DESIGN JUN 2019 $131,146.50 2004 Bond,P-1 $282,542.50 9 Magnolia Avenue-Artist TBD $229,620.00 2007 CCN PLANNING JAN 2020 4 Bonnie Broe Street (SEE 1008 BOND) 4,7 North Beach Corridor Project (SEE 1008 BOND) 8 Eastside Family Library (SEE 1014 BOND) I CD 2004 BOND PROGRAM PROJECTS (Public An Pian odopted511712005,M&CG-14801) PROJECT BUDGETS FUNDING SOURCE(S) CURRENTSTATUS COMPLETION 2 Lebow Channel Watershed(Brennan Bridge)-Leticia Huerta $53,000.00 2004 Bond,P-1 FINAL DESIGN JUNE 2019 3 Lake Como Park-Artist TBD $151,000.00 2004 Bond,P-1 ARTISTSELECTION JUNE 2020 $80,000.00 Public Art Fund $231,000.00 3 Foster Park-Dixie Friend Gay $82,191.00 2004 Bond,P-1 PRELIMINARY DESIGN DEC 2019 $111,728.28 2004 Bond,P-2 $193,919.28 5 Precinct Line Road&Bridge-Sally Weber $104,000.00 2004 Bond,P-1 FINAL DESIGN SEPT 2019 5 Dallas Avenue(East Division Police Station)-Gregory Beck $45,000.00 2004 Bond,P-1 COMMISSION DEC 2018 5 East Rosedale Street(Miller to Stalcup)-John Yancey $181,146.50 2004 Bond,P-1 FINAL DESIGN MAR 2019 7 FW Community Arts Center Plinths-Kris Pierce $50,000.00 2004 Bond,P-1 FINAL DESIGN MAR 2019 8 East Rosedale Street(287 to Miller)-Hirsch(eld/lishi $222,644.6S 2004 Bond,P-1 COMMISSION DEC 2018 9 Hemphill/Lamar Connector-KiboWorks(Dan Corson) $282,680.00 2004 Bond,P-1 COMMISSION PENDING MAR 2020 $420,820.00 Public Art Fund $703,500.00 9 Westcreek Boulevard(Pedestrian Bridge)-Volkon Alkonoglu $247,191.00 2004 Bond,P-1 PRELIMINARY DESIGN JUN 2019 $128,100.00 Public Art Fund $375,291.00 6 Summer Creek Roundabout (SEE 1008 BOND) 7 Montgomery Street (SEE 1007 CCN) 8 East Rosedale Street(1-35 to 187) (SEE 2007 CCN) Fort Worth Art Commission August 13,2018(conected) RECOMMENDED FORT WORTH PUBLIC ART Fiscal Year 2019 ANNUAL WORK PLAN PUBLIC ART FUND PROJECTS CD (Public AnPlonadopted510912006,M&CG-15185) PROJECT BUDGETS FUNDINGSOURCE(S) CURRENTSTATUS COMPLETION 2 Rockwood Park(Gamtex Partnership)-Mike Ross $30,500.00 Public Art Fund FINAL DESIGN DEC 2018 $29,500.00 Private Funds $60,000.00 4 East Regional Library Community ID Project-FYOOG $76,500.00 Public Art Fund FINAL DESIGN SEPT 2019 4 SH 121 Public Art Project(formerly 1-30)-Horowitz/Sloan $205,194.00 Public Art Fund REVISED DESIGN DEC 2020 $265,000.00 GCAA $470,194.00 5 FWPA Acquisition-Natura-Alice Bateman $80,000.00 Public Art Fund SITE APPROVAL JUN 2019 5 Mosier Valley Park-Artist TBD $80,000.00 Public Art Fund PLANNING SEPT 2020 8 Poly Tech/Wesleyan Urban Village Plaques $23,000.00 Public Art Fund IMAGE SELECTION JAN 2019 9 Six Points Urban Village-Eric McGehearty $80,000.00 Public Art Fund FINAL DESIGN DEC 2018 3 Loke Como Park (SEE 2004 BOND) 9 Hemphill/Lomor Connector (SEE 2004 BOND) 9 Westcreek Boulevard(Pedestrian Bridge) (SEE 2004 BOND) 9 Public Safety&Municipal Court Building (SEE 1014 BOND) CW IconicArtwork(s) (SEE 1014 BOND) CD j PROJECTS FUNDED BY OTHERS PROJECT BUDGETS FUNDING SOURCE(S) CURRENTSTATUS COMPLETION 8 Highland Hills Community Center-Sedrick Huckaby $20,888.00 Parks Gas Revenue FINAL DESIGN MAR 2019 9 NEW-Avenue of Light Landscaping/Lighting Project $200,000.00 NCTCOG PENDING Tisa Lighting Consultant-TBD $25,000.00 Collection Mgmt Fund PLANNING TBD $225,000.00 49 PUBLIC ART PROJEcrs'/BUDGETS TOTAL $10,439,319.93 'Other ublic art projects in City-Council approved plans may be initiated to align with the City's schedule for the underlying Capital projects. ► COLLECTION MANAGEMENT EST. BUDGETS FUNDING SOURCE(S) CURRENTSTATUS COMPLETION CW Routine Collection Management,Cleaning,Repairs,Plaques,etc. $60,000.00 Collection Mgmt Fund ONGOING SEPT 2019 9 Intimate Apparel&Pearl Earrings,Phase 2(Convention Center) $45,000.00 Collection Mgmt Fund PLANNING DEC 2018 9 Along the River(Heritage Park) $9,000.00 Collection Mgmt Fund SITE PLANNING TBD 7 WRMC Cattle Barn Murals Restoration(Barns 1 and 2) $50,000.00 Collection Mgmt Fund PENDING TBD 8 NEW-Rolling Hills Radio Tower Equipment Update Plan TBD Collection Mgmt Fund PLANNING FEB 2019 CW Artwork Gifts and Loans ONGOING CD COMMUNITY ENGAGEMENT CW FWPA Master Plan Update Implementation: Implement Artist Training Workshop in Fort Worth Other short term artist/community engagement items in the plan CW Community Educational&Outreach Programming CD PROGRAM ADMINISTRATION CW FWPA Master Plan Update implementation: Iconic Artworks-Downtown Location Preliminary Planning Other short term items listed in the plan CW Fort Worth Art Commission Liaison Fort Worth Art Commission August 13,2018(corrected) City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 11/6/201$ - Ordinance No. 23467-11-201$ DATE: Tuesday, November 6, 2018 REFERENCE NO.: G-19412 LOG NAME: 06FY2019 PUBLIC ART IMPROVEMENT PLAN FOR FY2019 SUBJECT: Adopt City of Fort Worth Public Art Annual Work Plan for Fiscal Year 2019 and Adopt Ordinance Enacting the City of Fort Worth Public Art Capital Improvement Plan for Fiscal Year 2019, Including Capital Programs, Projects, and Outlay and Appropriating Funds in the Amount of$1,575,421.00, Subject to Subsequent City Council Authorization of an Artwork Commission Contract for Each Public Art Project Included in this Annual Work Plan (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached City of Fort Worth Public Art Annual Work Plan for Fiscal Year 2019; and 2. Adopt the attached ordinance, enacting the City of Fort Worth Public Art Annual Work Plan (Capital Improvement Plan) for Fiscal Year 2019, including capital, programs, projects, and outlays and increasing estimated receipts and appropriations in the designated public art funds in the amount of$1,575,421.00, subject to subsequent City Council authorization of an artwork commission contract for each public art project included in the Annual Work Plan. DISCUSSION: On August 13, 2018, the Fort Worth Art Commission recommended the City of Fort Worth Public Art Annual Work Plan (Capital Improvement Plan) for Fiscal Year 2019, which was presented to City Council on October 16, 2018. An M&C requesting City Council authorization of the Professional Management Services Agreement renewal with the Arts Council of Fort Worth & Tarrant County, Inc., (Arts Council) to manage the Fort Worth Public Art Program for Fiscal Year 2019 will be on November 6, 2018 agenda. The City of Fort Worth Public Art Annual Work Plan for Fiscal Year 2019, as adopted by City Council, will comprise the Arts Council's scope of work. The Annual Work Plan includes projects in progress and new public art projects previously approved by City Council in funding source-specific public art plans, as follows: • Public Art Plan for the 2004 Bond Program (M&C G-14801, May 17, 2005) • Public Art Plan for the Water Fund* (M&C G-15185, May 9, 2006) • Public Art Plan for the 2007 Critical Capital Needs (M&C G-17095, October 26, 2010) • Public Art Plan for the 2008 Bond Program (M&C G-17094, October 26, 2010) • Public Art Plan for the 2014 Bond Program (M&C G-18339, October 21, 2014) • Public Art Plan for the 2018 Bond Program (M&C G-19401, October 16, 2018) *The FY 2018 Annual Work Plan includes Collection Management allocations from the Water& Sewer Fund for cash-funded capital projects and was reflected in the FY 2019 City Budget for the Planning & Development Department. Logname: 06FY2019 PUBLIC ART IMPROVEMENT PLAN FOR FY2019 Page 1 of 2 Public art projects follow the guidelines contained in the City Council-adopted Fort Worth Public Art Master Plan Update (M&C G-19140, October 17, 2017). Individual City Council members are directly involved with 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. Section 2 of the ordinance addresses appropriations to designated funds for identified capital outlay. The action in this M&C is not included in the FY2019-2023 Capital Improvement Plan (CIP) and will amend FY2019 of the CIP. These projects are located throughout ALL COUNCIL DISTRICTS. 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 2019 Capital Improvement Plans, as appropriated in the designated capital projects and associated funds for the identified purposes. Prior to an expenditure being incurred, the Public Arts Council and the Planning and Development Department have the responsibility to validate the availability of funds. FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project JProgram ctivity Budget Reference # moun j� ID ID Year (Chartfield 2) FROM Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year Chartfeld 2 CERTIFICATIONS: Submitted for City Manager's Office by: Aaron Bovos (8517) Originating Department Head: Randle Harwood (6101) Martha Peters (8172983025) Additional Information Contact: Terry Hanson (7934) Logname: 06FY2019 PUBLIC ART IMPROVEMENT PLAN FOR FY2019 Page 2 of 2