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HomeMy WebLinkAbout09860 ORDINANCE NO. 9860 AN ORDINANCE APPROVING AN AIRPORT JOINT USE AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE UNITED STATES OF AMERICA, ACTING BY AND THROUGH THE SECRETARY OF THE AIR FORCE, AND AUTHORIZING THE MAYOR TO EXECUTE SAME WHEREAS, the previous Airport Joint Use Agreement passed by City Council through Ordinance No. 8795 on November 24, 2014 has expired; and WHEREAS, a new Airport Joint Use Agreement between the City of Pueblo, a Municipal Corporation, and the United States of America, acting by and through the Secretary of the Air Force, has been requested; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. A certain Airport Joint Use Agreement (“Agreement”) by and between the City of Pueblo, a Municipal Corporation, and the United States of America, acting by and through the Secretary of the Air Force, relating to operation and maintenance of flying facilities at the Pueblo Memorial Airport, 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, is hereby approved. SECTION 2. The Mayor is hereby authorized to execute the Agreement in the name and on behalf of the City of Pueblo, where the Mayor may execute the Agreement by electronic signature and such electronic signature shall be attributable to the Mayor and the City of Pueblo. 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 and the attached Agreement to effectuate the terms and conditions 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 December 28, 2020. Final adoption of Ordinance by City Council on January 11, 2021 . President of City Council Action by the Mayor: ☒ Approved on January 13, 2021 . □ 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-4 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: December 28, 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 AN AIRPORT JOINT USE AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE UNITED STATES OF AMERICA, ACTING BY AND THROUGH THE SECRETARY OF THE AIR FORCE, AND AUTHORIZING THE MAYOR TO EXECUTE SAME SUMMARY: This Ordinance approves an Airport Joint Use Agreement with the United States Air Force. PREVIOUS COUNCIL ACTION: On July 8, 2013, City Council passed Ordinance No. 8606 approving an Airport Joint Use Agreement with the Air Force. On April 14, 2014, City Council rescinded Ordinance No. 8606 and passed Ordinance No. 8722, approving a second Airport Joint Use Agreement with the Air Force. On November 24, 2014, City Council rescinded Ordinance No. 8722 and approved Ordinance No. 8795, approving a third Airport Joint Use Agreement with the Air Force. Said agreement expired on September 30, 2018. BACKGROUND The agreement approved by Ordinance No. 8795 expired on September 30, 2018, however requests in 2018 by the Department of Aviation to renew the contract went unanswered by the Air Force. On October 26, 2020, the Air Force requested new terms for an agreement that would take affect retroactively starting October 1, 2019. The requested changes affect only the dates of the agreement and how payments will be made to the City. These changes are acceptable to the Aviation Department. FINANCIAL IMPLICATIONS: The agreement provides that the Air Force will, within 30 days of executing the Agreement, pay a lump sum of $29,780.65 for the period beginning October 1, 2019 and ending September 30, 2020. For the period beginning October 1, 2020 and ending September 30, 2021, the Air Force will also pay $29,780.65. The previous agreement set annual payments at $29,780.85, a difference of twenty cents ($0.20). BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: If City Council does not approve the Agreement, the City will not receive any funds from the Air Force for its operations at the Airport. RECOMMENDATION The Aviation Department recommends approval of this Ordinance. Attachments: Airport Joint Use Agreement