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CIP Ordinance

EXHIBIT I

City of Yachats
*** Draft Ordinance no. 247 ***

AN ORDINANCE AMENDING THE YACHATS MUNICIPAL CODE TO INCLUDE CHAPTER 3.10 - CAPITAL IMPROVEMENT PLANNING AND CREATING A CAPITAL IMPROVEMENT PLANNING SUB-COMMITTEE

WHEREAS , The Capital Improvement Program (CIP) is a plan for the financing of General Fund supported construction, major rehabilitation and other capital projects. The plan includes provision for planning and design, development of new facilities, rehabilitation or restoration of existing facilities, acquisition of land for specific development purposes, and the replacement of motor vehicles and major equipment. The projects included in this program have been determined to be essential, as well as beneficial, to the community.; and

WHEREAS , Development of a CIP that will insure sound fiscal and capital planning requires effective leadership and the involvement and cooperation of all city departments. For that reason, this process places responsibility for overseeing the CIP process with the City council, which appoints a CIP Sub-committee. The Sub-committee begins the CIP process by forwarding its recommended capital budget and program to the city council. The council reviews the proposal, holds public hearings and adopts the capital spending plan. The first year of capital expenditures are then incorporated in the proposed budget for the next fiscal year by the City Recorder; and

WHEREAS, The CIP plan represents the best efforts to allocate available resources toward projects that provide the most benefit for the citizens of Yachats. The CIP will be reviewed each year to reflect changing priorities and provide a framework for identifying capital requirements and the impact of capital projects on operating budgets, scheduling, and coordinating related projects;

NOW THEREFORE, the City of Yachats ordains as follows:

Section 1. Chapter 3.10 is hereby amended to read as follows

3.10 CAPITAL IMPROVEMENT PLANNING AND PLANNING SUB-COMMITTEE

Section 2. A new Section 3.10.010 is hereby added to read as follows

3.10.010 Membership
The City Council shall establish and appoint a Sub-committee to be known as the CIP Sub-committee. The Sub-committee shall be composed of city commissions, boards, and department heads who incur capital expenditures. The Sub-committee shall include one member of the Little Log Church and Museum Board, the Library Commission, the Public Works and Streets Commission, the Parks and Commons Commission, The Planning Commission, the Public Works Director, and the City Recorder. The Sub-committee chair shall be the Budget Officer. A quorum of four members is required to meet.

Section 3. A new Section 3.10.020 is hereby added to read as follows

3.10.020 Powers and Duties
The Sub-committee, at public meetings, shall study proposed capital projects and improvements involving major non-recurring tangible assets and projects which: 1) are purchased or undertaken at intervals of not less than five years; 2) have a useful life of at least five years; and 3) cost over $5,000. Each year, commission chairs, boards, and department heads, shall submit capital project requests to the Sub-committee including information for all anticipated projects requiring Council action during the ensuing six years. Submissions shall be on the proscribed forms provided by the City’s budget officer. The Sub-committee shall consider the relative need, impact, timing and cost of these expenditures and the effect each will have on the financial position of the city. No appropriation shall be voted for a capital improvement requested by a department, board or commission unless the proposed capital improvement is considered in the Sub-committee's report or the Sub-committee shall first have submitted a report to the City council explaining the omission.

Section 4. A new Section 3.10.030 is hereby added to read as follows

3.10.030 Capital Improvement Program - Annual Report to City Council
The Sub-committee shall prepare an annual report recommending a Capital Improvement Budget for the next fiscal year, and a Capital Improvement Program Including recommended capital improvements for the following five fiscal years. The report shall be submitted to the City council for its consideration and approval. The first year amounts shall be included in the proposed budget for the next year.

Section 5. A new Section 3.10.040 is hereby added to read as follows

3.10.040 Capital Improvement Program - Adoption and Appropriations
Such Capital Improvement Program, after its adoption, shall permit the expenditure on projects included therein of sums from departmental budgets for surveys, architectural or engineering advice, options or appraisals and the like; but no such expenditure shall be incurred on projects which have not been so approved by the city through the appropriation of sums in the current year or in prior years, or for preliminary planning for projects to be undertaken more than five years in the future.

Section 6. A new Section 3.10.050 is hereby added to read as follows

3.10.050 Capital Improvement Program - Public Report
The Sub-committee's report and the Council's recommended Capital Budget shall be published and made available to the public. The Sub-committee shall deposit its original report with the City Recorder.

PASSED AND ADOPTED by the City Council of the City of Yachats on this 9th day of December 2004.

Ayes: ______ Nays:______ Abstentions: ______ Absent: ______

APPROVED by the Mayor this 9th day of December 2004.

Lee Corbin, Mayor Nancy Otterson, City Recorder

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