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City Clerk’s Office Item # R-3
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: July 9, 2018
TO:
President Christopher A. Nicoll and Members of City Council
CC:
Sam Azad, City Manager
VIA:
Brenda Armijo, Acting City Clerk
FROM:
Jeff Bailey, Acting Public Works Director
SUBJECT:
AN ORDINANCE BUDGETING AND APPROPRIATING FEMA DISASTER
RELIEF FUND PROCEEDS IN THE AMOUNT OF $220,273.50,
TRANSFERING $113,901.44 FROM PROJECT NO. SW1704 AND
ESTABLISHING CAPITAL PROJECT NO. SW1804 FOUNTAIN CREEK
TRAIL PROJECTS, AND AUTHORIZING THE PRESIDENT OF CITY
COUNCIL TO EXECUTE THE SAME
SUMMARY:
This Ordinance budgets and appropriates $220,273.50 with FEMA relief fund proceeds,
transfers additional $113,901.44 from SW1704 and establishes the SW1804 Fountain
Creek Trail Projects.
PREVIOUS COUNCIL ACTION
:
City Council, on October 10, 2017, approved Resolution 13797 which established Project
SW1704 Fountain Creek Trail Relocation and transferred funds in the amount of
$252,000.
City Council, on December 11, 2017, approved Resolution 13841 which awarded Project
SW1704 Fountain Creek Trail Relocation for construction.
BACKGROUND
:
In June of 2015, the Fountain Creek experienced flooding that caused damage along the
th
Creek including the concrete trail located on the east side near East 11 Street.
Approximately, 1,600 feet of concrete trail was lost in the flooding.
On July 16, 2015, President Obama issued a major disaster declaration for the State of
Colorado that allowed for Federal relief funds through FEMA of which this Trail Relocation
project qualifies. To obtain the Federal funds the City must upfront the cost of the
construction and apply for reimbursement from FEMA during the construction phase.
FEMA reimbursement is 75% of the actual costs.
Working with FEMA, it was decided to utilize the Public Assistance Alternative Procedures
Pilot Program for Permanent Work (PAAP) for the Fountain Creek Trail Relocation project
with a total project cost of $493,554.00. This program sets the cost of the project prior to
any construction and cannot be modified to cover any additional overruns if they occur.
It also allows for leftover funds if the project actually costs less, which this project did with
approved modifications. The approved modifications relocated the trail from the creek
bottom to the top of the levee and greatly reduced the construction costs. Project
expenditures to date has been paid by the Stormwater Enterprise in the amount of
$199,856.00 leaving proceeds of $293,698.00 for FEMA approved additional projects. Of
the remaining $293,698.00, FEMA will reimburse 75% resulting in the amount of
$220,273.00.
After reviewing submitted projects with FEMA, they have approved the proceeds for the
following additional projects:
Hydrologic/hydraulic modeling software.
Survey equipment to collect data of existing stormwater infrastructure.
Air curtain incinerator.
Emergency repairs of infrastructure on the Fountain Creek levee.
FINANCIAL IMPLICATIONS
:
$220,273.50 will be budgeted and appropriated, $113,901.44 will be transferred from
SW1704 Fountain Creek Trail Relocation to SW1804 Fountain Creek Trail Projects.
SW1804 will have a total of $334,174.94.
BOARD/COMMISSION RECOMMENDATION
:
Not applicable.
STAKEHOLDER PROCESS
:
None.
ALTERNATIVES
:
Alternative No. 1 – No Action
Under this alternative, the Stormwater Enterprise will not be able to use the PAAP
proceeds from the Fountain Creek Trail Relocation project and no additional projects will
be completed.
RECOMMENDATION
:
Approval of the Ordinance.
Attachments
: FEMA Subgrant Application
ORDINANCE NO. 9311
AN ORDINANCE BUDGETING AND APPROPRIATING
FEMA DISASTER RELIEF FUND PROCEEDS IN THE
AMOUNT OF $220,273.50, TRANSFERING $113,901.44
FROM PROJECT NO. SW1704 AND ESTABLISHING
CAPITAL PROJECT NO. SW1804 FOUNTAIN CREEK
TRAIL PROJECTS, AND AUTHORIZING THE PRESIDENT
OF CITY COUNCIL TO EXECUTE THE SAME
WHEREAS, the City submitted a Subgrant Application to FEMA for PU008
Fountain Creek Recreation/Picnic Area – PAAP to repair damage caused by heavy rains
received from May 4, 2015 thru June 16, 2015; and,
WHEREAS, FEMA approved the application for a total project cost of $493,554.00;
and,
WHEREAS, preforming approved modified repairs reduced construction costs and
providing remaining FEMA reimbursable funds of $220,273.00; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Capital Project No. SW1804 Fountain Creek Trail Projects is hereby
established.
SECTION 2.
FEMA funds of $220,273.50 shall be budgeted and appropriated to Capital Project
No. SW1804.
SECTION 3.
Additional funds in the amount of $113,901.44 from Capital Project No. SW1704
shall be transferred to Capital Project No. SW1804.
SECTION 4.
The officers and staff of the City are directed and authorized to perform any and
all acts consistent with the intent of this Ordinance.
SECTION 5.
This Ordinance shall become effective immediately upon passage and approval.
INTRODUCED July 9, 2018
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
ACTING CITY CLERK
PASSED AND APPROVED: July 23, 2018