Sec. 748.205. - Effect of adoption; amendment after adoption.

(a) Upon adoption by the Council, the road program shall fix and determine the road construction projects that may be undertaken, continued or completed by the City using surplus gas tax funds during the fiscal year and shall also fix the obligation authority for each project listed on the road program with a final priority of "1B" or "1A" against which a contract may be awarded under Parts 3 and 4. No surplus gas tax funds may be used for a project unless the project appears on the road program with the appropriate final priority assigned by the Council. A proposed project or a project previously authorized that is not included in or carried forward by the road program shall be deemed rejected or abandoned by the Council as a project to be funded under this Chapter and the obligation authority for the project shall be deemed withdrawn. In the event that the Council has approved projects totaling more than the maximum amount of funds estimated to be available for construction, the City Highway Engineer shall either: (1) Abandon one or more projects; or (2) Carry over one or more projects to the next fiscal year without scheduling any work to be done on them during the fiscal year from which they are being carried over, and the City Highway Engineer may abandon or carry over one or more phases of a project without abandoning or carrying over the entire project. To the extent that a project is abandoned or carried over, the obligation authority is correspondingly reduced. In determining projects to be abandoned or carried forward, the City Highway Engineer shall first abandon or carry over projects having a final priority of "1B" and then projects having a final priority of "1A", and within those priorities shall abandon or carry over projects that do not interfere with or assist other projects before projects that are intended to join with or complement other projects. Changes in the road program shall be made as the Council adopts amendments to the road program as provided in subsection (b) of this Section. (b) No project approved by the Council as part of the road program may be amended, suspended or abandoned and no new project may be added to the road program or otherwise undertaken by the City, except by an amendment by the Council to the road program amending, suspending, abandoning or adding the project, as appropriate. Emergency projects undertaken as provided in Section 748.207 (b)(2) shall not require an amendment of the road program to authorize their undertaking, but the City Highway Engineer shall in each case of an emergency project certify that it is an emergency project and that work in connection therewith is to be done only to the extent necessary to restore the road to a safe traveling condition. The City Highway Engineer shall inform the Council as soon as practicable after each certification of an emergency project of the location and extent of the emergency and the estimated expenditures that will be necessary to restore the road to a safe traveling condition. (Ord. 78-329-131, § 1; Ord. 78-744-361, § 5; Ord. 83-591-400, § 1) Note— Former § 620.205.