HomeMy WebLinkAboutOrdinance 25463-04-2022 ORDINANCE NO. 25463-04-2022
AN ORDINANCE REVISING CHAPTER 2, "ADMINISTRATION,"
ARTICLE 111, `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 ADJUSTING
THE PERCENTAGE SET ASIDE OF BOND PROGRAM FUNDING FOR
ART FROM STREETS AND MOBILITY INFRASTRUCTURE
IMPROVEMENTS PROPOSITIONS AND NATURAL AREA AND OPEN
SPACE IMPROVEMENTS PROPOSITIONS BEGINNING WITH THE 2022
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 propositions in the City of Fort Worth's bond programs, except where
otherwise provided;
WHEREAS, in light of the identified multi-billion-dollar need for street-related
improvements to address growth in new areas and aging infrastructure in older areas, in 2014 and
2018 the City Council amended the Public Art Ordinance to provide for a one percent(1%) set aside
for capital improvement project funding included in the street proposition for each of those bond
programs (Ordinance Nos.No. 21122-02-2014 and 23112- 02-2018);
WHEREAS, the City Council has called for a bond election to occur in May of 2022 to
address funding for street and transportation improvements,parks,library and public safety facilities,
and natural areas and open space (Ordinance No. 25325-02-2022) ("2022 Bond Program");
WHEREAS, the 2022 Bond Program election ordinance provides for a 1% set aside for
public art under Proposition A, "Streets and Mobility Infrastructure Improvements," and for no
percentage set aside for public art for Proposition E, "Open Space and Natural Area Improvements,"
which will consist primary of acquiring interests in land with only limited construction;
WHEREAS,the City Council wishes to amend Section 2-61 of the City Code to conform to
the public art funding provided for under the 2022 Bond Program election ordinance and the practice
since 2014 of setting the Public Art set aside from the street proposition at 1% and to make such
change for future bond programs unless and until amended by City Council.
Ordinance 25463-04-2022
Page 1 of 3
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 revised by modifying
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
atWi Proposition A," Streets and Mobility Infrastructure Improvements," of the 2018
bond program; and any street-related proposition in a bond program taken to the
voters in or after 2022, 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. With respect to capital improvement projects included in
any natural area and open space proposition in a bond program taken to the voters in
or after 2022,no funding shall be set aside for public art.
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,
Ordinance 25463-04-2022
Page 2 of 3
same shall not be affected by this ordinance, but may be prosecuted until final disposition by the
courts.
SECTION 5.
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY: CITY SECRETARY:
47
Jannette S.Goodall(Apr 13,202215:43 CDT)
Assistant City Attorney Jannette S. Goodall
ADOPTED AND EFFECTIVE: April 12,2022 OF
Ordinance 25463-04-2022
Page 3 of 3
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 04/12/22 M&C FILE NUMBER: M&C 22-0253
LOG NAME: 032022 BOND ELECTION AMENDMENT PUBLIC ART PROGRAM
SUBJECT
(ALL)Adopt Ordinance Revising 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, by Adjusting the Percentage Set Aside of Bond Program Funding for Art from Streets and Mobility Infrastructure
Improvements Propositions and Natural Area and Open Space Improvements Propositions Beginning with the 2022 Bond Program
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance revising 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, by adjusting the percentage set aside of bond program funding for art
from streets and mobility infrastructure improvements propositions and natural area and open space improvements propositions beginning with
the 2022 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 streets and mobility infrastructure improvements propositions and natural area and
open space improvements propositions beginning with the 2022 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,except as otherwise provided.
In light of the identified multi-billion-dollar need for street-related improvements to address growth in new areas and aging infrastructure in older
areas, in 2014 and 2018 the City Council amended the Public Art Ordinance to provide for a one percent(1%)set aside for capital improvement
project funding included in the street proposition for each of those bond programs(Ordinance Nos. No.21122-02-2014 and 231 12-02-2018).
The City Council has called for a bond election to occur in May of 2022 to address funding for street and mobility infrastructure improvements,
parks,library, and public safety facilities, and natural areas and open spaces(Ordinance No.25325-02-2022;"2022 Bond Program").The City
has a limited debt capacity under which to issue bonds for the 2022 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 public art funding from two percent to one percent included in Proposition
A,"Streets and Mobility Infrastructure Improvements",and from two percent to zero percent included in Proposition E,"Natural Area and Open
Space"of the 2022 Bond Program.To accomplish this proposed funding reallocation,the City Council must amend Section 2-61 of the City Code.
Moreover,staff recommends amending Section 2-61 of the City Code to apply this change going forward in order to conform to the public art
funding provided for under the 2022 Bond Program election ordinance and the practice since 2014 of setting the Public Art set aside from the
street proposition at 1%unless and until amended by City Council.
This percent for art reallocation shall not affect any other bond propositions in the 2022 Bond Program.All other propositions in the 2022 Bond
Program will retain a two percent set aside for public art funding.
A Form 1295 is not required because: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.
Submitted for City Manager's Office bk Fernando Costa 6122
Originating Business Unit Head: Mark McAvoy 6222
Additional Information Contact: Martha Peters 817-298-3025