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ORDINANCE NO. 10133
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE
UNITED STATES FOREST SERVICE AND THE CITY OF
PUEBLO, A MUNICIPAL CORPORATION, FOR THE RELEASE
OF THE FIRE FIGHTING RELOAD BASE, ALSO KNOWN AS THE
TANKER BASE RELOAD PIT, CONSISTING OF TWO STORAGE
TANKS, PUMPING MECHANISMS, AND ASSOCIATED
ELECTRICAL UTILITIES, AND AUTHORIZING THE MAYOR TO
EXECUTE SAME
WHEREAS, the United States Forest Service (“USFS”) installed the Fire Fighting
Reload Base (“Base”) in 2005 to aid the USFS with fire-fighting services in the region and
is used to reload airplanes with fire retardant during the fire season; and
WHEREAS, the USFS no longer needs the Base and further wishes to disclaim all
interest in the Base; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Agreement between the United States Forest Service and the City of Pueblo
(“Agreement”) regarding the Fire-Fighting Reload Base at the Pueblo Municipal 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.
Upon the effective date of this Agreement, the Base will remain at the Pueblo Memorial
Airport and become the sole property of the City at no cost to the City, USFS disclaiming all further
interest in the Base. All ownership, control, and possession of the Base will transfer in full to City
upon execution of this Agreement, and USFS will have no further right to use or interest in the
Base.
SECTION 4.
The officers and staff of the City are authorized to perform any and all acts consistent with
the intent of this Ordinance to implement the policies and procedures described therein.
SECTION 5.
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 14, 2022 .
Final adoption of Ordinance by City Council on March 28, 2022 .
President of City Council
Action by the Mayor:
☒ Approved on March 30, 2022 .
□ 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 14, 2022
TO: President Heather Graham and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Marisa Stoller, City Clerk
FROM: Greg Pedroza, Director of Aviation
SUBJECT: AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE UNITED
STATES FOREST SERVICE AND THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, FOR THE RELEASE OF THE FIRE FIGHTING RELOAD BASE,
ALSO KNOWN AS THE TANKER BASE RELOAD PIT, CONSISTING OF TWO
STORAGE TANKS, PUMPING MECHANISMS, AND ASSOCIATED
ELECTRICAL UTILITIES, AND AUTHORIZING THE MAYOR TO EXECUTE
SAME
SUMMARY:
This Ordinance approves an Agreement with the United States Forest Service (“USFS”) for the
transfer of the Fire Fighting Reload Base, also known as the tanker base reload pit,
(“Base”) at the Pueblo Memorial Airport to the City of Pueblo.
PREVIOUS COUNCIL ACTION:
Not applicable to this Ordinance.
BACKGROUND:
The USFS installed the Base in 2005 to aid the USFS with fire-fighting services in the region and
is used to reload airplanes with fire retardant during the fire season. The USFS no longer needs
the Base and further wishes to disclaim all interest in the Base. With regards to the installation
and use of the Base, there was a mutual understanding and agreement between the parties that
the USFS had the right to use the Base as long as it needed the Base and in accordance with law
and subject to reasonable regulation and involvement by the City.
FINANCIAL IMPLICATIONS:
Not applicable to this Ordinance.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
If this Ordinance is not approved, the Base will remain the property of the USFS and will go
unused.
RECOMMENDATION:
The Department of Aviation recommends approval of this Ordinance.
Attachments:
Proposed Ordinance
Agreement between the United States Forest Service and City of Pueblo
AGREEMENT BETWEEN THE UNITED STATES FOREST
SERVICE AND THE CITY OF PUEBLO
Pueblo Memorial Airport
Fire Fighting Reload Base
This Agreement regarding the Fire-Fighting Reload Base at the Pueblo Municipal Airport
("Agreement") is entered into this 14th day of March , 2022, by and between the City of
Pueblo, a Municipal Corporation, ("City") with an address of 1 City Hall Place, Pueblo, Colorado
81003, and the United States Forest Service ("USFS"), with an address of 240 West Prospect
Road, Fort Collins, Colorado 80526, collectively referred to as the"Parties" or individually as a
"Part "
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1. Purpose
The City and USFS have entered into this Agreement to set forth the understandings and
terms of the parties with respect to the Fire Fighting Reload Base, also known as the
tanker base reload pit, and consisting of two storage tanks, pumping mechanisms, and
associated electrical utilities ("Base"), located adjacent to office space at the Pueblo
Memorial Airport("Airport")as depicted in Exhibit"A",attached hereto and made a part
hereof. The USFS installed the Base in 2005 to aid the USFS with fire-fighting services
in the region and is used to reload airplanes with fire retardant during the fire season. The
USFS no longer needs the Base and further wishes to disclaim all interest in the Base.
2. Mutual Understandings
2.1 The parties hereby mutually agree as follows:
2.1.1 That with regards to the installation and use of the Base,there was a mutual
understanding and agreement between the parties that the USFS had the
right to use the Base as long as it needed the Base and in accordance with
law and subject to reasonable regulation and involvement by the City.
2.1.2 Upon termination of USFS use of the Base, the USFS retained the right to
remove the Base within a reasonable time and restore the Airport property
to its original condition at no cost to City.
2.2 Prior to execution of this Agreement, the USFS shall remove all USFS-owned
personal property not attached to the Base.
2.3 USFS has removed all fire retardant from the Base and is not aware of any issues at
the Base requiring repair as of the date of its execution of this Agreement.
2.4 Upon the effective date of this Agreement, the Base will remain on the Airport and
become the sole property of the City at no cost to the City, USFS disclaiming all
further interest in the Base. All ownership, control, and possession of the Base will
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transfer in full to City upon execution of this Agreement, and USFS will have no
further right to use or interest in the Base.
2.5 Subject to the other provisions of this Agreement, upon execution of this Agreement,
the City shall accept the Base "as is" and relieve the USFS of any obligation to
remove the Base or restore Airport property to its original condition.
3. Requirements and Regulations
3.1 The USFS covenants and warrants consistent with 42 U.S.C. § 9620(h)(3)(A)(ii)
regarding any hazardous substances on the Base:
3.1.1 Before the execution of this Agreement, the USFS shall take all remedial
action necessary to protect human health and the environment with respect
to any hazardous substance on the Base; and
3.1.2 After execution of this Agreement, the USFS shall conduct any additional
remedial actions related to hazardous substances located on the Base as of
the date of this Agreement's execution necessary to protect human health
and the environment and the City shall provide the USFS with access to
the Base to take these remedial actions.
4. Non-Fund Obligation Document
Nothing in this Agreement authorizes the parties to obligate or transfer funds. Specific
projects or activities that involve the transfer of funds requires execution of separate
agreements and are contingent upon the availability of appropriated funds. These
activities must be independently authorized by statute. This Agreement does not provide
that authority. Negotiation, execution, and administration of these agreements must
comply with all applicable law. Each party operates under its own laws, regulations, and
policies, subject to the availability of appropriated funds.
5. No Third Party Beneficiary Rights
Except as otherwise stated, this Agreement shall inure to the benefit of and be binding
only upon the parties hereto and their respective successors and assigns. Nothing in this
Agreement is intended,nor should it be construed, to create any rights, claims, or benefits
or assume any liability for or on behalf of any third party, or to waive any immunities or
limitations conferred under federal or state law.
6. Term of Agreement
This Agreement will become effective upon receipt of the last required signature.
7. Authorized Representatives of The Parties
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Each party shall designate a representative who is authorized to act on its behalf with
respect to those functions and responsibilities reserved herein for authorized
representatives of the parties. Either party may change the designation of its authorized
representative upon oral notice given to the other, confirmed by written notice.
Authorized representatives shall not have the authority to change any terms or conditions
of this MOU.
8. Uncontrollable Forces
No party shall be considered to be in default in performance of any of its obligations under
this Agreement when a failure of performance is due to an uncontrollable force. The term
"uncontrollable force" means any cause beyond the control of the party affected,
including, but not restricted to, failure or threat of failure of facilities,flood, earthquake,
storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, labor dispute,
labor or material shortage, sabotage, restraint by court order or public authority or action
or non-action by, or failure to obtain the necessary authorizations or approvals from, any
governmental agency or authority, which by exercise of due diligence and foresight such
party could not reasonably have been expected to avoid and which by exercise of due
diligence it shall be unable to overcome. Nothing contained herein shall be construed to
require a party to settle any strike or labor dispute in which it is involved. Any party
rendered unable to fulfill any obligation under this Agreement by reason of uncontrollable
force shall give prompt written notice of such fact to the other party and shall exercise due
diligence to remove such inability with all reasonable dispatch.
9. Notices
Any notice, demand, or request pursuant to this Agreement shall be in writing and
effective when delivered in person, sent by either registered or certified mail, or sent by
national overnight delivery service, postage prepaid, and addressed to the other party's
principal offices.
9.1 Notices to the USFS shall be sent (by U.S. Postal Service) to: Michael Spink, Zone
Aviation Officer, Forest Service, 2840 Kachina Drive, Pueblo, Colorado 81008, or
such other person or agency as the USFS might hereafter designate in a signed
writing.
9.2 Notices to the City shall be sent (by U.S. Postal Service) to the: City of Pueblo,
Pueblo Memorial Airport, 31201 Bryan Circle,Pueblo, Colorado 81001,with a copy
to the City of Pueblo, Law Department, 1 City Hall Place, Pueblo, CO 81003.
10. Waivers
Any waiver at any time by a party of its rights with respect to a default, or any other matter
arising under or in connection with this Agreement, shall not be deemed to be a waiver
with respect to any subsequent default or matter.
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11. Binding Obligations
All of the obligations set forth in this Agreement shall bind the parties and their successors,
and such obligations shall run with the parties' rights, titles, interests, and with all of the
interests of each party to this Agreement.
12. Integrations, Severability, Amendment, and Counterparts
This Agreement represents the entire agreement between the parties and supersedes all
prior discussions and written agreements or understandings. This Agreement may be
amended only by an instrument in writing signed by the parties. If any provision of this
Agreement is held invalid or unenforceable, no other provision shall be affected by such
holding, and all of the remaining provisions of this Agreement shall continue in full force
and effect. This Agreement may be executed in multiple counterparts, each of which shall
be deemed an original, and all of which together constitute one and the same agreement.
13. Electronic Signatures
This Agreement and all other documents contemplated hereunder may be executed using
electronic signatures with delivery via facsimile transmission, by scanning and
transmission of electronic files in Portable Document Format (PDF) or other readily
available file format, or by copy transmitted via email, or by other electronic means and
in one or more counterparts, each of which shall be: (i) an original, and all of which taken
together shall constitute one and the same agreement, (ii) a valid and binding agreement
and fully admissible under state and federal law, and (iii) enforceable in accordance with
its terms.
14. Effect of Section Headings
Section heading titles appearing in this Agreement are inserted for convenience only and
shall not be construed as interpretations of text.
15. Governing Law
This Agreement shall be construed and interpreted in accordance with federal law.
[Remainder of page intentionally left blank.]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the last
date of signature.
DATED THIS 360' day of "(°seat"4) , 2022.
[ SEAL ] CITY OF PUEBLO,
A MUNICIPAL CORPORATION
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ATTEST: �,� By 7��c,��Ci�.d/ �.�,.l
City (4 k Nicholas A. Gradisar, Mayor
Approved as to form:
City Attorney
UNITED STATES FOREST SERVICE
ROCKY MOUNTAIN REGION
Digitally signed by JAMES
"" PITTS
• Date:2022.02.11
By 10:08:43-0700'
James C. Pitts, Deputy Forest Supervisor
Pike & San Isabel National Forest
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EXHIBIT A
FIRE FIGHTING RELOAD BASE
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