HomeMy WebLinkAbout28466-04-2026 - City Council - OrdinanceOrdinance No.28466-04-2026
AN ORDINANCE REVISING 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, TO EXCEPT AFFORDABLE HOUSING, NATURAL
AND OPEN SPACE, LAND -ACQUISITION -ONLY AND DESIGN -ONLY
BOND PROPOSITIONS AND PROJECTS FROM THE PERCENTAGE SET
ASIDE FOR PUBLIC ART; 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 a 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 every bond program since 2014, the set aside for the street -related
improvements proposition has been one percent (1%) in light of the identified multi -billion -dollar
street -related needs;
WHEREAS, in 2022, the City included a proposition for Open Space and Natural Area
Improvements with no percentage set aside for public art because the program consists primarily
of acquiring interests in land with very limited construction;
WHEREAS, the City Council has called for a bond election to occur in May of 2026 to
address funding for street and mobility infrastructure; park, recreation, and open space acquisitions
and improvements; public library improvements; affordable housing; public safety improvements;
and animal care and shelter improvements (Ordinance No. 28313-02-2026) ("2026 Bond Program");
and
WHEREAS, the City Council wishes to amend Section 2-61 of the City Code to provide
exceptions from the generally applicable public art set aside for the affordable housing proposition
and for those portions of any bond proposition that consist of funding for natural area and open space
acquisitions and improvements, any land -acquisition -only projects, and any design -only projects
beginning within the 2026 Bond Program and applicable to all future bond programs unless and until
amended by City Council.
Ordinance 28466-04-2026
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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 amended 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; 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 or proiect in a bond program taken to the
voters in or after 2022, no funding shall be set aside for public art. With respect to
land-acquisition-onlv or desiszn-onlv projects included within a proposition in a bond
program taken to the voters in or after 2026. no funding shall be set aside for public
art. With respect to anv affordable housing proposition in a bond nroizram taken to
the voters in or after 2026, 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.
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.
Ordinance
28466-04-2026
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SECTION 4.
All rights 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,
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:
Assistant City Attorney
ADOPTED AND EFFECTIVE: April 28, 2026
CITY SECRETARY:
Jannette S. Goodall
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Ordinance
28466-04-2026
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