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A. Policy and plan preparation:
1. It is the intent of the city council that capital improvement projects will not be funded by the capital improvement fund or carried out through expenditures of private donors, other than projects for general maintenance, unless such project has been approved by the city council as part of an adopted capital improvement plan or plan amendment, or has been proposed in response to a previous policy decision or direction of the city council.
2. A capital improvement plan submitted to the city council shall include:
a. A summary of projects funded as of December 31 of the preceding fiscal year;
b. One-time projects proposed for consideration in the upcoming fiscal year;
c. RAMP projects that are proposed for submission in the upcoming fiscal year; and
d. Perpetual projects.
3. A one-time project:
a. May include work that could otherwise be a part of a perpetual project; and
b. Is not required to be carried over to a subsequent fiscal year's capital improvement plan, regardless of whether the project was funded or the project's ranking in a prior fiscal year.
4. A perpetual project shall not be removed from the next succeeding year's capital improvement plan without notice to the city council. If a perpetual project is proposed for removal, the capital improvement plan shall also include a section with a brief narrative explaining the reason for the proposed removal.
5. Although not part of the capital improvement plan, at the time the capital improvement plan is submitted to the city council, the administration shall also submit a list of projects identified in an adopted community plan or corridor plan that may be considered for inclusion in a future capital improvement plan.
B. Submission To City Council; Information: Proposed capital improvement projects shall be submitted to the city council with an individual project brief which includes the following information:
1. A statement of the purpose of the project;
2. A description of the project, which includes:
a. Sufficient narrative to facilitate prioritization of the projects;
b. Identification of the project as a perpetual project. a one-time project or a RAMP project: and
c. A map depicting the proposed location of the project, provided that no map shall be required for major maintenance work not connected to a specific location;
3. A detailed explanation of why the project is needed. Such explanation to include, as applicable: applicable service areas or measures for delivery of services, specific deficiencies of existing facilities, comparison of the operating and maintenance costs of existing versus new facilities, current and predicted utilization, anticipated revenues and savings, and other benefits to be derived;
4. A description of how the project meets existing council policies, directives or implements adopted plans or programs of the city;
5. Current status of the project;
6. The timing requirements of the project, including the effects of deferring the project to later years;
7. The anticipated schedule and estimated budget for planning and design, land acquisition, construction and any other associated capital improvement needs associated with the project;
8. Proposed source of funding and a description of other funding resources and financing techniques which have been explored or may be available;
9. The impact on the annual operating budget for the three (3) years following the completion of the project, including an operating and maintenance impact statement;
10. Any other information regarding the history of the project or anticipated impacts of the project; and
11. The contact person within administration who can address other questions of the city council regarding the project.
C. Plan Coordination: Following planning commission review and prior to submittal to the city council:
1. The management services department, in consultation with other departments as necessary, shall undertake a final review of the capital improvement plan to ensure accuracy and consistency with established priorities; and
2. The mayor shall provide a numerical priority of each project as ranked among proposed projects to be funded through general funds. Project rankings are not required for projects funded by an enterprise fund.
D. Capital Improvement Amendments:
1. A major plan amendment shall be submitted to the city council and planning commission on a project by project basis.
2. A minor project amendment need only be submitted to the city council with a transmittal outlining the justification for the change and identifying changes to the original project brief, if applicable, together with any other documentation required for the budget opening.
E. Private Donations: A private donor desiring to make a donation to the city, the total value of which exceeds ten thousand dollars ($10,000.00), for a capital improvement project shall deliver to the city a signed written donation statement:
1. Identifying the CIP project and describing the purposes for which the donation is given;
2. Identifying the total value of the donation;
3. Identifying the date the funds, goods or services are delivered to the city;
4. Certifying that the donation is voluntary;
5. Certifying that the donation is made without condition; or, outlining the conditions of the donation, if any.
F. A copy of the donation statement described in subsection G shall be attached to a copy of the project brief and filed with the city recorder within
(Ord. 2015-57, 12-1-2015; amd. Ord. 2021-5, 1-19-2021)
A. The capital improvement plan is not adopted as part of the Ogden City general plan, but is intended to be in compliance with the general plan.
B. On or before March 1 of each year , the capital improvement plan shall be submitted to the planning commission to determine compliance with the Ogden City general plan.
C. A major plan amendment, prior to city council adoption, shall be submitted to the planning commission to determine compliance with the Ogden City general plan.
D. The planning commission shall complete its review of the capital improvement plan or of a major plan amendment and report its determination to the city council within forty five (45) days of submission.
E. The city council, by a majority vote of its members, may require the planning commission to review a change to the capital improvement plan even if the change does not constitute a major plan amendment.
(Ord. 2012-26, 5-15-2012; amd. Ord. 2021-5, 1-19-2021)
A. Funding: All capital improvement projects shall be funded by monies appropriated in the capital improvement fund or in the capital improvement accounts of any enterprise fund. No monies appropriated in the operating budgets of the city shall be used for capital improvement projects above such amount.
B. Project Listing; Savings: Any capital improvement project shall be listed separately in the capital improvement fund or in the capital improvement accounts of any enterprise fund. Monies appropriated for such projects may not be used for other capital improvement projects without the approval of the city council and any savings realized in the completion of the project shall be transferred to fund balance for future appropriation.
C. Division Of Project Prohibited: Whenever the estimated cost of a capital improvement project exceeds fifty thousand dollars ($50,000.00), the same shall not be so divided as to reduce the estimated construction cost below the required amount.
D. Contingency Account: A contingency account shall be created within the general fund category of the capital improvement fund which may be used only for cost overruns of authorized general fund projects within the capital improvement fund. No more than one hundred thousand dollars ($100,000.00) may be expended from this account during a fiscal year without additional city council approval. The amount of contingency fund monies which may be used for any one project shall not exceed ten percent (10%) of the budgeted cost of such project, subject to the emergency expenditure provisions of section 4-1B-6 of this article.
E. Future Projects Account: A future projects account shall be created within the general fund category of the capital improvement fund which is a reserve for capital improvements for the purpose of financing future specific capital improvement projects, under the adopted capital improvement plan. The reserves may accumulate from year to year until the accumulated total is sufficient to permit economical expenditure for the specified purposes. Disbursements from this fund shall be made only by transfer to a revenue or transfer account within the capital improvement fund, by a budget appropriation in a budget for the fund adopted in the manner provided by the uniform fiscal procedures act for Utah cities, chapter 6, title 10, Utah Code Annotated, 1953, as amended. If the monies are intended for specific projects pending final design or other condition of funding, the monies may be segregated in a subaccount designated for such project.
F. Study Account: A study account shall be created within the general fund category of the capital improvement fund which may be used only for studies and investigations undertaken to determine the feasibility of new capital improvement projects. Such account shall not be funded in excess of sixty thousand dollars ($60,000.00) at any one time during a fiscal year. Such studies and investigations include, but are not limited to, market studies, alternatives analyses, preliminary design and engineering, environmental studies and reviews, and grant applications. The mayor, or the mayor's designee, shall provide a quarterly report to the city council regarding any expenditure from the study account, describing the nature and purpose of the study or investigation, and any new capital improvement projects that may be proposed as a result of such study or investigation.
G. City Council Study Account: The city council may establish a study account to undertake feasibility studies, for solely legislative purposes, related to potential capital improvement projects. Any account established for this purpose shall not be funded in excess of sixty thousand dollars ($60,000.00) at any one time during a fiscal year.
(Ord. 2012-26, 5-15-2012; amd. Ord. 2021-5, 1-19-2021)
A. Quarterly Reports: The mayor, or the mayor's designee, shall provide a quarterly report to the city council regarding the status of each capital improvement project including, at a minimum, the following information:
1. Budgeted amount for the project;
2. Estimated total costs, as revised by final design estimates, actual contract amounts, or cost overruns;
3. The costs to date;
4. Description and review of anticipated cost overruns;
5. Estimated completion date; and
6. Whether the project is on schedule.
B. Cost Overruns: The mayor, or the mayor's designee, shall as soon as practicable inform the city council of any anticipated cost overruns, exceeding five percent (5%) of the budgeted amount, or one hundred fifty thousand dollars ($150,000.00) whichever is lesser. In addition to describing the nature of the cost overrun, the mayor shall describe possible options and the recommended course of action. During the quarterly project status report, all cost overruns anticipated to be in excess of five percent (5%) of the amount budgeted for the project shall be reviewed.
(Ord. 2012-26, 5-15-2012; amd. Ord. 2021-5, 1-19-2021)
A. In the event of an "emergency", as defined in subsection C of this section, which emergency requires expenditures in excess of the budgeted amount or amount of available contingency fund monies under subsection 4-1B-4D of this article, the applicable department director may authorize such expenditure from the following monies, subject to the approval of the mayor, or the mayor's designee:
1. Other available and unencumbered amounts within the department;
2. The contingency account established in subsection 4-1B-4D of this article;
3. Monies designated for other specific capital improvement projects within the applicable department or enterprise fund; or
4. Monies designated for capital improvement projects not within the applicable department or enterprise fund.
B. If expenditures are made for an emergency pursuant to subsection A of this section, the mayor, or the mayor's designee, shall notify the city council of such expenditure by the next working day following such budgetary authorization and shall provide a written report within ten (10) working days describing the nature of the emergency and the source of funding. The city council will review such budgetary action at the next available city council meeting following submission of the written report. As part of such review, the city council will either ratify the source of funds used or take such other budgetary actions as are determined to be appropriate in order to fund the costs of such emergency.
C. As used in this section, "emergency" shall mean any circumstance or situation not reasonably anticipated which:
1. If construction or repair of a capital improvement were not immediately undertaken would threaten immediate injury or damage to persons or property;
2. Would delay a capital improvement project in a manner so as to vitally affect life, property, health or convenience of the public; or
3. Would delay a capital improvement project in a manner so as to significantly increase the costs otherwise authorized and approved under the construction contracts for the project.
D. Expenditures for physical plant related maintenance of an amount less than the capital improvement project definition threshold but otherwise meeting the definition of "emergency" may be authorized pursuant to this section.
(Ord. 2012-26, 5-15-2012; amd. Ord. 2021-5, 1-19-2021)
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