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City Clerk’s Office Item # R-3
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: October 22, 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 $370,165, TO PROJECT NO.
SW1704 AND RESCINDING ORDINANCE NO. 9311, AND AUTHORIZING THE
PRESIDENT OF CITY COUNCIL TO EXECUTE THE SAME
SUMMARY:
This Ordinance budgets and appropriates $370,165 with FEMA relief fund proceeds, to additional
funds previously authorized in the amount of $123,389 to SW1704 to total $493,554.
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.
City Council, on July 23, 2017, approved Ordinance 9311 which budgeted and appropriated
additional FEMA Disaster Relief proceeds to Fountain Creek Trail Relocation project.
BACKGROUND
:
In June of 2015, the Fountain Creek experienced flooding that caused damage along the Creek
th
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. 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 costs less 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, project SW1704 in the
amount of $149,995.56 leaving proceeds of $370,165 for FEMA approved additional projects. Of
the remaining $493,554, FEMA will reimburse 75% resulting in the amount of $370,165.
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
:
$370,165 will be budgeted and appropriated, to SW1704 Fountain Creek Trail Projects. SW1704
will have a total budget of $493,554.
BOARD/COMMISSION RECOMMENDATION
:
Not applicable.
STAKEHOLDER PROCESS
:
None.
ALTERNATIVES
:
If no action is taken, 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. 9359
AN ORDINANCE BUDGETING AND APPROPRIATING FEMA
DISASTER RELIEF FUND PROCEEDS IN THE AMOUNT OF
$370,165, TO PROJECT NO. SW1704 AND RESCINDING
ORDINANCE NO. 9311, 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
provides remaining FEMA reimbursable funds of $370,165.00; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
FEMA funds of $370,165.00 shall be budgeted and appropriated to Capital Project No.
SW1704.
SECTION 2.
Additional funds in the amount of $123,389.00. from Capital Project No. SW1704
shall remain in Capital Project No. SW1704, to total FEMA budget of $493,554.00.
SECTION 3.
This Ordinance rescinds prior Ordinance No. 9311.
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: October 22, 2018
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
ACTING CITY CLERK
PASSED AND APPROVED: November 12, 2018