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City Clerk's Office Item # S1
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: June 12, 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 ESTABLISHING PROJECT CI2322 -
FOUNTAIN CREEK TRAIL REPAIRS, TRANSFERRING $250,000
FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL
FUND AND BUDGETING AND APPROPRIATING SAID FUNDS IN THE
AMOUNT OF $250,000 TO PROJECT NO. CI2322.
SUMMARY:
This Emergency Ordinance establishes Project No. CI2322 - Fountain Creek Trail
Repairs, transfers $250,000.00 from the unappropriated fund balance of the General
Fund, and budgets and appropriates total funds in the amount of $10,000.00 into the
newly-created project account.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
This Emergency Ordinance establishes a project account to facilitate repairs to the
Fountain Creek Trail located on the east side of the creek just north of Colorado State
Highway 47. The trail sustained significant damage during recent rain events which
caused sinkholes and washouts to leave the trail damaged and in an unsafe condition.
The trail has been closed until repairs can be completed, but delays in approving the
project will result in additional repairs being required as further erosion and subsidence
occurs.
FINANCIAL IMPLICATIONS:
Funds in the amount of $250,000.00 shall be transferred from the unappropriated fund
balance of the General Fund and budgeted and appropriated into the newly-created
project account, CI2322 - Fountain Creek Trail Repairs.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
Failure to approve this Emergency Ordinance will preclude the Public Works
Department from being able to complete the required trail repairs.
RECOMMENDATION:
Approval of the Ordinance
ATTACHMENTS:
None
ORDINANCE NO. 10482
AN EMERGENCY ORDINANCE ESTABLISHING PROJECT
CI2322 - FOUNTAIN CREEK TRAIL REPAIRS, TRANSFERRING
$250,000 FROM THE UNAPPROPRIATED FUND BALANCE OF
THE GENERAL FUND AND BUDGETING AND
APPROPRIATING SAID FUNDS IN THE AMOUNT OF $250,000
TO PROJECT NO. CI2322.
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Fountain Creek Trail Repairs project, CI2322, is hereby established.
SECTION 2.
Funds in the amount of $250,000.00 are hereby transferred from the unappropriated
balance of the General Fund and budgeted and appropriated into Project No. CI2322 - Fountain
Creek Trail Repairs.
SECTION 3.
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 4.
Savings Clause: The immediate enactment of this Ordinance is necessary in order to
preserve and protect public health, safety and property. Funds must be immediately
appropriated for repairs to the Fountain Creek Trail located on the east side of the creek just
north of Colorado State Highway 47. 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 June 12, 2023.
Final adoption of Ordinance by City Council on June 12, 2023.
President of City Council
Action by the Mayor:
☒ Approved on _June 14, 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