Sec. 122.605. - Review, amendment, adoption and appropriation by City Council.

(a) In conjunction with its review of the annual budgets for the City and independent agencies, the City Council shall: (1) Review the proposed Capital Improvement Plan and the proposed Capital Improvement Plan Budget; (2) Amend the proposed Capital Improvement Plan Budget and the Proposed Capital Improvement Plan in the best interest of the community; (3) Adopt the Capital Improvement Plan Budget and the Capital Improvement Program Plan, as may be amended, by no later than September 30 of each year; and (4) Make an appropriation to fully fund each Capital Improvement Project included within the first year of the Capital Improvement Plan. (b) Funds shall not be expended on a Capital Improvement Project (as defined by Section 122.602 (a)), which may have been line-item approved in a Capital Improvement Plan without specific reference to precise locations of work, narrowly defined project costs, or narrowly defined work descriptions, unless and until such expenditures and an amendment to the Capital Improvement Plan identifying precise locations of work, narrowly defined project costs, and narrowly defined work descriptions are separately approved by City Council. (c) The City Council may amend the Capital Improvement Plan and any appropriations made pursuant to Section 122.605 (a)(4) during the then current fiscal year, but only upon an enactment by City Council specifically identifying the reasons that deferral of such amendment until the immediately following annual budget review will be detrimental to the best interest of the community. Enactment of an ordinance approving a proposed CIP amendment during the fiscal year shall require approval by a two-thirds majority of the Council Members present. Any amendment to the CIP must include all information required with respect to a project that is required for inclusion in the annual CIP. (d) The requirements in subsection (c) of this Section shall not apply to emergency procurements of capital improvements made pursuant to Chapter 126 of the Code until after the Chief of Procurement has approved an emergency procurement of a capital improvement. In instances where an emergency procurement of a capital improvement is approved by the Chief of Procurement pursuant to Chapter 126 of the Code prior to the City Council's adoption of a CIP amendment, the Mayor shall promptly file emergency legislation to be considered by the City Council at the City Council meeting immediately following the date that the Chief of Procurement approved the emergency procurement. The emergency legislation shall propose an amendment to the CIP in accordance with subsection (c) above and include justification for the emergency. (Ord. 2006-185-E, § 2; Ord. 2011-438-E, § 1; Ord. 2012-198-E, § 1; Ord. 2015-429-E , § 1; Ord. 2023-20-E , § 8)