HomeMy WebLinkAboutOrdinance 21122-02-2014 ORDINANCE NO. 21122-02-2014
AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH,
TEXAS (1986), CHAPTER 2, "ADMINISTRATION," ARTICLE HI, "BOARDS
AND COMMISSIONS," DIVISION 2, "ART CONINUSSION AND PUBLIC ART
PROGRAM,"TO AMEND THE DEFINITION OF"CITY OF FORT WORTH ART
COLLECTION" AND CONFORM RELATED SECTIONS; TO CLARIFY THE
COTVIPOSITION OF THE FORT WORTH ART COMMISSION; TO AMEND THE
PERCENT SET ASIDE OF CAPITAL IMPROVEMENT PROJECT FUNDING
FOR PROPOSITION ONE, "STREET AND TRANSPORTATION
IMPROVEMENTS," OF THE 2014 CAPITAL IMPROVEMENT PROGRAM; TO
AMEND FUNDING ALLOCATIONS AND APPROPRIATIONS; PROVIDING
FOR A SEVERABIFLITY 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 each proposition in the City of Fort Worth's bond programs;
WHEREAS, the City Council plans to call for a bond election to occur in May of 2014 to address
funding for street and transportation improvements, parks, and facilities ("2014 Capital Improvement
Program");
WHEREAS, the City has a limited debt capacity under which to issue bonds for the 2014 Capital
Improvement Program;
WHEREAS, after an extensive public input process, the City Council assigned the highest priority
among the 2014 Capital Improvement Program to projects involving street and transportation
improvements, which will be included within Proposition One, "*Street and Transportation Improvements,"
of the proposed bond election;
WHEREAS, to ensure adequate funding for the highest priority needs, the City Council wishes to
amend Section 2-61 of the City Code to allow for a one-time adjustment to the percentage set aside for the
Program from two percent (2%) to one percent (1%) for capital improvement project funding included in
Proposition One, "Street and Transportation Improvements," of the 2014 Capital Improvement Project;
WHEREAS, this percent for art reallocation is only meant to apply to Proposition One, "Street and
Transportation Improvements," of the 2014 Capital Improvement Program and shall not carry forward to
any future bond programs or affect any other bond propositions in the 2014 Capital Improvement Program;
and
WHEREAS, in the process of reviewing the City Code to formulate the proposed changes to
Program funding, staff noted that a change would be required in Section 2-61(b�) of the City Code and that
additional provisions in Sections 2-57(b), 2-58, and 2-60 could be made clearer through revisions,
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 0fRORTWORT0, TBXAB:
SECTION 1.
Chapter 2, "ADMINISTRATION," /\didm U[ "BOARDS AND COMMISSIONS," Division 2' "ART
COMMISSION AND PUBLIC ART PRO@KAM`" Section 2'57, ^DBFDN[rK}NS', mf the Code ofthe
City of Fort Worth` Texas (1986), as amended, is ben:bv further amended by revising subsection (b) to
read usfollows:
(b) City of Fort Worth /`ublio .Ar/ Co8ec/iox, means all Artworks commissioned by the
City of Fort Worth through its designated public art program and Artworks purchased by
or donated to the City ofFort Worth that have been accepted kv the City nf Fort Worth
into its designated public art program.
SECTION 2.
Chapter 2, "ADMINISTRATION," Article Di '^BO&R[)8 AND COMMISSIONS," Division 2, "ART
COMMISSION AND PUBLIC ART P8OGRAM,'` Section 2'58, ^^.FORT WORTH ART COMMISSION
CREATED, COMPOSITION; TERM" of the Code of the City nfFort Worth, Texas (|986), uyamended,
io hereby further amended hy revising this section 10 read as follows:
Sec. 2'58. Fort Worth Art Commission created; composition; term
There is hereby created the Fort VVnnh /\d Commission, comprised of nine members
appointed by u majority vote of the City Council, with the following composition: (u)
three art professionals, of which o1 least one munt be practicing artist and at least one m
curator; (b) two design professionals; and (o) four community representatives. Ex-o0cio,
non-voting members shall be the Fort VVodb City Manager orthat person's designee, and
the director or designee of any City of Fort Worth department with an eligible project
included in the Pian. Appointed members mfthe Fort Worth Art Commission sbo|| serve
v/i1h*u1 oompenautioo. Terms shall be as prescribed in this Article for City boards and
oozorniosi000, When any vacancies occur on the Fort Worth Art Commission by reason
of death, resignation, or other cause, such vucuuoiom ohu|| be filled in the nououor
provided for original appointment for the unexpired term.
SECTION 3.
Chapter 2, ^^/\[)MIN|ST&-AT|ON`" /\r1{c|e Dl' "BOARDS AND COMMISSIONS," Division 2, ^^AR]`
COMMISSION AND PUBLIC ART yDDGRArN`" Section 2-60` ^^A[)MTN\3TK&7lON OF THE
PUBLIC ART PLAN," of the Code of the City of Fort Worth` Texas (1986), as amended, is hereby
further amended by revising Subsections (e), (h)' and 6) ro read usfollows:
(C) Conducting surveys of the condition of the City ofFort Worth Public Art Collection
every two years. Each survey Would Ioo|ude u report on the condition of each Artwork,
prioritized recommendations for the restoration, repair, and rouioteuauoe of'the Artwork
and estimated cost for that restoration, repair, and maintenance. The report aho|i be
reviewed by the Fort Worth Art Commission and approved by the Fort Worth City
Manager.
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(h) Conducting insurance and conservation sucveya on the condition of the /\ctvnrk in
the City of Fort Worth Public Ad Collection. Coordinated with the city's risk
management function, these Surveys will be updated u1 least once every five years.
6) Development of conservation p|uo for the City of Fort YVodb Public /\d Collection
in consultation with the Fort Worth 8d Commission, with particular attention to any
Artwork requiring extraordinary operations or maintenance costs. The conservation plan
shall be reviewed by the Fort Worth City Manager and approved by the Fort Worth City
Council.
SECTION 4.
Chapter 2, ^�ADMINISTKAT[0N," Article Ul, ^1B{)&DI}S AND C0MM|SSl0NS," 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 revising Subsection (u) and adding
Subsection (u'l) to read oafollows:
(u) Except as otherwise provided in subsection (u-|)` funding for the Fort Worth Public
Art Program shall be accomplished hv annually setting aside two percent (2%) of Capital
Improvement Project fundingfbrpuh|io art. The percentage, approved in advance by the
City Council for the Public /\d Program, uba|| be added to the total cost of each
proposition in City of Fort Worth Capital Project programs. The xunne percentage will be
allocated from funds inc1uded in the operating budget ofthe Water and Sewer Fund for
cash financing of capital projects.
(a-|) With respect to capital improvement projects included in Proposition One, ^^St,uot
and Trans portaLinn |nnpnovementx," of the 20|4Capital Improvement Program, funding
for the Fort Worth Public /\d Program shall he accomplished by setting aside for public
ud one (l) percent of the Capital Improvement Project funding. The percentage,
approved in advance by the City Council for the Public Art Program, oba|| be added to
the total cost ofsuch proposition io City of Fort Worth Capital Project progra/n.
SECTION 5.
Chapter 2, '^AUK4INl8TDATl0N`^ Article Di ^^BD/\|{DS AND COMMISSIONS," Division 2` 'ART
COMMISSION AND PUBLIC ART PBD(]RAM'" Section 2'6|` ^'FONDDN(}" of the Code of the City of
Fort \Vodh` Texas (1986), as amended, is hereby further amended by revising auhseotion (b) to read as
follows:
(b) Funds uhu|| be used for artist fees and costs related to the production and maintenance
of Artwork. Funds xhu|| not be used for professional &ropbiuu' mass produced work or
work riot produced byan approved artist.
SECTION 6.
It is hereby declared to he the intention of the City Council that the sections, paragraphs, sentences,
clauses and phrases of this ordinance are smverubie, and if any section, paragraph, sentence, clause or
phrase shall be declared tnbc unconstitutional by the valid Judgment or decree of any Court ofoonopcten1
jurisdiction, such unconstitutionality shall riot affect any of the remaining sections, paragraphs, sentences,
clauses arid phrases of this ordinance, since the same would have been enacted by the City Council
Ordinance No.21122'02-2014
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without the incorporation in this ordinance of any suuh unoonahtutionaJ phrase, clause, sentence,
paragraph orsection.
SECTION 7.
That, this ordinance shall be ounou|utive of all provisions of the Code of the City of Fort Worth, Texas
(1486), 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
arid such Code are hereby repealed.
SECTION 8.
All right and remedies of the City ofFort 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 ofthis ordinance; and, as to such accrued violations and all pending litigation, both civil
and criminal, whether pending in court or riot tinder such ordinances, same uhu|| not be affected by this
ordinance, but may be prosecuted until Finu| disposition 6v the courts.
SECTION 9.
This ordinance shall take effect upon adoption.
APPROVED 4ST0FORM AND LEGALITY: ^~
sta itCity Attorney a nry KK a y!,4rt, Sec�*ary
ADOPTED AND EFFECTIVE: 4
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 211112014 - Ordinance No. 21122-022014
DATE: Tuesday, February 11, 2014 REFERENCE NO.: G-18123
LOG NAME: 20AMENID 2 PUBLIC ART ORDINANCE
SUBJECT:
Adopt Ordinance Amending Chapter 2, Article III, Division 2, Art Commission and Public Art Program, of
the City Code of Fort Worth to Clarify the Composition of the Fort Worth Art Commission and Conform
Related Sections, Amend Percent Set Aside for Public Art Funding from the Street and Transportation
Improvements Proposition of the 2014 Capital Improvement Program and Amend Funding Allocations and
Appropriations (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Chapter 2, Article III,
Division 2, Art Commission and Public Art Program, of the City Code of Fort Worth to clarify the
composition of the Fort Worth Art Commission and conform related sections, amend the percent set aside
for Public Art funding from the Street and Transportation Improvements Proposition of the 2014 Capital
Improvement Program, and amend the funding allocations and appropriations.
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 one-time change in the funding level for the public art program (Program) for
capital improvement project funding included in Proposition One, "Streets and Transportation
Improvements", of the 2014 Capital Improvement Program and to clarify additional sections of the Public
Art Ordinance to alleviate certain ambiguities.
On October 2, 2001, the Fort Worth City Council (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 an annual 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. The City Council plans to call for a bond
election to occur in May of 2014 to address funding for street and transportation improvements, parks, and
facilities (2014 CIP). The City has a limited debt capacity under which to issue bonds for the 2014 CIP
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 a one-time adjustment to the percentage set aside for the Program from two percent to one percent for
capital improvement project funding included in Proposition One, "Street and Transportation
Improvements", of the 2014 CIP only. To accomplish this proposed funding reallocation, the City Council
must amend Section 2-61 of the City Code. This percent for art reallocation is only meant to apply to
Proposition One, "Street and Transportation Improvements," of the 2014 CIP and shall not carry forward
to any future bond programs or affect any other bond propositions in the 2014 CIP. All other propositions
in the 2014 CIP will retain a two percent set aside for public art funding.
Logname: 20AM.END 2 PUBLIC ART ORDINANCE Page I of 2
In the process of reviewing the City Code to formulate the above-stated Amendment, Staff also
recommends amending the Public Art Ordinance to clarify that the funding formula used to base public art
allocations is on the full project costs of each bond proposition, and to clarify that the composition of the
Fort Worth Art Commission will consist of nine members with the following composition: (a) three art
professionals, of which at least one must be a practicing artist and at least one a curator; (b) two design
professionals; and (c) four community representatives. Staff also recommends amending the definition of
the City of Fort Worth Art Collection to include all works of art commissioned by the City of Fort Worth
through its designated public art program and artworks purchased by or donated to the City of Fort Worth
that have been accepted by the City into its designated public art program. Staff also recommends
clarifying references to the public art collection throughout the Public Art Ordinance to conform to the
above-stated Amendment.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Doug Wiersig (7801)
Tyler Wallach (7607)
Additional Information Contact: Martha Peters (8172983025)
Logname: 20AMEND 2 PUBLIC ART ORDINANCE Page 2 of 2