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ORDINANCE NO. 9171
AN ORDINANCE APPROVING AND ACCEPTING GRANT
AGREEMENT 17-PUB-01 BETWEEN THE STATE OF
COLORADO, ACTING BY AND THROUGH THE
DEPARTMENT OF TRANSPORTATION - DIVISION OF
AERONAUTICS AND THE CITY OF PUEBLO, BUDGETING
AND APPROPRIATING FUNDS IN THE AMOUNT OF
$101,359.00 TO BE RECEIVED FROM THE STATE AND
INCREASING THE TOTAL AMOUNT IN CAPITAL PROJECT
NO. AP1701-REHAB RUNWAY 17/35 AND LIGHTING TO
$4,054,362.00, AND AUTHORIZING THE PRESIDENT OF
THE CITY COUNCIL TO EXECUTE SAME
WHEREAS, the General Assembly of the State of Colorado declared in Title 43 of
the Colorado Revised Statutes, Article 10, 1991 in C.R.S. §43-10-101 (the Act) “…that
there exists a need to promote the safe operations and accessibility of general aviation in
this state; that improvements to general aviation transportation facilities will promote
diversified economic development across the state; and that accessibility to airport
facilities for residents of this state is crucial in the event of a medical or other type of
emergency…”; and,
WHEREAS, the Act created the Colorado Aeronautical Board (“the Board”) to
establish policy and procedures for distribution of monies in the Aviation Fund and created
the Division of Aeronautics (“the Division”) to carry out the directives of the Board,
including technical and planning assistance to airports and the administration of the state
aviation system grant program. SEE C.R.S. §43-10-103 and C.R.S. §43-10-105 and
C.R.S. §43-10-108.5 of the Act; and,
WHEREAS, any entity operating a public-accessible airport in the state may file an
application for and be recipient of a grant to be used solely for aviation purposes. The
Division is authorized to assist such airports as request assistance by means of a
Resolution or Ordinance passed by the applicant’s duly-authorized governing body, which
understands that all funds shall be used exclusively for aviation purposes and that it will
comply with all grant procedures and requirements as defined in the Division’s Programs
and Procedures Manual, version 6.1.1 (2017), (“the Manual”); NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Grant Agreement CDAG #17-PUB-01 by and between the State of Colorado,
acting by and through the Department of Transportation-Aeronautics Division (“State”)
and the City of Pueblo, a Municipal Corporation, a true copy of which is attached hereto
(the “Grant Agreement”), having been approved as to form by the City Attorney, is hereby
accepted and approved.
SECTION 2.
The City Council of the City of Pueblo, as a duly authorized governing body of the
grant applicant, hereby formally requests assistance from the Colorado Aeronautical
Board and the Division of Aeronautics (“Division”) in the form of a state aviation system
grant. The City of Pueblo states that such grant shall be used solely for aviation purposes,
as determined by the State, and as generally described in the Application.
The City of Pueblo understands that each airport operating entity that applies for
and accepts a grant thereby makes a COMMITMENT:
a) to keep the airport facility accessible to, and open to, the public during the
entire useful life of the grant funded improvements/equipment; or
b) to reimburse the Division for any unexpired useful life of the
improvements/equipment, or a pro-rata basis.
By signing this Grant Agreement, the City of Pueblo commits to keep open and
accessible for public use all grant funded facilities, improvements and services for their
useful life, as determined by the Division and stated in the Grant Agreement.
SECTION 3.
The City of Pueblo hereby designates the Director of Aviation as the Project
Director, as described in the Manual, and authorizes the Project Director to act in all
matters relating to the work project proposed in the Application in its behalf.
SECTION 4.
The City of Pueblo has appropriated all funds that are currently required to be
provided by the Applicant under the terms and conditions of the grant contract. Any and
all financial obligations of the City of Pueblo payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted, and otherwise
made available.
SECTION 5.
The City of Pueblo hereby accepts all guidelines, procedures, standards and
requirements described in the Manual as applicable to the performance of the grant work
and hereby approves the Grant Agreement submitted by the State, including all terms
and conditions contained therein.
SECTION 6.
Funds in the amount of $101,359.00 from the Colorado Department of
Transportation - Division of Aeronautics Grant Agreement are hereby budgeted and
appropriated to Capital Project No. AP1701-Rehab Runway 17/35 and Lighting.
SECTION 7.
Funding for Capital Project No. AP1701-Rehab Runway 17/35 and Lighting is
hereby increased to $4,054,362.00.
SECTION 8.
The President of City Council is hereby authorized to execute the Grant Agreement
in the name and on behalf of the City of Pueblo, and the City Clerk is directed to attest
same.
SECTION 9.
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 Grant Agreement to
effectuate the transactions described therein.
SECTION 10.
This Ordinance shall become effective immediately upon final passage and
approval.
INTRODUCED September 11, 2017
BY: Ed Brown
PASSED AND APPROVED: September 25, 2017
City Clerk’s Office Item # R-1
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE:
September 11, 2017
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Ian Turner, Director of Aviation
SUBJECT: AN ORDINANCE APPROVING AND ACCEPTING GRANT AGREEMENT
17-PUB-01 BETWEEN THE STATE OF COLORADO, ACTING BY AND
THROUGH THE DEPARTMENT OF TRANSPORTATION - DIVISION OF
AERONAUTICS AND THE CITY OF PUEBLO, BUDGETING AND
APPROPRIATING FUNDS IN THE AMOUNT OF $101,359.00 TO BE
RECEIVED FROM THE STATE AND INCREASING THE TOTAL AMOUNT
IN CAPITAL PROJECT NO. AP1701-REHAB RUNWAY 17/35 AND
LIGHTING TO $4,054,362.00, AND AUTHORIZING THE PRESIDENT OF
THE CITY COUNCIL TO EXECUTE SAME
SUMMARY:
Attached is an Ordinance approving and accepting a Colorado Department of
Transportation - Division of Aeronautics (State) grant agreement for the rehabilitation of
a portion of Runway 17/35 and installation of lighting at the Airport and budgeting the
State Grant funds in Capital Project No. AP1701.
PREVIOUS COUNCIL ACTION:
City Council approved Resolution No. 13632 on March 13, 2017 authorizing the filing of
an application for federal assistance from the Federal Aviation Administration (FAA) to
rehabilitate Runway 17/35 at the Pueblo Memorial Airport. City Council also approved
Resolution No. 13633 on March 13, 2017 authorizing the filing of an application for a State
grant to assist with the City’s matching funds for this project. On August 14, 2017, City
Council approved Ordinance No. 9153 accepting the FAA grant.
BACKGROUND
The project consists of the rehabilitation of a portion of Runway 17/35 and installation of
new airfield lighting on the entire runway. City Council has approved and accepted the
FAA grant which will pay for 95% of the project. The local share is 5%, which is split
between the City and State at 2.5% each.
FINANCIAL IMPLICATIONS:
The total project cost is $4,054,362.00. The Federal grant funds of $3,851,643.00 and
City’s funds of $101,360.00 were budgeted and appropriated into Capital Project No.
AP1701 on August 14, 2017. The State grant is for $101,359.00 and, if approved, the
State grant funds will be budgeted into Capital Project No. AP1701.
BOARD/COMMISSION RECOMMENDATION:
None.
STAKEHOLDER PROCESS:
The project will only close small portions of the airport at any one time. Access will be
provided for pilots wanting to use the facility and there should be minimal interference
with any businesses on the Airport.
ALTERNATIVES:
If City Council does not approve this Ordinance, the grant will be returned to the State
and the City will be responsible for funding the entire 5% of the FAA grant’s local share.
RECOMMENDATION
The Department of Aviation recommends approval of this Ordinance.
Attachments:
CDOT-Aeronautics Division Grant Agreement 17-PUB-01
Aviation Department Certification