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(1) In the event an “emergency”, as defined in Subsection (3) of this Section, occurs in the construction of a capital improvement project, which emergency requires an expenditure in excess of the amount budgeted for the project including a ten percent (10 %) contingency, the applicable department director may authorize, with approval of the Mayor, such expenditure from the following monies, subject to meeting the requirements of Subsection (2) of this Section:

(a) the fund contingency account; and

(b) monies designated for other specific capital improvement projects within the applicable fund.

(2) If expenditures are made for an emergency pursuant to Subsection (1) of this Section, the Mayor or the Mayor’s designee shall notify the Municipal Council of such expenditure and shall within thirty (30) days submit to the Municipal Council a written report which describes the nature of the emergency and the source of additional funding. The Municipal Council may review such budgetary action at the next available Municipal Council meeting following submission of the report. As part of such review, the Municipal Council may 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.

(3) As used in this Section, “emergency” shall mean any circumstance or situation not reasonably anticipated as part of the capital improvement project which:

(a) threatens immediate injury or damage to persons or property; or

(b) would delay the capital improvement project and thereby:

(i) substantially affect life, property, health or convenience of the public; or

(ii) significantly increase the project cost authorized and approved under construction contracts for the project.

(Enacted 2001-43, Am 2024-01)