HomeMy WebLinkAboutOrdinance 26255-06-2023ORDINANCE NO. 26255-06-2023
AN ORDINANCE ADJUSTING APPROPRIATIONS IN THE 2014 BOND
PROGRAM FUND, BY DECREASING APPROPRIATIONS IN THE FOLLOWING
FORT WORTH PUBLIC ART PROJECTS: (1) FWPA-ICONIC DOWNTOWN
PROJECT (CITY PROJECT NO. 102675) BY $515,685.00 AND (2) NORTH
SERVICE CENTER (CITY PROJECT NO. 100210) BY $70,750.00; AND BY
INCREASING APPROPRIATIONS IN THE 2021 CONCRETE RESTORATION 4
PROJECT (CITY PROJECT NO. 103207) BY THE SAME TOTAL AMOUNT OF
$586,435.00; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS
ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING 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 1.
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 also be adjusted appropriations in the 2014 Bond Program Fund by
decreasing appropriations in the following Fort Worth Public Art projects (1) FWPA-Iconic Downtown
Program (City Project No. 102675) by $515,685.00 and (2) North Service Center (City Project No. 100210)
by $70,750.00, and increasing appropriations in the 2021 Concrete Restoration 4 project (City Project No.
103207) by the same total amount of $586,435.00.
From
To
Project No.
Project Description
Amount
Project No.
Project Description
Amount
102675
FWPA-Iconic Downtown project
$ (515,685.00)
103207
2021 Concrete Restoration 4 proje
$ 586,435.00
100210
North Service Center project
$ (70,750.00)
TOTAL APPROPRIATION DECREASE
$ (586,435.00)
TOTAL APPROPRIATION INCREASE
$ 586,435.00
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void
for any reason by a court of competent j urisdiction, such decision, opinion or j udgment 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said prior ordinances and appropriations are hereby expressly repealed.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:
0- of
Assistant City Attorney
ADOPTED AND EFFECTIVE: June 27, 2023
CITY SECRETARY
Jannette S. Goodall
City Secretary
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 06/27/23 M&C FILE NUMBER: M&C 23-0521
LOG NAME: 03PUBLIC ART PROJECT FUNDING RECOMMENDATIONS
SUBJECT
(ALL) Authorize Reallocation of Older Debt Proceeds and Pay -As -You -Go Funds between Public Art and Other Eligible Projects in Order to
Expedite Usage of the Debt Proceeds and Maintain Total Funding Amount for Public Art while Adjusting Funding for Specified Projects
and Adopt Appropriation Ordinances
RECOMMENDATION:
It is recommended that the City Council:
1. Cancel the previously planned Bonnie Brae esplanade public art project so that associated funds ($224,441.96) may be allocated toward
other public art projects;
2. Adopt the attached ordinance increasing estimated receipts and appropriations in the Street Improvements Fund, in the amount
of $207,414.33, from available Unspecified Public Art funds, for the 2021 Concrete Restoration Contract project (City Project No. 102882);
3. Adopt the attached ordinance adjusting estimated receipts and appropriations in the 2007 Critical Capital Projects Fund by (i) decreasing
estimated receipts and appropriations in the following FWPA projects: Bonnie Brae (City Project No. 100198) by $160,685.96, Altamesa
(City Project 100945) by $358,545.40, and Stop Six, Stalcup & Ramey project (City Project No. CO2114) by $166,186.53 and (ii) increasing
estimated receipts and appropriations in the 2021 Concrete Restoration Contract project (City Project No. 102882) by $685,417.89;
4. Adopt the attached ordinance adjusting estimated receipts and appropriations in the Street Improvements 2008 Fund by (i) decreasing
estimated receipts and appropriations in the following FWPA projects: Bonnie Brae (City Project No. 100198) by $63,756.00, Prairie Dog
Park (City Project 101154) by $357,089.00, Marine Creek Parkway (City Project 101158) by $511,067.95, Summer Creek Roundabout
(City Project 102772) by $187,967,24, and Overton Park Phase 2 (City Project CO2570) by $52,890.00 and (ii) increasing
estimated receipts and appropriations in the Concrete Rehabilitation project (City Project No.102884) by $1,172,770.19;
5. Adopt the attached ordinance adjusting appropriations in the 2014 Bond Program Fund by (i) decreasing appropriations in the following
FWPA projects: FWPA-Iconic Downtown project (City Project No. 102675) by $515,685.00, North Service Center (City Project No. 100210)
by $70,750.00 and (ii) increasing appropriations in the 2021 Concrete Restoration 4 project (City Project No. 103207) by $586,435.00; and
6. Adopt the attached ordinance adjusting estimated receipts and appropriations in the General Capital Projects Fund by (i) decreasing
estimated receipts and appropriations in the following projects: 2021 Concrete Restoration Contract project (City Project No. 102882) by
$892,832.22, the Concrete Rehabilitation project (City Project No.102884) by $1,172,770.19, and the Concrete Rehabilitation 4 project (City
Project No. 103207) by $586,435.00, and (ii) increasing estimated receipts and appropriations in the following FWPA projects: SH121
Public Art project (City Project No. c01639) by $224,441.96, Altamesa (City Project 100945) by $358,545.40, Stop Six, Stalcup & Ramey
project (City Project No. CO2114) by $373,600.86, Prairie Dog Park (City Project 101154) by $357,089.00, Marine Creek Parkway (City
Project 101158) by $511,067.95, Summer Creek Roundabout (City Project 102772) by $187,967.24, Overton Park Phase 2 (City Project
CO2570) by $52,890.00, FWPA-Iconic Downtown project (City Project No. 102675) by $515,685.00, North Service Center (City Project No.
100210) by $70,750.00.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to reallocate funding between identified public art projects that were allocated
funds out of older debt issuances and pay-as-you-go capital projects that would be eligible uses under the issuances in question.
The goal is to promptly expend the debt proceeds while maintaining the funding level for public art. The M&C also cancels a previously approved
public art project to reallocate the funds as detailed below and appropriates unspecified public art funds for expedited use on an active public art
project.
Reallocation of Previously Appropriated Pay -As -You -Go Capital Funds (Funding Swap)
A few of the projects that were included in the Fort Worth Public Art (FWPA) Plans and slated for funding out of the Street Improvements, 2007
Critical Capital Projects, Street Improvements 2008, and 2014 Bond Program Funds have been delayed due to extenuating
circumstances. Because it remains uncertain when the art projects would be fully completed and the debt proceeds fully expended, staff is
proposing swapping funding sources in a total cumulative amount of $2,652,037.41.
The Transportation and Public Works Department has identified previously approved and funded pay -go transportation capital projects that are in
process or recently completed and that meet the eligibility requirements for expenditure of the various debt obligations at issue.
To get the older debt proceeds expended as expeditiously as possible, approval of this M&C and the attached ordinances would make the funding
source for the transportation projects the debt proceeds funds, and the pay -go capital funding that was previously associated with those projects
would be allocated to the art projects.
Reallocating previously approved contract street maintenance expenses to residual debt proceeds frees up the unrestricted pay-as-you-go capital
dollars, which can then be used to maintain the funding level for public art projects.
The following chart shows the current pay -go capital source for the road project and how those costs would be allocated to the legacy debt
proceeds:
Project # Description Amount Current Fund Proposed Fund
102882 2021 Concrete $207,414.13 General Capital Street
Restoration Contract Projects Fund (Pay- Improvements
go)
102882 2021 Concrete $685,417.89 General Capital 2007 Critical
Restoration Contract Projects Fund (Pay- Capital Projects
go)
102884 Concrete $1,172,770.19 General Capital Street
Rehabilitation project Projects Fund (Pay- Improvements 2008
go) Fund
103207 2021 Concrete $586,435.00 General Capital 2014 Bond
Restoration 4 Projects Fund (Pay -
go)
TOTAL $2,652,037.41
Programming Freed -up Pay -Go Dollars to Public Art
In most cases, staff recommends that the existing funding amount for the public art projects remain the same with only the source of the funding
changing. In three instances, detailed below, staff is recommending that the funding for art projects be increased or repurposed.
One -for -one swaps
The following chart shows the art projects for which the funding source is changing but the amount is remaining constant, reflecting both their
current and proposed funding sources:
Project # Description
Amount
Current Fund
Proposed Fund
100945
Altamesa
$358,545.40
2007 Critical
General Capital
Capital Needs
Projects Fund
Projects
101158
Marine Creek
$511,067.95
Street
General Capital
Parkway
Improvements 2008
Projects Fund
Fund
101154
Prairie Dog Park
$357,089.00
Street
General Capital
Improvements 2008
Projects Fund
Fund
102772
Summer Creek
$187,967.24
Street Improvements
General Capital
Roundabout
2008 Fund
Projects Fund
CO2570 Overton Park Phase 2 $52,890.00 Street Improvements General Capital
2008 Fund Projects Fund
102675 FWPA - Iconic $515,685,00 2014 Bond General Capital
Downtown Program Fund Projects Fund
(Convention Center)
100210 North Service Center $70,750.00 2014 Bond General Capital
Program Fund Projects Fund
SUBTOTAL
$2,053,994.59
+ Subtotal from Below $598,042.82
TOTAL $2,652,037.41
Adjusting and Reallocating Art Funds
Staff recommends additional changes for two art projects beyond simply substituting funding sources.
The "Stop Six" public art project at Stalcup and Ramey has funding shortfalls and is expected to exceed its current allocation of $166,186.53. This
project is anticipated to draw considerable attention and interest given its location at the heart of the multi -million dollar Choice Neighborhood
Initiative grant area. Following the swap, staff recommends currently unspecified public art dollars (Recommendation 2) be added to this project,
bringing the project's budget to $373,600.86. Detailed information on the nature and reasons for the various shortfalls in the project is included in
an attachment to this M&C.
The second change relates to funding associated with an art project that had been planned for the esplanade running down the middle of the
divided roadway on Bonnie Brae. Despite general community approval of the concept for the art, its planned location proved to be highly
controversial and unpopular among nearby residents. In order to keep the funding in the same general geographic area, staff proposes cancelling
the Bonnie Brae project and utilizing the resulting $224,441.96 toward the State Highway (SH) 121 Art and Landscape Project.
The Fort Worth Art Commission recommended the above funds reallocations on March 20th, 2023. Council Member Blaylock and Mayor Pro Tern
Bivens concur with the FWAC's recommendation.
The following chart shows the current and revised projects:
Project # Description Amount Current Fund Proposed Fund
CO2114 Current Stop Six, $166,186.53 2007 Critical General Capital
Stalcup & Ramey Capital Projects Projects Fund
Unspecified Public Art $207,414.33 Street General Capital
Funds Improvements Fund Projects Fund
Revised Stop Six, $373,600.86 General Capital
Stalcup & Ramey Projects Fund
100198 Bonnie Brae
(canceled)
100198 Bonnie Brae
(canceled)
C01639 SH121 Art &
Landscaping Project
SUBTOTAL
$160,685.96 2007 Critical
Capital Projects
$63,756.00 Street
$224,441.96
$598,042.82
+ Subtotal from Above $2,053,994.59
TOTAL $2,652,037.41
Improvements 2008
Fund
General Capital
Projects Fund
This will serve ALL COUNCIL DISTRICTS.
A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION l CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Unspecified -Public Art Enhan project within the Street Improvements Fund
and other various projects within the 2007 Critical Capital Projects, Street Improvements 200E and 2014 Bond Program and upon approval of the
above recommendations and adoption of the attached appropriation ordinances, funds will be available in the General Capital Projects Fund for
the various projects. Prior to an expenditure being incurred, the Transportation Public Works and FWLab have the responsibility of verifying the
availability of funds.
Submitted for City Manager's Office by. Reginald Zeno 8517
Originating Business Unit Head: Richard Zavala 5704
Additional Information Contact: Martha Peters 817-298-3025
Expedited