HomeMy WebLinkAbout09694
ORDINANCE NO. 9694
AN ORDINANCE APPROVING THE REQUEST FOR FAA
APPROVAL OF AGREEMENT FOR TRANSFER OF
ENTITLEMENTS BETWEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, AND THE FEDERAL AVIATION
ADMINISTRATION, AND AUTHORIZING THE MAYOR TO
EXECUTE SAME
WHEREAS, the City of Pueblo borrowed entitlements from the Craig-Moffat County
Airport for the Master Plan Study at Pueblo Memorial Airport; and
WHEREAS, the City of Pueblo needs to transfer back to Craig-Moffat County Airport the
same amount in borrowed entitlements; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
A certain Request for FAA Approval of Agreement for Transfer of Entitlements
(“Agreement”), a copy of which is attached hereto and made part hereof by reference, by and
between the City of Pueblo, a Municipal Corporation, and the Federal Aviation Administration,
after having been approved as to form by the City Attorney, is hereby approved.
SECTION 2.
The Mayor is hereby authorized to execute said Agreement on behalf of the City of
Pueblo, a Municipal Corporation.
SECTION 3.
The officers and staff of the City are authorized and directed to perform any and all acts
consistent with the intent of this Ordinance to effectuate the policies and procedures described
therein.
SECTION 4.
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 March 23, 2020 .
Final adoption of Ordinance by City Council on April 13, 2020 .
President of City Council
Action by the Mayor:
☒ Approved on April 14, 2020 .
☐ 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
City Clerk
City Clerk’s Office Item # R-1
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: March 23, 2020
TO: President Dennis E. Flores and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Brenda Armijo, City Clerk
FROM: Greg Pedroza, Interim Director of Aviation
SUBJECT: AN ORDINANCE APPROVING THE REQUEST FOR FAA APPROVAL OF
AGREEMENT FOR TRANSFER OF ENTITLEMENTS BETWEEN THE CITY OF
PUEBLO, A MUNICIPAL CORPORATION, AND THE FEDERAL AVIATION
ADMINISTRATION, AND AUTHORIZING THE MAYOR TO EXECUTE SAME
SUMMARY:
This ordinance approves the Request for FAA Approval of Agreement for Transfer of
Entitlements so that the Federal Aviation Administration (FAA) may make those funds available
to Craig-Moffat County Airport.
PREVIOUS COUNCIL ACTION:
Not applicable to this Ordinance.
BACKGROUND
The Airport receives Airport Improvement Program (AIP) grant funding (Entitlements) through
the FAA. Last year, funds were not available for the Master Plan Study grant until Craig-Moffat
County Airport agreed to transfer $300,000 in Entitlement funding to Pueblo Airport. This
Agreement will transfer back the same amount in Entitlements to Craig-Moffat County Airport.
FINANCIAL IMPLICATIONS:
The only financial implication will be that the Airport will receive $300,000 less in Entitlement
funds this year from the FAA.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
If this agreement is not approved, the FAA might withhold future funding until the Entitlements
are repaid.
RECOMMENDATION
The Department of Aviation recommends approval of this Ordinance.
Attachments:
Ordinance
FAA Letter to the Mayor
Request for FAA Approval of Agreement for Transfer of Entitlements
FAA Letter to Moffat County Board of Commissioners
Moffat County Agreement for Transfer of Entitlements
e1 U.S.Department of Transportation OMB CONTROL NUMBER:2120-0569
Oil Federal Aviation Administration EXPIRATION DATE:8/31/2019
Request for FAA Approval of Agreement for Transfer of Entitlements
In accordance with 49 USC §47117(c)(2),
Name of Transferring Sponsor: City of Pueblo, Colorado
hereby waives receipt of the following amount of funds apportioned to it under 49 USC §47117(c)for the:
Name of Transferring Airport(and LOCID): Pueblo Memorial Airport(PUB)
for each fiscal year listed below:
Entitlement Type
(Passenger, Cargo or Fiscal Year Amount
Nonprimary)
PN 2020 $300,000
$
$
$
Total $300,000
The Federal Aviation Administration has determined that the waived amount will be made available to:
Name of Airport(and LOCID) Receiving Transferred Entitlements: Craig Municipal Airport (CAG)
Name of Receiving Airport's Sponsor: City of Craig, Colorado
a public use airport in the same state or geographical areas as the transferring airport for eligible projects
under 49 USC §47104(a).
The waiver expires on the earlier of September 30, 2020 or when the availability of apportioned funds
lapses under 49 USC § 47117(b).
For the United e- of America, Federal Aviation Administration:
__ ///7-7
Signature:
Name: John P. B u er
Title: Mana•er renverAir.orts District Office
FEB 1 3 2020
Date:
FM Form 5100-110(1/17) SUPERSEDES PREVIOUS EDITION Page 1 of 2
Certification of Transferring Sponsor
I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and
willfully providing false information to the federal government is a violation of 18 USC § 1001 (False
Statements)and could subject me to fines, imprisonment, or both.
Executed on this 13th day of April , 2020
Name of Sponsor: CITY OF PUEBLO, COLORADO
Name of Sponsor's Authorized Official: Ni chol as A. Gradi sar
Title of Sponsor's Authorized Official: Mayor
•
Signature of Sponsor's Authorized Official:
Certificate of Transferring Sponsor's Attorney
I, �.. . ._ . ROBt, 1 ri Cr 6-E 12 , acting as Attorney for the Sponsor do
hereby certify that in my opinion the Sponsor is empowered to enter into the foregoing Agreement under
the laws of the state of Colorado. Further, I have examined the foregoing Agreement and the actions
taken by said Sponsor and Sponsor's official representative has been duly authorized and that the
execution thereof is in all respects due and proper and in accordance with the laws of the said state and
49 USC §47101, et seq.
Dated at pN g-8 L oL o r Aa a (City, State), this • 3/4_ t-day of /} r • , 2 0 7 0 .
Signature of Sponsor's Attorney: 40' J, e
FAA Form 5100-110(1/17) SUPERSEDES PREVIOUS EDITION Page 2 of 2