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Home My WebLink AboutOrdinance 26055-04-2023ORDINANCE NO. 26055-04-2023 AN ORDINANCE ADJUSTING ESTIMAT�D REC�IPTS AND APPROPRIATIONS IN THE SPECIALLY FUNDED PROJECTS FUND, BY INCREASING ESTIMATED I2ECEIPTS AND APPROPRIATIONS IN THE FWPA- E. ROSEDALE UNDERPASS PRO,TECT (CITY PROJECT NO. 104716) IN THE AMOUNT OF $49,000.00 AND DECItEASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE FWPA-GUINN SCHOOL PROJECT (CITY PROJECT NO. 102770) BY THE SAME AMOUNT; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; R�PEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION l. That in addition to those amounts allocated to the various City departments for Fiscal Year 2022-2023 in the Budget of the City Manager, there shall aiso be adjusted estimated receipts and appropriations in the Specially Funded Projects Fund, by increasing estimated receipts and appropriations in the FWPA — E. Rosedale Underpass project (City Project No.104716) in the amount of $49,000.00 and decreasing estimated receipts and appropriations in the FWPA — Guinn School project (City Project No. 102770) by the same amount. SECTION 2. That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any i•eason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect. SECTION 3. That this ordinance shall be cumulative of Ordinance 25773-09-2022 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. SECTION 4. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: �)a.�.:� uJ�,,� Assistant City Attorney CITY SECRETARY q�,� � �� ,o.ao.a Jannette S. Goodall ,o. F�) City Secretai•y A�oopO° � a�.o° pa� ADOPTED AND EFFECTIVE: April 11, 2023 a° °� 0 0 0 0 o p � o _o° � � MAP Located in Council District 8(76104) are: (1) The proposed Guinn School Plaza site shown in yellow; and, (2) The East Rosedale Street at Interstate 35W Underpass shown in blue. , � _ �� I �i • - - �� s � �r��a , I � � �. � t � � ` ��;I I �'I ' � � � �� , �::a R1�-;J� J�. ,� :.�I I . .�� . -�'�«��.-;�.�_ . 4 -- � ! w� I 1 �`� f I � L � r ,� � V � . ,-•: i�Ir. �� ►�� Y !! � M� � �� I� i Y;` � � �' `- '��,� �i it � ` `� ,��.�.� �;`� �.-�k� .�_!7� �� A '1� 11__ � - '. �"�°``�,�,I !�I: �� -� �� - ��': � � y • �� '�J i', � � ;y : I � ��I 11�-� �4-� f' ,, 1111 �� .. �. i.._.1...�.:3 �!i r _ • - -+, �1 '�� '� , . View of the East Rosedale Street at Interstate 35W Underpass lool<ing east. City of Fort Worth, Mayor and Texas Council Communication DATE: 04/11/23 M&C FILE NUMBER: M&C 23-0245 LOG NAME: 03PUBLIC ART FUND REPROGRAMMING FOR DISTRICT 8 SUBJECT (CD 8/ Future CD 11) Adopt Appropriation Ordinances for the Street Improvements Fund and Specially Funded Capital Projects Fund in a Combined Amount of $95,000.00 to Reallocate Funding from the Canceled FWPA-Guinn School Project to the FWPA-E. Rosedale Underpass Project in Accordance with the Fort Worth Public Art FY2023 Annual Work Plan and Amend the Fiscal Years 2023-2027 Capital Improvement Program RECOMMENDATION: It is recommended that the Ciry Council: 1. Adopt the attached ordinance adjusting appropriations in the Street Improvements Fund by increasing estimated receipts and appropriations in the FWPA-E. Rosedale Underpass project (City Project No. 104716) in the amount of $46,000.00 and decreasing estimated receipts and appropriations in the canceled FWPA-Guinn School project (City Project No. 102770) by the same amount; 2. Adopt the attached ordinance adjusting appropriations in the Specially Funded Projects Fund by increasing estimated receipts and appropriations in the FWPA-E. Rosedale Underpass project (City Project No. 104716) in the amount of $49,000.00 and decreasing estimated receipts and appropriations in the canceled FWPA-Guinn School project (Ciry Project No. 102770) by the same amount; and 3. Amend the Fiscal Years 2023-2027 Capital Improvement Program. DISCUSSION: The purpose of this Mayor & Council Communication (M&C) is to reallocate unspent public art funds to a new project within the same issuance of debt and, in the case of bonds within the same voter-approved proposition, originally appropriated to Guinn School Plaza Public Art Project (City Project No. 102770), which is no longer viable due to changes in the City of Fort Worth priorities. The unspent public art funds will be reallocated to the East Rosedale Street Underpass at Interstate 35 West (City Project No. 104716), for which improvements will be made using Southside Tax Increment Financing (TIF) #4 funds. The reprogrammed public art funds will support the final design of the artwork for this site. On December 7, 2022, the Southside TIF Board #4 approved a total of $1,620,000.00 for design and construction of improvements at the East Rosedale Street Underpass, including approximately $610,000.00 for construction only of public art at this site. With the City Council's adoption of the attached appropriation ordinances, remaining funds from the Guinn School Public Art Project in Council District 8 will be reprogrammed to the East Rosedale Street Underpass from the following funding sources: • 2004 Bond Program (Public Art Plan adopted as M&C G-14801 on May 17, 2005) in the amount of $46,000.00 • Specially Funded Projects Fund for Public Art in the amount of $49,000.00 On July 11, 2022, the Fort Worth Art Commission (FWAC) approved cancelation of the Guinn School project and reprogramming of the remaining funds in order to provide funding for the East Rosedale Street Underpass improvement project. Prior to FWAC consideration, staff briefed Ciry Council Member Nettles, who concurs with this action. Ciry Council approved the Fort Worth Public Art FY2023 Annual Work Plan that canceled the Guinn School project and reallocated the related funding to the East Rosedale Street Underpass on November 29, 2022 (M&C 22-0932). The action in this M&C will amend the FY2023-2027 Capital Improvement Program as approved in connection with Ordinance 25773-09-2022. Public art projects follow the guidelines contained in the Fort Worth Public Art Master Plan Update (adopted by Ciry Council on October 17, 2017 as M&C G-19140). Individual City Council Members are directly involved with public art projects in their districts. City Council, as a body, authorizes all Artwork Commission Contracts, through separate M&Cs. Funding is budgeted in the Specially Funded Projects and Street Improvements Funds. This project will serve COUNCIL DISTRICT 8 and Future COUNCIL DISTRICT 11. 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 funds are currently available in the FWPA - Guinn School project within the Specially Funded Projects Fund and Street Improvements Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the Specially Funded Projects Fund and Street Improvements Fund for the FWPA E. Rosedale Underpass project. Prior to an expenditure being incurred, the Transportation and Public Works and Planning and Development Departments have the responsibility of verifying the availability of funds. Submitted for City Manager's Office bk Reginald Zeno 8517 Originating Business Unit Head: Richard Zavala 5704 Additional Information Contact: Martha Peters 817-298-3025 Expedited