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HomeMy WebLinkAbout10486 City Clerk's Office Item # R2 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: June 12, 2023 TO: President Heather Graham and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Greg Pedroza, Director Aviation SUBJECT: AN ORDINANCE APPROVING AND ACCEPTING COLORADO DEPARTMENT OF TRANSPORTATION (CDOT) AERONAUTICS DIVISION GRANT NO. 23-PUB-01 FOR FUNDS IN THE AMOUNT OF $276,521 FOR THE RUNWAY 8R-26L REHABILITATION AND TAXIWAY A2 REMOVAL PROJECT, AUTHORIZING THE MAYOR TO EXECUTE SAME, AND BUDGETING AND APPROPRIATING $599,121 IN GRANT AND MATCHING FUNDS TO PROJECT NO. AP2205 – REHAB RUNWAY 8R-26L DESIGN & CONSTRUCTION SUMMARY: This Ordinance will approve and accept a Colorado Department of Transportation Aeronautics Division Grant for the Runway 8R-26L Rehabilitation and Taxiway A2 Removal (Phase 2 Construction) project for the Pueblo Memorial Airport. PREVIOUS COUNCIL ACTION: Ordinance No. 10242 was approved by City Council on August 9, 2022, and accepted an FAA AIP grant, established Project No. AP2205, and awarded the Agreement for Professional Engineering Services (“Professional Services Agreement”) to Dibble and Associates Consulting Engineers, Inc., for the Rehabilitation of Runway 8R/26L (Phase 1 - Design). BACKGROUND: The Colorado Department of Transportation (CDOT) conducted a pavement condition assessment of this Runway, and it was determined that the pavement needs rehabilitation. This project is on the Capital Improvement Plan schedules for 2022 and 2023, approved by both the FAA and CDOT for Entitlement Fund use. This Ordinance will approve and accept the Colorado Department of Transportation’s grant for its portion of the project funding. The Federal Aviation Administration’s grant will be accepted at a later date. ORDINANCE NO. 10486 AN ORDINANCE APPROVING AND ACCEPTING COLORADO DEPARTMENT OF TRANSPORTATION (CDOT) AERONAUTICS DIVISION GRANT NO. 23-PUB-01 FOR FUNDS IN THE AMOUNT OF $276,521 FOR THE RUNWAY 8R-26L REHABILITATION AND TAXIWAY A2 REMOVAL PROJECT, AUTHORIZING THE MAYOR TO EXECUTE SAME, AND BUDGETING AND APPROPRIATING $599,121 IN GRANT AND MATCHING FUNDS TO PROJECT NO. AP2205 – REHAB RUNWAY 8R-26L DESIGN & CONSTRUCTION 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 the 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 an FAA-designated public-use 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 and such airports may request assistance by means of an Ordinance passed by the applicant’s duly-authorized Governing body, which understands that all funds shall be used exclusively as defined in the Division’s Programs and Procedures Manual (“the Manual”) and the Airport Sponsor Assurances for the Colorado Discretionary Aviation Grant Funding (“Grant Assurances”) for the project detailed in the Discretionary Aviation Grant Application (“Application”) and in conjunction with CDOT’s Small Dollar Grant Award Terms and Conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Mayor and City Council of the City of Pueblo, as a duly authorized governing body of the grant applicant, hereby formally request 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 this Ordinance, 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 this Ordinance and Grant Assurances. SECTION 2. The Small Dollar Grant Award CDAG No. 23-PUB-01, including the Grant Assurances and Application, (together the “Grant Agreement”) by and between the Colorado Department of Transportation Aeronautics Division (“CDOT”) and the City of Pueblo, a Municipal Corporation, a true copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby accepted and approved. SECTION 3. 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 4. 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 City’s behalf. SECTION 5. Funds in the amount of $276,521.00 from the Grant Agreement are hereby budgeted and appropriated to Project No. AP2205 – Rehab Runway 8R-26L Design & Construction. SECTION 6. Local matching funds in the amount of $322,600.00 are hereby budgeted and appropriated from the Airport Improvement Trust Fund to Project No. AP2205 – Rehab Runway 8R-26L Design & Construction. SECTION 7. The City of Pueblo has appropriated all funds that are currently required to be provided by the Application under the terms and conditions of the Grant Agreement. SECTION 8. Pursuant to the Grant Agreement, CDOT may make amendments to the grant terms and its obligations thereunder, including the increasing or decreasing of its grant obligation. In accordance therewith, such amendments shall be effective without the need for an additional ordinance or other action by City Council. Should CDOT increase the maximum grant obligation, said funds shall be automatically budgeted and appropriated to Project No. AP2205 – Rehab Runway 8R-26L Design & Construction, as designated by CDOT, without the need for further action. SECTION 9. 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 10. Use of the grant funds from the Grant Agreement for Project No. AP2205 – Rehab Runway 8R-26L Design & Construction, is hereby conditioned on the City’s receipt of Federal Aviation Administration (“FAA”) grant funds for said project. Should an FAA grant not be received for the stated purpose, the grant funds from the Grant Agreement shall be returned to CDOT. SECTION 11. The officers and staff of the City are authorized to perform any and all acts consistent with this Ordinance and the Grant Agreement to implement the policy and procedures described therein. SECTION 12. 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 June 12, 2023. Final adoption of Ordinance by City Council on June 26, 2023. ____________________________ President of City Council Action by the Mayor: ☒ Approved on _June 29, 2023____. ☐ 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 FINANCIAL IMPLICATIONS: Funds in the amount of $599,121, which includes CDOT’s grant award of $276,521 plus the City of Pueblo’s required matching funds of $322,600 for the entire project. The City’s matching funds will be transferred from the Airport Improvement Trust Fund, budgeted and appropriated to Project No. AP2205 – Rehab Runway 8R-26L Design & Construction. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: If this Ordinance is not approved, the grant will not be accepted from the State and project will not occur. RECOMMENDATION: Approve the Ordinance. ATTACHMENTS: 1. 23-PUB-01 SDGA Resolution to be Signed 2. CDOT Grant Cert Memo