HomeMy WebLinkAboutOrdinance 14794....
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' ORDINANCE NO ~ ~ ~~
AN ORDINANCE REVISING AND AMENDING DIVISION 2 "ART COMMISSION" OF
TITLE III "BOARDS AND COMMISSIONS" OF CHAPTER 2 "ADMINISTRATION"
OF THE CODE OF THE CITY OF FORT WORTH TO PROVIDE FOR THE ART
COMMISSION AND DESCRIBING ITS POWERS AND DUTIES, PROVIDING FOR
THE FORT WORTH PUBLIC ART PROGRAM AND DELINEATING THE
ADMINISTRATION OF SAME; PROVIDING A SAVINGS CLAUSE, PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS
SECTION 1
That Division 2 "Art Commission," of Title III "Boards and Commissions" of Chapter 2
"Admin;stration" of the Code of the City of Fort Worth, is hereby revised and amended and after
said revision and amendment shall read as follows.
Division 2. Art Commission and Public Art Program
Sec 2-56 Purposes
a) Fort Worth Art Commission The purpose and object of the art commission created by this
division is to zct as an advisory board to the city council relating to all questions
involving public art and the Fort Worth Public Art Program.
b) Fort Worth Public Art Program The purposes of the Fort Worth Public Art Program are
to create an enhanced visual environment for Fort Worth residents, to commemorate the
City's rich cultural and ethnic diversity, to integrate the work of artists into the
development of the City's capital infrastructure improvements, and to promote tounsm
and economic vrtahty m the City through the artistic design of public spaces.
Section 2-57 Definitions
As used in this division, unless the context clearly indicates otherwise•
(a) art or artwork means works m any permanent medium or combination of media,
produced by artists who are generally recognized by critics and peers as professionals of
serious intent and substantial ability
(b) City of Fort Worth art collection means all public works of art located m the City of
Fort Worth.
(c) Public Art Plan or Plan means the prioritized list of public art projects to be
commenced during a fiscal year and the budget to effect it.
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Sec. 2-58 Fort Worth Art Commission created, composition, term.
There is hereby created the Fort Worth Art Commission, comprised of nine members appointed
by a majority vote of the City Council, with the followmg composition. five art professionals, of
which at least one must be a practicing artist and at least one a curator; two design professionals,
and four community representatives. Ex-officio, non-voting members shall be the Fort Worth City
Manager or his/her designee, and the director or designee of any City department with an eligible
project included m the Plan. Appointed members of the Fort Worth Art Commission shall serve
without compensation. Terms shall be as prescribed m this Article for. City boards and
commissions. When any vacancies occur on the Commission by reason of death, resignation or
other cause, such vacancies shall be filled m the manner provided for original appointment for the
unexpired term.
Sec 2-59 Powers and Duties
The Fort Worth Art Commission shall advise and make recommendations to the Fort Worth City
Council regarding the Public Art Program concerning the following matters:
(a) Administration of the Public Art Program, including the qualifications of the entity and
the scope of services necessary to administer the program,
(b) Public Art policies and procedures,
(c) Artist selection furies and process,
(d) Commission and placement of artworks;
(e) Maintenance and removal of artworks;
(f) Preparation of the recommendations for the annual Public Art Plan
Sec 2-60 Administration of the Public Art Plan
Day-to-day administration of the Fort Worth Public Art Program shall be provided by an
appropriate entity selected by the Fort Worth City Council through a Contract for Services. The
administrative duties of the selected entity shall include the followmg:
(a) Preparation of the annual Public Art Plan, in consultation with the Fort Worth Art
Commission, the City Manager and/or his/her designee, the directors of all City
departments with eligible projects included m that plan, and the Mayor and City Council,
as appropriate.
(b) Preparation and presentation of recommendations for the annual Public Art Plan to the
Fort Worth Art Commission and to the Mayor and Council Members and the City
Manager
(c) Administration of all aspects of the Public Art Program, mcludmg, the following: 1) the
establishment of program policies and guidelines; 2) the development of program
budgets, artist selection processes and furies, 3) public education and all other aspects of
carrying out the Program.
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(d) Reporting annually to the Fort Worth Art Commission and Fort Worth City Council and
City Manager regarding prior year activities related to the Public Art Program.
(e) Provision of staff support to the Fort Worth Art Commission.
(f) Development of policies and procedures, in consultation with appropriate City
representatives, for approval by the City Council, to ensure that public projects into
which public art is to be incorporated can be designed, bid and constructed m such a
manner that the incorporation of public art does not adversely impact the design or
construction of those projects.
(g) Conducting surveys of the condition of the public art collection every two years. Each
survey would include a report on the condition of each artwork, prioritized
recommendations for the restoration, repair and maintenance of the artwork and
estimated cost for that restoration, repair and maintenance. The report shall be reviewed
by the Fort Worth Art Commission and approved by the Fort Worth City Manager
(h) Conducting Insurance and Conservation Surveys on the condition of the artwork in the
City collection. Coordinated with the city's risk management function, these surveys will
be updated at least once every five years.
(i) Conducting an evaluation of the Public Art Program five years after adoption of the
enabling ordinance for the Program, and presenting the results to the Fort Worth City
Council and City Manager
(j) Development of a Conservation Plan for the Fort Worth Art collection m consultation
with the Art Commission, with particular attention to any artwork requiring extraordinary
operations or maintenance costs. The Conservation Plan shall be reviewed by the City
Manager and approved by the City Council.
Sec 2-61 Funding
(a) Funding for the Fort Worth Public Art Program shall be accomplished by annually
setting aside two per cent (2%) of Capital Improvement Project funding for public art. The
percentage, approved in advance by the City Council for the Public Art Program, shall be added
to the total cost of each proposition m City of Fort Worth Capital Project programs. The same
percentage will be allocated from funds included in the operating budget of the Water and Sewer
Fund for cash financing of capital projects.
(b) Funds shall be used for artist fees and costs related to the production and maintenance
of artwork. Funds shall not be used for professional graphics, mass produced work or work not
produced by an approved artist. Allocations shall be calculated based on the total of all
engineering, design and construction costs, minus all costs for demolition and real property
acquisition. The appropriation for the Public Art Program will be calculated only on the original
appropriation for design and construction services, excluding any subsequent amounts
appropriated for amendments and change orders.
(c) For all capital grants of $100,000 or more sought by the City of Fort Worth, City
departments shall include in appropriate grant applications a request that acertain percentage of
the grant amount be authorized for public art and conservation projects in keeping with the
established Fort Worth Public Art Plan. All eligible projects financed with grants or
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contributions from pnvate entities or public agencies are subject to this ordinance unless public
art expenditures are not authorized by the granting or contributing entity If public art and
conservation projects are expressly excluded, then only the City-funded portion of the eligible
project would be subject to the Public Art ordinance. The Public Art policy is applicable to all
grants of $100,000 or more Artist involvement shall be optional for City for grants of less than
$100,000
(d) Appropriations for public art shall be made at the same time that the City appropriates
funds for eligible projects. All monies appropriated for Public Art Program purposes shall be
transferred into a special, interest-bearing Public Art project account, which shall be maintained
in a separate project fund. As a project account, any funds not expended at the conclusion of the
fiscal year would roll forward into the following fiscal year The City Manager, or his/her
designee, shall establish appropriate accounting procedures for the Public Art Program and shall
report to the City Council periodically regarding the amounts appropriated, encumbered and
expended under the Program.
SECTION 2
That Sections 2-62, 2-63, 2-64, 2-65 and 2-66 of Chapter 2, Article III, Division 2 of the Code of
the City of Fort Worth, Texas (1986), as amended are hereby repealed. Save and except as
amended by this ordinance, Chapter 2 of the Code shall remain m full force and effect.
SECTION 3
That the terms and provisions of this ordinance are severable and are governed by Section 1-5 of
Chapter 1 of the Code of the City of Fort Worth, as amended.
SECTION 4
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY
C
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-City ttorney
Date: q 12~ (p ~
ADOPTED• LJS~~JY~/ 6~.~~
EFFECTIVE.
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City of Font Worth, Texas
~11~Ayar And Coun~~l C,on~n~un~cAt~an
DATE REFERENCE NUMBER LOG NAME PAGE
10/2/01 G-13396 02ART 1 of 1
SUBJECT ADOPT ORDINANCE IMPLEMENTING THE FORT WORTH PUBLIC ART PROGRAM
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance creating the Fort Worth Public Art
Program
DISCUSSION
On May 15, 2001, the City Council received a briefing on the proposed Fort Worth Public Art Program,
and the accompanying Informal Report No 8326 The attached ordinance, together with any
administrative regulations deemed appropriate, will implement the Fort Worth Public Art Program
substantially in the form presented to the City Council, the only change being an increase in the
proposed funding set-aside from 1 % to 2% to cover conservation and maintenance
Briefly reprising, the purpose of the Fort Worth Public Art Program is to enhance the City°s visual
environment, commemorate rich diversity, and promote tourism and economic vitality through the
artistic design of public spaces. As noted above, program funding is proposed via a 2% set-aside of
Capital Improvement Project funds to cover all program costs, including conservation and maintenance
of the artwork.
The City Council appointed the Fort Worth Art Commission, reconstituted for its new mission, to provide
recommendations on policy and administration of the program Day-to-day oversight of the program
will be provided by a qualified agency via contract with the City
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that approval of this ordinance will have no material effect on current
capital project funds Future bond programs will include funding for public art expenditures.
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Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
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Charles Boswell
^ 8511 APPROVED
Originating Department Head: CITY COUNCIL
Charles Boswell 8511 (from) OAT 2 201
Additional Information Contact: ~jp,,,,L ~~~J
City Secrete ~ the
Charles Boswell 8511 City of Fart Worth. Texas
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