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City Clerk’s Office Item # R-6
REGULAR MEETING AGENDA ITEM
COUNCIL MEETING DATE:
March 24, 2014
TO: President Sandra K. Daff and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Mark Lovin – Aviation Department
SUBJECT: AN ORDINANCE APPROVING AN AIRPORT JOINT USE AGREEMENT
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND
THE UNITED STATES OF AMERICA, ACTING BY AND THROUGH THE
COMMANDER, AIR FORCE RESERVE COMMAND (“AIR FORCE”),
RESCINDING ORDINANCE NO. 8606 DATED JULY 8, 2013 AND
AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
SUMMARY:
Attached is an Ordinance approving an Airport Joint Use Agreement with the Air Force and
rescinding Ordinance No. 8606 dated July 8, 2013.
PREVIOUS COUNCIL ACTION:
City Council passed Ordinance No. 8606 on July 8, 2013 approving an Airport Joint Use
Agreement (“Agreement”) with the Air Force.
BACKGROUND
After City Council’s approval of the Agreement, the Agreement was sent to the Air Force for
approval and signature. Our contact at the Air Force left them prior to getting the signatures
from the appropriate people. We tried for several months to find a new contact. Once one was
found, we were told that the Agreement would not be signed and they requested that a new
Agreement changing the five-year term from April 1, 2013 thru May 31, 2018 to October 1,
2012 thru September 30, 2017 be sent to them.
FINANCIAL IMPLICATIONS:
The Agreement requires the Air Force to pay the City $29,780.85 a year beginning October 1,
2012. At this time, we have not received payment from the Air Force since September 20, 2012
when the last payment under the old Agreement was received. Upon execution of the current
proposed agreement, the Air Force will retroactively pay for its use of the Airport facilities since
the expiration of the prior agreement on September 30, 2012.
BOARD/COMMISSION RECOMMENDATION:
None
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
If City Council does not approve the Agreement, the City will not receive any funds from the Air
Force for operating at the Airport.
RECOMMENDATION
Approval of this Ordinance.
PROPOSED MOTION:
This Ordinance will be placed on the Consent Agenda as it is being presented for First
Presentation, which sets the public hearing and orders the notice of the public hearing to be
published. On April 14, 2014, the Ordinance will be placed on the Regular Agenda as it will be
presented for Second and Final Presentation, which includes the public hearing and action by
Council.
Attachments: Airport Joint Use Agreement
ORDINANCE NO. 8722
AN ORDINANCE APPROVING AN AIRPORT JOINT USE
AGREEMENT BETWEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, AND THE UNITED STATES
OF AMERICA, ACTING BY AND THROUGH THE
COMMANDER, AIR FORCE RESERVE COMMAND (“AIR
FORCE”), RESCINDING ORDINANCE NO. 8606 DATED
JULY 8, 2013 AND AUTHORIZING THE PRESIDENT OF
CITY COUNCIL TO EXECUTE SAME
WHEREAS, City Council passed Ordinance No. 8606 on July 8, 2013 approving an
Airport Joint Use Agreement (“Agreement”) between the City of Pueblo and the Air Force with
the term date beginning April 1, 2013 and ending May 31, 2018; and
WHEREAS, the Air Force has requested a new Agreement with the term date beginning
October 1, 2012 and ending September 30, 2017; NOW, THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
A certain Airport Joint Use Agreement, a copy of which is attached hereto and made a
part hereof by reference, after having been approved as to form by the City Attorney, by and
between the City of Pueblo, a Municipal Corporation, and United States of America, acting by
and through the Air Force relating to delineation of responsibility for operation and maintenance
of the flying facilities and to establish the Air Force’s reasonable share, proportional to such use,
of the cost of operating and maintaining such jointly used flying facilities is hereby approved,
subject to the conditions as set forth in said Airport Joint Use Agreement.
SECTION 2.
Ordinance No. 8606 dated July 8, 2013 is hereby rescinded.
SECTION 3.
The President of City Council is hereby authorized to execute said Airport Joint Use
Agreement on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal
of the City thereto and attest the same.
SECTION 4.
The officers and staff of the City are directed and authorized to perform any and all acts
consistent with the intent of this Ordinance and the attached Airport Joint Use Agreement to
effectuate the transactions described therein.
INTRODUCED: _ March 24, 2014
BY: Chris Nicoll
COUNCILPERSON
PASSED AND APPROVED: April 14, 2014