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HomeMy WebLinkAbout09699ORDINANCE NO. 9699 AN ORDINANCE ESTABLISHING THE REHAB RUNWAY 8L/26R PROJECT NO. AP2002, ACCEPTING AND APPROVING COLORADO DEPARTMENT OF TRANSPORTATION AERONAUTICS DIVISION GRANT AGREEMENT NO. 20-PUB-01 FOR FUNDS IN THE AMOUNT OF $500,000 TO REHAB RUNWAY 8L/26R AND AUTHORIZING THE MAYOR TO EXECUTE SAME, TRANSFERRING $55,555 FROM THE AIRPORT IMPROVEMENT TRUST FUND BALANCE IN MATCHING FUNDS TO PROJECT NO. AP2002, AND BUDGETING AND APPROPRIATING $555,555 TO PROJECT NO. AP2002 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 eligible 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, grant assurances and requirements as defined in the Division’s Program and Procedures Manual, (“the Manual”) and the Airport Sponsor Assurances for Colorado Discretionary Aviation Grant Funding (“Grant Assurances”); NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Capital Project No. AP2002 – Rehab Runway 8L/26R is hereby established. 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. By signing the 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 and Grant Assurances. SECTION 3. Grant Agreement No. 20-PUB-01 by and between Colorado Department of Transportation Aeronautics Division, 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 4. The Mayor is hereby authorized to execute the Grant Agreement in the name and on behalf of the City of Pueblo, where the Mayor may execute the Grant Agreement by electronic signature and such electronic signature shall be attributable to the Mayor and the City of Pueblo. SECTION 5. 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 on its behalf. SECTION 6. 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 7. Funds in the amount of $500,000 from the Grant Agreement are hereby budgeted and appropriated to the Rehab Runway 8L/26R Project No. AP2002. SECTION 8. Matching funds in the amount of $55,555 are hereby transferred from the Airport Improvement Trust Fund balance to the Rehab Runway 8L/26R Project No. AP2002. SECTION 9. 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 Agreement. SECTION 10. 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. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW SECTION 11. 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 April 13, 2020 . Final adoption of Ordinance by City Council on April 27, 2020 . President of City Council Action by the Mayor: ☒ Approved on April 28, 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 ESTABLISHING THE REHAB RUNWAY 8L/26R PROJECT NO. AP2002, ACCEPTING AND APPROVING COLORADO DEPARTMENT OF TRANSPORTATION AERONAUTICS DIVISION GRANT AGREEMENT NO. 20-PUB-01 FOR FUNDS IN THE AMOUNT OF $500,000 TO REHAB RUNWAY 8L/26R AND AUTHORIZING THE MAYOR TO EXECUTE SAME, TRANSFERRING $55,555 FROM THE AIRPORT IMPROVEMENT TRUST FUND BALANCE IN MATCHING FUNDS TO PROJECT NO. AP2002, AND BUDGETING AND APPROPRIATING $555,555 TO PROJECT NO. AP2002 SUMMARY: Attached is an Ordinance approving and accepting a Colorado Department of Transportation Aeronautics Division (“State”) grant agreement to rehab runway 8L/26R at the Pueblo Memorial Airport (“Airport”), establishing Project No. AP2002, transferring funds from the Airport Improvement Trust Fund balance for matching funds and budgeting and appropriating funds into the project. PREVIOUS COUNCIL ACTION: Not applicable to this Ordinance. BACKGROUND The existing pavement on Runway 8L/26R is weathering and experiencing block cracking. This grant will provide funds to rehabilitate the runway. FINANCIAL IMPLICATIONS: The total project cost is $555,555. The State grant is for $500,000 which is 90% of the project. The City’s matching funds are $55,555. The FAA has approved the use of the Airport Improvement Trust Funds for the City’s matching funds. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance ALTERNATIVES: If City Council does not approve this Ordinance, the grant will be returned to the State and the pavement on Runway 8L/26R will continue to deteriorate. RECOMMENDATION: The Department of Aviation recommends approval of this Ordinance. Attachments: Proposed Ordinance Colorado Department of Transportation Aeronautics Division Grant Agreement No. 20- PUB-01 Grant Certification Memo FAA Letter of Approval to Use Airport Improvement Trust Funds