HomeMy WebLinkAbout6407RESOLUTION NO. 6407
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE
UNITED STATES OF AMERICA AND THE CITY OF PUEBLO
A MUNICIPAL CORPORATION, AND AUTHORIZING THE
PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO,
THAT:
SECTION 1:
AN AGREEMENT DATED JULY 10, 1989 A COPY OF WHICHIS
ATTACHED HERETO AND MADE A PART THEREOF BY REFERENCE AFTER HAVING
BEEN APPROVED AS TO FORM BY THE CITY ATTORNEY, BY AND BETWEEN THE
UNITED STATES OF AMERICA AND THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, TO ESTABLISH A SPECIAL AIRPORT IMPROVEMENT TRUST FUND
IN THE AMOUNT OF $37,000.00 BEING THE APPRAISED VALUE AND THE
PROCEEDS OF THE SALE OF 4.94 ACRES OF LAND LOCATED AT PUEBLO
MEMORIAL AIRPORT AND SOLD TO ARKANSAS VALLEY TECHNOLOGIES, INC,
A TEXAS CORPORATION.
SECTION 2:
WITHIN FIVE YEARS OF THE DATE OF THE AGREEMENT, THIS SUM
WILL BE EXPENDED FOR APPROVED AIRPORT DEVELOPMENT. IT IS UNDER-
STOOD AND AGREED THAT THIS AMOUNT WILL NOT BE ELIGIBLE AS OWNER
MATCHING FUNDS FOR DEVELOPMENT UNDER THE AIRPORT IMPROVEMENT
PROGRAM (AIP).
SECTION 3:
THE PRESIDENT OF THE COUNCIL IS HEREBY AUTHORIZED TO
EXECUTE SAID AGREEMENT ON BEHALF OF PUEBLO, A MUNICIPAL CORPORATION,
AND THE CITY CLERK SHALL AFFIX THE SEAL OF THE CITY THERETO AND
ATTEST THE SAME.
INTRODUCED JULY 10, 1989
BY MIKE OCCHIATO
COUNCILMAN
APPROVED:
ATTEST: `
�L PRESIDENT OF THE CITY COUNCIL
I CLERK
AGREEMENT
THIS AGREEMENT made and entered into the 10th day of _,7LTr,y
19 89 , by and between the UNITED STATES OF AMERICA, party of the first part,
acting by and through the Federal Aviation Administration, hereinafter referred
to as the FAA, and the CITY OF PUEBLO, body politic under the laws of the State
of Colorado, hereinafter referred to as Owner.
WHEREAS, the United States of America on the 20th day of July, 1948, did
transfer certain property to the Owner by Quitclaim Deed, which property is
located and described on the attached Exhibit "A" and,
WHEREAS, the United States of America did issue 26 separate Grant Offers
and such offers were accepted by the Owner; and,
WHEREAS, said Quitclaim Deed and the Several Grant Agreements contained
reservations, restrictions, and conditions, and,
WHEREAS Owner has requested the FAA to execute a Deed of Release whereby
it would release the said described property from all the reservations,
restrictions, and conditions as set forth in the said Quitclaim Deed and Grant
Agreement Assurances; and,
WHEREAS, the Owner intends to dispose of said land free and clear of the
reservations, restrictions, and conditions and receive other valuable
consideration therefor;
NOW, THEREFORE, for and in consideration of the FAA's releasing of said
described land from said reservations, restrictions, and conditions, the Owner
hereby agrees as follows:
1. To expend a sum of $37,000 within five (5) years after the date of
execution of this agreement for Airport Develcpment. It is understood and agreed
that this amount will not be eligible as Owner Matching Funds for development
under the Airport Improvement Program (AIP) or successor programs. Projects to
be accomplished during the five (5) years are those projects described in the
1989 -1994 CIP.
2. To maintain accurate records of expenditures of the $37,000 sum, which
will be in accordance with accepted business practices and open for inspection
by FAA at any time for three years after the date of completion of the item.
3. To incorporate in any deed of transfer of such land any reservation
or restriction which is reserved or retained in the Deed of Release to protect
the rights and interests of the public in the airport and to preserve its use
as a safe and useable airfield.
2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
10 t hday of — JIJT,y 1 1 g
(SEAL)
WITNESSES
K nneth F. Hunter
Title President of City Coun
ATTEST:
CI CLERK
CITY ATTOR
THE UNITED STATES OF AMERICA
By
Manager, Airport District Office
Federal Aviation Administration.
Department of Transportation
o
City of Pueblo
JAMES P. ELWOOD, A.A.E.
Director of Aviation
31201 Bryan Circle
Pueblo, Colorado 81001
(719) 948 -3355
(719) 948 -3361
MEMORANDUM
TO: City Clerk's Office
FROM: Connie DeVore, Senior Clerk Typist
Pueblo Memorial Airport
SUBJECT: Resolution No. 6407
DATE: May 20, 1993
On May 19. 1993, 1 was contacted by the City Clerk's Office regarding a lease agreement
which was approved under Resolution No. 6407. The City Clerk's Office was looking for the
original of the lease agreement which had been signed by all parties involved. The only copy
they had was one which was signed by the President of City Council, the City Clerk, and the
City Attorney.
In checking the files for Arkansas Valley Technologies, Inc., it was found that the Airport files
contained the same documents as the City Clerk's Office. I was unable to find any
documentation to show what happened to the agreement (whether it had gone through or had
been terminated). Irene Perez of the Airport then contacted Mr. Ray Monroe, retired Director
of Aviation, by telephone and asked him if he remembered what had happened to this lease
agreement. Mr. Monroe related that the agreement was terminated as Arkansas Valley
Technologies was unable to obtain funding.
The City Clerk's Office was contacted and this information was relayed to them. I also
informed them that a memo would be forthcoming for documentation purposes. I was told
that they would contact Mr. Jagger, City Attorney, to see what steps needed to be taken I
rescind this resolution.
F
Co nie J. DeVor l Senior Clerk Typist
Pueblo Memori I irport