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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