HomeMy WebLinkAbout08159ORDINANCE NO. 8159
AN ORDINANCE BUDGETING AND APPROPRIATING
ADDITIONAL FUNDS IN THE AMOUNT OF $237,290 FOR
CAPITAL PROJECT NO. CP0919 - FY 2009 PUEBLO
WEISBROD AIRCRAFT MUSEUM HANGAR #2 PROJECT
AND AMENDING THE AGREEMENT WITH THE PUEBLO
HISTORICAL AIRCRAFT SOCIETY
WHEREAS, City Council previously approved an agreement with the Pueblo
Historical Aircraft Society to construct the Pueblo Weisbrod Aircraft Museum Hangar #2
and administer funds in the amount of $836,785.
WHEREAS, the Pueblo Historical Aircraft Society has secured additional funds in
the amount of $237,290 to commit towards the project
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that
SFOTinN 1
Additional funds in the amount of $237,290 shall be budgeted and appropriated for
and made available in Project No. CP0919 — 2009 Pueblo Weisbrod Aircraft Museum
Hangar #2.
INTRODUCED: March 8, 2010
BY: Judy Weaver
COUNCILPERSON
APPROVED:
RESIDENT CF CITY CC) UNCIL
ATTESTED BY:
GIB' Y CLERK
PASSED AND APPROVED: March 22, 2010
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # R -6
DATE: MARCH 8, 2010
DEPARTMENT: PUBLIC WORKS
DIRECTOR — EARL WILKINSON, P.E.
TITLE
AN ORDINANCE BUDGETING AND APPROPRIATING ADDITIONAL FUNDS IN THE
AMOUNT OF $237,290 FOR CAPITAL PROJECT NO. CP0919 - FY 2009 PUEBLO
WEISBROD AIRCRAFT MUSEUM HANGAR #2 PROJECT AND AMENDING THE
AGREEMENT WITH THE PUEBLO HISTORICAL AIRCRAFT SOCIETY
ISSUE
Should City Council budget and appropriate an additional $237,290 into Project No.
CP0919 - FY 2009 Pueblo Weisbrod Aircraft Museum Hangar #2 and amend the
agreement with the Pueblo Historical Aircraft Society (PHAS)?
Approval of this Ordinance.
BACKGROUND
Much of the funding for this project came from donations from private foundations. Pueblo
County also committed $120,000 from their 2010 Budget, however, the PHAS has not
receive all of the private funding and expects to receive the funds from Pueblo County in
quarterly installments. These additional funds must be added to the project account so
that a construction contract may be awarded.
FINANCIAL IMPACT
The Pueblo Historic Aircraft Society originally committed funds in the amount of
$836,785.00 for this project but has since secured an additional $237,290 for a total
project amount of $1,074.075. Under the terms of the PHAS Agreement the City will pay
for the cost of construction from the City General Fund, but will be reimbursed from the
PHAS funds assigned to the City, including $120,000.00 committed from Pueblo County.
AMENDMENT NO. 1
To
Agreement between Pueblo, a Municipal Corporation and Pueblo Historical Aircraft Society
THIS AMENDMENT NO. 1 to the Agreement between Pueblo, a Municipal Corporation
( "City"), and the Pueblo Historical Aircraft Society ( "Society"), is made and entered into this
22nd day of March. 2010 ( "Amendment ").
WHEREAS, the City and the Society have heretofore entered into an Agreement dated
January 25, 2010 (hereinafter "the Agreement ") wherein the City agreed to contract for design
and construction of a Display Hangar ( "Project "), using funds currently held in trust by the
Society and payable for expenses occurred during the design and construction of the hangar upon
issuance of Director's Notices in accordance with the terms of the Agreement; and
WHEREAS, the amount of funding available for the Project stated in Section 1 of the
Agreement is $904,075.69; and
WHEREAS, based upon the bids received for the construction, additional funds are
necessary to construct the Project; and
WHEREAS, it is necessary and desirable that the Agreement be amended to provide
additional funds for the construction of the Project, subject to all terms and conditions of the
Agreement;
NOW, THEREFORE, in consideration of the foregoing and the mutual terms and
conditions set forth herein, the parties agree as follows:
1. The Agreement is amended by revising Section 1(c) thereof to revise the amount
of funds committed by Society to $1,074,075.69 which shall include $50,000 from the Gates
Foundation and $120,000 to be provided during calendar year 2010 from Pueblo County. The
Gates Foundation funds are currently being held at Pueblo Bank & Trust in Money Market
account number 100117228. The funds to be provided by Pueblo County will be paid by Pueblo
County directly to the Society and will be deposited into the Society's Carton National Bank
checking account established specifically for distribution of funds to reimburse the City for funds
expended for construction of the Project.
2. Except as expressly modified by this Amendment No. 1, the Agreement shall
remain in full force and effect. Except as expressly modified, any obligations remaining to be
performed under the original Agreement by either party, are not waived or excused in any
manner, but shall be fully performed in accordance with the terms and conditions of the
Agreement as it existed prior to this Amendment.
IN WITNESS WHEREOF, the City and the Society have executed this Amendment No.
1 as of the date first above written.
ATTEST:c�o�
Clerk
Approved as to form:
City Attorney
ATTEST:
ecre
Society
CITY OF PUEBLO
A MUNICIPAL CORPORATION
By: L. ' lctk� _
President of City Council
PUEBLO HISTORICAL AIRCRAFT
SOCIETY, A COLORADO NON-
PROFIT CORPORATION
By:
Presidenyll Historical i