HomeMy WebLinkAboutOrdinance 20972-09-2013 Ordinance No. 20972-09-2013
AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH,
TEXAS (1986), CHAPTER 2, "ADMINISTRATION," ARTICLE 111, "BOARDS
AND COMMISSIONS," DIVISION 2, "ART COMMISSION AND PUBLIC ART
PROGRAM," SECTION 2-61, "FUNDING" TO ALLOW FOR A ONE-TIME
TRANSFER FROM THE SPECIALLY FUNDED CAPITAL PROJECTS FUND
FOR THE FORT WORTH, PUBLIC ART PROGRAM TO THE GENERAL PUND
IN AN AMOUNT UP TO $222,159.00 AND INCREASING THE ESTIMATED
RECEIPTS AND APPROPRIATIONS IN TIM GENERAL FUND IN AN AMOUNT
UP TO $222,159.00 FOR THE PURPOSE OF REIMBURSING THE GENERAL
FUND FOR COSTS ASSOCIATED WITH THE INSTALLATION OF A WORLD
TRADE CENTER ARTIFACT AT THE FORT WORTH MUSEUM OF SCIENCE
AND HISTORY; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS
ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Fort Worth Museum of Science and History("Museum")approached the
City of Fort Worth ("City") seeking assistance to fund the installation of a World Trade Center
artifact that will be the focus of a permanent exhibit titled "9/11 Tribute", a full-fagade panel that
once supported the three floors (101-103) located two stories above the center of the impact zone of
the North World Trade Center Tower( 'Artifact");
WHEREAS, the Artifact will be located in the Museum's main entrance so that the public
may have access to it free of charge, with an estimated exposure of more than 800,000 guests per
year;
WHEREAS, to help fulfill the public purpose of educating the general public about the
historical significance of the events that transpired on September 11, 2001 and their impact on the
history and course of our nation, the Fort Worth City Council ("City Council")authorized the use of
up to $222,159.00 from the General Fund to assist the Fort Worth Museum of Science and History
with the installation of the Artifact(August 6,2013-1 M&C G-17964);
WHEREAS, expenditures from the General Fund to support this project were intended to
be reimbursed from monies that would ordinarily be allocated to the Fort Worth Public Art Program
from the annual two percent set aside of the water and sewer fund for cash financing of capital
projects required per Section 2-61 of Chapter 2 of the City Code, adopted as part Of City of Fort
Worth Ordinance Number 14794("Public Ail Ordinance");
WHEREAS, in accordance with the Public Art Ordinance, the City Council authorized a
transfer in the amount of$1,010,302.42 from the fiscal year 2013 Water and Sewer Fund to the
Specially Funded Capital Projects Fund to support the Fort Worth Public Art Program and adopted
an appropriation ordinance in support thereof,
WHEREAS, the Public Ail Ordinance encumbers the use of funds dedicated to the Fort
Worth Public Art Program; therefore, an ordinance amendment permitting the one-time transfer of
such funds is necessary to allow for the reimbursement described herein;and
WHEREAS,the City Council desires to amend Section 2-61 of Chapter 2 of the City Code
to allow for a one-time transfer from the Specially Funded Capital Projects Fund for the Fort Worth
Public Ail Program to the General Fund in an amount up to $222,159.00 and appropriate said
Ordinance No.20972-09 2O13
Page I of 3
amount into the General Fund for the purpose of reimbursing the General Fund for costs associated
with the installation of the Artifact at the Museum.
BE IT ORDAINED BY THE CITY COUNCH-, OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
Chapter 2, "ADMINISTRATION," Article 111, "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 (1986), as amended, is hereby further amended by adding subsection (d-1) to read as
follows:
Sec. 2-6.1. Funding
(d-1) There shall be perm=itted a one-time transfer of funds from monies appropriated to the
Specially Funded Capital Projects Fund, for the fiscal year 2013 two percent set aside of the water and
sewer fund for cash financing of capital projects, to the General Fund in an amount up to $222,159.00 for
the purpose of reimbursing the General Fund for costs associated with the installation of a World Trade
Center Artifact at the Fort Worth Museum of Science and History.
SECTION 2.
That, in addition to those amounts allocated to the various City departments for Fiscal Year 2012-2013 in
the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the
General Fund in the arnount up to $222,159.00, from available funds, for the purpose of reimbursing the
General Fund for costs associated with the installation of the Artifact at the Museum.
SECTION 3.
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 tliis ordinance, since the same would have been enacted by the City Council
without the incorporation in this ordinance of any such unconstitutional ph-rase, clause, sentence,
paragraph or section.
SECTION 4.
That, this ordinance shall be cumulative of all provisions of all ordinances, including Ordinance Nos.
20411-09-2012 and 14794, and of the Code of the City of Fort Worth, Texas (1986), 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 5.
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 Foil 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
ordinance No.20 972-09-20 1 3
Page 2 of 3
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 6.
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
Assi a - it Attorney Mary J.Ka
nt Y y
. y , ity "',�cxetary
ADOPTED AND EFFECTIVE: September 242013
Ordinance No.20972-09-2013
Page 3 of 3
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/24/2013: - Ordinance Nos.20972-09-2013 and 20973-09-
2013
l / ,1 lii iiiJ /....in, .. ii� r Fl/✓i ':P/�/.ififi .�'?i/ F,/U/ll/ Ni///.;(W.... // fNi ',LJ}.'/®Ui/ mmlN //11..11111urtFi91Y;
DATE: Tuesday, September 24, 2013 REFERENCE NO.: G-18022
LOG NAME: 60PUBLIC ART TRANSFER 2013
SUBJECT:
Authorize Transfer from the Fiscal Year 2013 Water and Sewer Fund to the Specially Funded Capital
Projects Fund in the Amount of$1,010,302.42 to Support the Fort Worth Public Art Program and Adopt
Appropriation Ordinance, and Adopt an Ordinance Amending 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 to Allow for a One-Time Transfer from the Specially Funded Capital Projects Fund
for the Fort Worth Public Art Program to the General Fund to Design, Fabricate and Install a World Trade
Center Exhibit at the Fort Worth Museum of Science and History in an Amount Up to $222,159.00 and
Appropriation of Said Funds into the General Fund (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the transfer in the amount of$1,010,302.42 from the Fiscal Year 2013 Water and Sewer
Fund to the Specially Funded Capital Projects Fund to support the Fort Worth Public Art Program;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Specially Funded Capital Projects Fund in the amount of$1,010,302.42 from available funds; and
3. Adopt the attached Ordinance amending 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 to Allow for a One-Time Transfer from the Specially Funded Capital
Projects Fund for the Fort Worth Public Art Program to the General Fund in an amount up to
$222,159,00 and appropriation of said funds into the General Fund for the purpose of reimbursing
the General Fund for costs associated with the installation of a World Trade Center Artifact at the
Fort Worth Museum of Science and History.
DISCUSSION:
The purposes of this Mayor and Council Communication (M&C) are (1) to authorize the transfer and
appropriation of$1,010,302.42 from the Fiscal Year 2013 Water and Sewer Fund to the Specially Funded
Capital Projects Fund to support the Fort Worth Public Art Program (Public Art)and, subsequently, (2) to
authorize the transfer and appropriation of a portion of said funds totaling an amount up to $222,159.00
from the Specially Funded Capital Projects Fund to the General Fund to reimburse the General Fund for
cost associated with the installation of a World Trade Center Artifact (Artifact) at the Fort Worth Museum
of Science and History.
Chapter 2, Article III, Division 2, Section 2-61 of the City Code, adopted as part of City of Fort Worth
Ordinance Number 14794.(Public Art Ordinance), requires that two percent of the annual operating budget
of the Water and Sewer Fund for cash financing of capital projects be allocated to Public Art. The annual
Logname: 60PUBLIC ART TRANSFER 2013 Page 1 of 2
two percent set aside for Fiscal Year 2013 equates ho $1.O1O'3D2.42 and, upon City Council approval, will
be transferred from the Water and Sewer Fund for Cash-Funded Capital hothe Specially Funded Capital
Projects Fund for Public Art.
In accordance with the Fort Worth Public Art Master Plan (adopted by Qty Council on September 30.
2003. M&CG-14087\ and the Long Range Public Art Plan for the Water Fund (adopted bv City Council nn
May 0. 2800; M&C G-1 5185), these funds provide for the administration of the Fort Worth Public Art
Program, conservation and maintenance of the Fort Worth Public Art Collection, and new public art
projects as recommended by the Fort Worth Art Commission (Art Commission) in the Fort Worth Public
Art Annual Work Plan and approved by City Council.
{}n August O. 2D13. the City Council authorized the use ofuphz $222.159.GO from the General Fund to
assist the Fort Worth Museum of Science and History with the installation of the Artifact to be placed at the
Fort Worth Museum of Science and History inside of the Urban Lantern as a permanent exhibit, free (othe
public/M8CE)'17904>. As part of that M&C, staff informed the City Council that it anticipated seeking
future authorization horeimburse the General Fund from funds that would ordinarily bm allocated toPublic
Art from the above-stated annual two percent set aside and that such action would require aone-time
amendment tn the Public Art Ordinance. The Public Art Ordinance encumbers the use o[funds dedicated
to Public Art; therefore, an ordinance amendment permitting the one-time transfer nf such funds is
necessary to allow for the reimbursement described herein. |n keeping with its original recommendation
set forth in K8&C G-1 7964, staff now requests that the City Council adopt the attached ordinance
amending the Public Art Ordinance to allow for a one-time transfer from the Specially Funded Capital
Projects Fund for Public Art to the General Fund in an amount up to $222,159.00 to reimburse the
General Fund for costs associated with the installation of the Artifact.
The Art Commission was apprised of the above-stated funding transfer to support the installation of the
Artifact and is recommending the following allocation in the Fort Worth Public Art Fiscal Year 2014 Annual
Work Plan based on the revised public art funding in the amount of$788,143.42: Program administration
of$438.078.OD; Annual maintenance of the public art collection of$50.DOO.0O; deposit into the Public Art
Conservation Fund ofS1O0.00U.0U; and the remaining $199.165.42 to implement public art project at the
Public Safety Training Center.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations
and adoption of the attached appropriation ordinance, funds will be available in the current capital budgat,
as appropriated, of the Specially Funded Capital Projects Fund and the General Fund,
FUND CENTERS:TO Fund/AccountlCenters FROM Fund/Account/Centers
1 &2) C291 472045 201989990500
$1,010,302.42 ��10,302.42
4&5) GG01 539120 0901600 �22�9.00 $1,010,30142
4&5) GG01 472291 0901600 $222,1500 $222,150.00
CERTIFICATIONS:Submitted for City Manager's Office by:
Fernando Costa (0122)
Originating Department Head., S. Frank Crumb (8207)
Additional Information Contact: Jan Hale (8438)
Loguuozc60PLBLJC ART TRANSFER 2Ol] Page 2of2
_