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City Clerk’s Office Item # R-5
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: May 28, 2019
TO: President Dennis E. Flores and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Brenda Armijo, Acting City Clerk
FROM: Ian Turner, Director of Aviation
SUBJECT: AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE UNITED
STATES OF AMERICA AND THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, FOR THE RELEASE OF LOT 39 IN THE PUEBLO MEMORIAL
RD
AIRPORT INDUSTRIAL PARK SUBDIVISION 3 FILING, AND AUTHORIZING
THE MAYOR TO EXECUTE SAME
SUMMARY:
This Ordinance approves an Agreement with the United States of America for the release of land
in the Pueblo Memorial Airport Industrial Park Subdivision.
PREVIOUS COUNCIL ACTION:
Since 1970, City Council has approved the release of 46 Lots in the Pueblo Memorial Airport
Industrial Park to various businesses.
BACKGROUND
This agreement with the United States of America is for the release of Lot 39 in the Pueblo
Memorial Airport Industrial Park so that it may be sold to the Pueblo Development Foundation.
The United States of America transferred ownership of the airport property to the City on July 20,
1948. This transfer carried with it a number of obligations, restrictions, and conditions. These
obligations, restrictions, and conditions are also carried with all federal grant funding accepted by
the City. The most recent grant acknowledging these obligations, restrictions, and conditions was
accepted on August 13, 2018 by Ordinance #9318. Lot 39 of the Pueblo Memorial Airport
Industrial Park is surplus property because it is disconnected from the primary airport property
and is better suited for other uses. The agreement with the United States of America will release
this lot from the federal obligations, restrictions, and conditions, allowing it to be used for purposes
not related to the airport such that the property use does not interfere with the safe use of the
Pueblo Memorial Airport.
FINANCIAL IMPLICATIONS:
The amount of $235,000, which is the appraised value of Lot 39 (4.71 acres of land), is to be
deposited into the Special Airport Improvement Trust Fund upon acceptance of the Deed of
Release received from the FAA.
BOARD/COMMISSION RECOMMENDATION:
None.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
If City Council does not approve this Ordinance, the land will not be released.
RECOMMENDATION
Not applicable.
Attachments:
Agreement between the United States of America and the City of Pueblo, including the Agreement
Cover Letter
ORDINANCE NO. 9478
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE
UNITED STATES OF AMERICA AND THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, FOR THE RELEASE OF LOT 39 IN
THE PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK
RD
SUBDIVISION 3 FILING, AND AUTHORIZING THE MAYOR TO
EXECUTE SAME
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The 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 United States of
America and the City of Pueblo, a Municipal Corporation, is hereby approved.
SECTION 2.
Upon receipt of the Deed of Release from the United States of America, the amount of
$235,000, being the appraised value of Lot 39 (4.71 acres of land) located in the Pueblo Memorial
Airport Industrial Park, will be budgeted and appropriated to the Special Airport Improvement
Trust Fund.
SECTION 3.
Within five years of the date of the Agreement, the funds received from this sale of land,
the $235,000, will be expended for FAA approved Airport development. It is understood and
agreed that this amount will not be eligible as owner matching funds for development under the
Airport Improvement Program (AIP).
SECTION 4.
The Mayor is hereby authorized to execute said Agreement on behalf of the City of Pueblo,
a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest the
same.
SECTION 5.
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 agreement to effectuate the
transactions described therein.
SECTION 6.
This Ordinance shall become effective on the date of final action by the Mayor and City
Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on May 28, 2019 .
Final adoption of Ordinance by City Council on June 10, 2019 .
President of City Council
Action by the Mayor:
☒
Approved on June 13, 2019 .
☐
Disapproved on based on the following objections:
_
Mayor
Action by City Council After Disapproval by the Mayor:
□
Council did not act to override the Mayor's veto.
□
Ordinance re-adopted on a vote of , on
□
Council action on _______ failed to override the Mayor’s veto.
President of City Council
ATTEST
Acting City Clerk