(a) Appropriations. Beginning January 1, 1989, all appropriations for city capital improvement projects, whether financed with city bond proceeds or city monies from any other source, shall include an amount equal to 1.5 percent of the total capital improvement project appropriation, or an amount equal to 0.75 percent of the total appropriation for a project that is exclusively for street, storm drainage, utility, or sidewalk improvements, to be used for design services of artists, for the selection, acquisition, commissioning, and display of artworks, and for administration of the public art projects. Monies appropriated as part of one project, but not deemed necessary by the city council in total or in part for the project, may be expended on other projects approved under the annual public art projects plan; provided that proceeds from bonds issued and authorized for a particular use or purpose shall not be used or diverted for a different use or purpose.
(b) Grants and contributions from non-city sources. Beginning January 1, 1989, each city department shall include in every application to a granting authority for a capital improvement project grant an amount for artists’ services and artworks in accordance with this article. The public art appropriation shall apply to all capital improvement projects financed with grants or contributions from private persons or governmental or public agencies, subject to conditions of the granting or contributing person or agency. If the public art appropriation is not allowed as a reimbursable expense, only the city- funded portion of the project is subject to the public art appropriation.
(c) Method of calculation. The minimum amount to be appropriated for artists’ services and artworks is equal to the total city capital improvement project appropriation multiplied by 0.015, or by 0.0075 if the project is exclusively for street, storm drainage, utility, or sidewalk improvements; provided that amounts budgeted for real property acquisition costs, demolition costs, equipment costs, normal major maintenance costs, financing costs, costs paid for from the contingency reserve fund, capital reserve funds, or interest earnings on city bond proceeds, costs of any below-grade water or wastewater improvements, and costs of resurfacing or repair of existing streets, sidewalks, and appurtenant drainage improvements are not subject to the calculation.
(d) Public art accounts. Amounts appropriated pursuant to this article shall be established by the city manager, or his designee, in a public art account within each capital improvement project fund. Contributions to the public art program from private sources shall be deposited into a separate public art account, subject to any donor’s conditions within the instrument of conveyance. Disbursements from each public art account must be made in accordance with the annual public art projects plan and this article.
(e) City bond financed projects.
(1) This article shall apply to a city capital improvement project financed with proceeds from:
(A) general obligation bonds authorized and approved by the voters on or after January 1, 1989; or
(B) revenue bonds, certificates, notes, or other obligations authorized and approved by the city council on or after January 1, 1989.
(2) This article shall not apply to any refunding bond proceeds.
(3) The public art appropriation on a city capital improvement project financed with city bond proceeds shall be established in the fiscal year in which the bonds are sold.
(4) In developing the capital improvement program for bond-financed capital improvement projects, the city manager may recommend that the city council exempt certain bond-financed capital improvement projects from the application of this article. The city manager’s recommendations shall govern unless the city council provides otherwise.
(5) If a city capital improvement project is financed with city bond proceeds, the use of any amounts appropriated for artists’ services and works of art in accordance with this article must be consistent with any voted proposition approved by the voters of the city, any resolution or ordinance adopted by the city council authorizing issuance of the bonds, and applicable state or federal law. In no event shall city bond proceeds be used for public art maintenance purposes.
(f) Water and wastewater utility projects.
(1) Notwithstanding any other provision of this article, the public art appropriation for that portion of a city capital improvement project financed with Dallas water utilities department revenues shall not exceed 0.75 percent of the total water utilities revenues appropriated for the capital improvement project.
(2) This article shall not apply to:
(A) any city capital improvement project financed with Dallas water utilities department revenues that is located outside the city limits; or
(B) any below-grade capital improvement financed with Dallas water utilities department revenues, whether or not the below-grade improvement is part of a city capital improvement project that involves at-grade or above-grade improvements.
(g) City council exclusions. When adopting the capital budget each year, the city council may exclude individual city capital improvement projects from the application of this article. (Ord. Nos. 20064; 20267)