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HomeMy WebLinkAbout10434ORDINANCE NO. 10434 AN EMERGENCY ORDINANCE TRANSFERRING $55,000 FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND TO PROJECT NO. PL1801 - DILLON FLYOVER BRIDGE ART PROJECT, AND BUDGETING AND APPROPRIATING $55,000 FOR SAID PROJECT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Funds in the amount of $55,000.00 are hereby transferred from the 2023 unappropriated fund balance of the General Fund, and budgeted and appropriated into Project No. PL1801 - Dillon Flyover Bridge Art Project. SECTION 2. The officers of the City are authorized to perform any and all acts consistent with this Ordinance to implement the policies and procedures described herein. SECTION 3. Savings Clause: The immediate enactment of this Ordinance is necessary for the immediate preservation or protection of public health, property or safety. Specifically, there exists an urgent need for a timely completion of the project to avoid conflicts with an adjacent construction project managed by the Colorado Department of Transportation (CDOT) at the Dillon Drive/I-25 interchange that is scheduled to begin before summer 2023. Failure to complete the Dillon Flyover Bridge Art Project before CDOT begins its project will cause delays which would result in significant additional expense to the City of Pueblo for completion of the project. Pursuant to Sec. 3-20 of the City Charter, this Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on April 10, 2023. Final adoption of Ordinance by City Council on April 10, 2023 . President of City Council Action by the Mayor: ☒ Approved on April 12, 2023 . □ Disapproved on based on the following objections: Mayor Action by City Council After Disapproval by the Mayor: □ Council did not act to override the Mayor's veto. □ Ordinance re-adopted on a vote of , on □ Council action on _______ failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk's Office Item # S1 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: April 10, 2023 TO: President Heather Graham and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Andrew Hayes, Public Works Director SUBJECT: AN EMERGENCY ORDINANCE TRANSFERRING $55,000 FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND TO PROJECT NO. PL1801 - DILLON FLYOVER BRIDGE ART PROJECT, AND BUDGETING AND APPROPRIATING $55,000 FOR SAID PROJECT SUMMARY: This Ordinance transfers $55,000.00 from the 2023 fund balance of the General Fund, and budgets and appropriates said funds into Project No. PL1801 - Dillon Flyover Bridge Art Project for the completion of remaining construction activities on the Gateway to the Southwest project. PREVIOUS COUNCIL ACTION: Ordinance No. 9229, passed by the City Council on February 12, 2018, established Project No. PL1801 - Dillon Flyover Bridge Art Project and transferred, budgeted, and appropriated $130,000.00 for the project. Resolution No. 14007, passed by the City Council on July 9, 2018, approved the award of a Public Art Services Agreement (Bid No. 17-065) with Kenneth T. Williams, dated July 9, 2018, to design and construct the Gateway to the Southwest Art project with a maximum contract value of $600,000.00. Resolution No. 14598, passed by the City Council on April 26, 2021, approved Amendment No. 1 to the Public Art Services Agreement with Kenneth T. Williams, dated April 26, 2021, to add the fabrication and installation of replica monuments on public property located along Central Main Street in Downtown Pueblo at a cost of $22,000.00. Multiple ordinances have been passed by the City Council since 2018, accepting public and private financial contributions toward the project. In total, $960,070.00 of public and private contributions have been accepted, budgeted and appropriated through the passage of Ordinance Nos. 9209, 9229, 9408, 9445, 9489, 9541, 9552, 9664, 9688, 9871, and 10075. BACKGROUND: Kenneth Williams (Williams Studios) completed the design of the Gateway to the Southwest Monument project and the construction of the monument in the easternmost roundabout under the initial contract award in 2018. At the time the contract was awarded, sufficient funding to complete the second half of the project was not made available, so work on the second (westernmost) monument did not begin. Since that time, additional funds have been provided by various public and private entities to cover the unmet project costs. Over the past few years, construction prices have continued to rise and a funding shortfall in the amount of $49,513.00, which prevents the completion of the project. If approved, this Ordinance would transfer, budget, and appropriate $55,000.00 to Project No. PL1801, covering the remaining project costs and providing a small contingency set aside in the amount of $5,487.00 for any minor unforeseen project expenses. FINANCIAL IMPLICATIONS: This Ordinance will transfer $55,000.00 from the General Fund Unappropriated Fund Balance and budget and appropriate that amount to Project No. PL1801. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: Failure to pass this Ordinance will preclude the City from providing the remaining funds required to complete the Gateway to the Southwest project. RECOMMENDATION: Approve the Ordinance. ATTACHMENTS: None