(a) Except as otherwise provided in subsection (a-1) below, funding for the Fort Worth public art program shall be accomplished by annually setting aside 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 in City of Fort Worth capital project programs.
(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 in a bond program taken to the voters in or after 2022, no funding shall be set aside for public art.
(a-2) (1) Funding for the Fort Worth public art program shall also be accomplished by an annual transfer from the water and sewer fund made in accordance with the terms of this subsection (a-2).
(2) In connection with the annual budget process, the department responsible for ensuring the administration of the Fort Worth public art program shall prepare and submit to the city manager a proposed program budget, including a proposed allocation from the water and sewer fund.
(3) The city manager shall review the requested program budget and shall include his recommended program budget as part of the proposed annual budget submitted to the city council.
(4) Notwithstanding anything in this article or the City Code to the contrary, the costs of the water and sewer fund’s public art contribution provided under this subsection shall be excluded from the calculation of wholesale rates applicable to water and sewer services.
(5) References in this subsection (a-2) to the “water and sewer fund” shall include any successor funds thereto.
(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.
(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 a certain 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 contributions from private 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 moneys 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 or 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.
(d-1) There shall be permitted a one-time transfer of funds from monies appropriated to the specially funded capital projects fund, for the fiscal year 2013, 2% 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.
(Ord. 14794, § 1, passed 10-2-2001; Ord. 20972-09-2013, § 1, passed 9-24-2013; Ord. 21122-02-2014, §§ 4, 5, passed 2-11-2014; Ord. 22090-02-2016, § 1, passed 2-9-2016; Ord. 23112-02-2018, § 1, passed 2-6-2018; Ord 25463-04-2022, § 1, passed 4-12-2022)