HomeMy WebLinkAboutMINUTES-09/28/1976-AdjournedSeptember 28, 1976
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council - Manager Form of Government
Adjourned Meeting 1:30 P.M.
An adjourned meeting of the Council of the City of Fort Collins
was held on Tuesday, September 28, 1976, at 1:30 P.M. in the
Council Chambers in the City of Fort Collins City Hall. Roll
call was answered by Councilmembers Bloom, Bowling, Gray, Reeves,
Russell and Wilkinson.
Absent: Councilman Suinn. (Secretary's Note: Councilman Suinn
arrived at 1:45 p.m.)
Staff Members Present: DiTullio, Holmes, Kaplan, Bingman and Dowell.
Also: City Attorney Art March Jr. and Assistant Staff Attorney
Lucia Liley.
Bids Accepted for Fort Collins -Loveland Airport
' Apron Expansion and Resolution Adopted Authorizing
Acceptance of a Grant Offer from the Federal Aviation Administration
Mr. Jim Nichols from M & I Consulting Engineers reviewed the bid
tabulation. Mr. Kosta Constantine, Manager of the Airport, spoke
to some of the requirements set forth by the FAA. Council was
advised that the bid award must be made sometime in the next 120
days.
Councilwoman Reeves made a motion, seconded by Councilman Bowling
to receive the bids. Yeas: Councilmembers Bloom, Bowling, Gray,
Reeves, Russell and Wilkinson. Nays: None.
Deputy City Clerk, LaVonne Dowell, read the following resolution
at length.
247
1
RESOLUTION NO. 7 6 - 6 2
RESOLUTION AUTHORIZING THE ACCEPTANCE OF A GRANT OFFER
FROM THE UNITED STATES RELATING TO THE DEVELOPMENT OF THE
FORT COLLINS-LOVELAND AIRPORT
BE IT RESOLVED by the Mayor and City Council of the City of Fort
Collins, Colorado:
Section 1. That the City of Fort Collins shall, as Co-sponsor
with the City of Loveland, Colorado, accept the Grant Offer from the
Federal Aviation Administration dated September 28 , 1976,
for the purpose of obtaining federal aid in the development of the
Fort Collins -Loveland Airport, and that such Grant Offer shall be as
set forth hereinbelow.
Section 2. That the City of Fort Collins does hereby ratify and '
adopt all statements, representations, warranties, covenants and
agreements.contained in the Project Application which is incorporated
by reference in the said Grant Offer.
Section 3. That the Mayor is hereby authorized and directed to
execute said Grant Offer on behalf of the City of Fort Collins,
Colorado and the City Clerk is hereby authorzied and directed to
impress thereon the Official Seal of the City of Fort Collins,
Colorado and to attest said execution. _
Section 4• That the Grant Offer hereinabove referred to shall
be as follows:
248
E a Jv l o" .9 Pages
ro:
P _Lj<RA1_'AVIAT16N A'JP.l111107. RAT ION -
pL1S_UQffcr•
liat. of Offer September 28, 1976
Fort Collins -Loveland Air; art
FrojecCNw 5-08-0023-OP
Contract No. DoT-IATQM4-02143
T;a: Citiea of Fart Collina-I'oveland.'
(liv:rcin rowed to as the "Sponsor")
l'i Ci •i: Vie .United $tacos of A;;icrica (acting thIot'.j;'ilie, Fcctcral A'!1^tiou /lrhninictr.I'tiori• h^rein
referred to as the "FAX)
Vic Spa;;Sor h:"; submitted to the rAA. :a ` foierl. Alli''i
S.;ytan;hcr 13, 1976 , for a grant of Fcu aal inrids for a. Iraje a for �;ev::T{,p-
m^ant of the Ibrt Collins -Loveland Airport (herein called
III-`:.hport"), to ether Wile; PHis and specilm,,1.101?.- for suc:' project, wNch Project Anlica Boil,
Ir the FAA is hcrclly incorporatcd 1^ezein a:ul nlada a p:.tri hereof; r.;:d
Sr,"i, Ow FI'.A has a:pprovrd c. I:ra;cct for dcvcloprnc.:1 or Lite Airport (heroin calla, t11s
"Pro;act") coosisa.in., of the follot^inS desCriiied r.ilpolt develop;lie"L:
Iratai.l emergency siren for awash -lire -rescue alerts; expand aircraft
parl-J ng apron (approx. 6,500 a.y.�; reaonstraot existing aircraft
parlAn� apxron approx. 82786 s.y.._; ins -tan VASI-2o on Runway 15/33.
I
ali :is ": and particularly thscribed in the property diap and plans and specification:: incorporitcd is
the sai.; 'rojcct Appliaati'3n;
249
r<;c 2 of 9 pages
{:: •li ,_,.„,rOa..;, pllrsll nt to ail"! or Isle pur,ose (01cairlytlig out tir provisions of the All DUtt
to Airt ay Development Act of 19"70, as atnen:l_d (49 U.S.C. 1"701), and. ill cunsicicrntiva of (;+)
she Si.�-nsor's adoption and n:tilication or the representati 01's-arid assurances coriti,i:iA tlr said
1`r •i1:�'i, Apphca.tl')n, wid it,; ..CSCpt;mcc of this Otter Its IA eim!ftcr prcrvldcd, and (i)) the Lcrefits
:• cruc to .:!: United State- and the public f`rori tile. accoultaishn)eut of..the 1';ujecl awl the
r:•• .:,,it and nir.irteitance of the Airport as Jwrein provided, '1'11;i FEI)ER/ti. AVIATIQN AD-
P,','•i, FOR AND Qid •B%siiALF O P UNITED
tY�t.;i?,FI..'.; to pay,its tic United States'sharel. of the allove.-I)ie coats hicnlred-in acc'unipUsHng the .
Prig iec t,
90 percent. =
This Offer is trade on and subject to tit, following terns and conditions:
1. The maximum oblip itioli of the United States payable under this. Offer shall b+:
S 282,12.8.00.
2. The Sponsor shall:
(a) begin accomplishrnent of the Project within sixty (60) d nys
after acceptance of this .Offer of such longer time as may be prescribed by the Fish,
with failrre to do so constituting j.nst cause for terwinalion of tilt obligatiuu> of the ,
United States hereunder.by the FAA;
(b) carry out and complete the Project w•ith.•.it under deha avid ill=cordaiecc with lice
-- teen:. hneof, talc Airport arid Airway-Decelopmetit ,1r: of 1970-, and Seeders 15?.Sl--
= •152.63 of th-� Regulations of the Federal Aviation Administration (14 CF12 152) in
effc,ct as of the elute of acceptance of this Offer; which Reglli<itions lire herairvfter
referred to as the "Regulations'';
(c) carry out and c:r.tnpletc the Project in accordance with the ph-ms and specifications
and prupert r may, incorporated herein, as they may be revi-cd or modified itlr the
approval, of the FAA. .
3. The allowable costs or Elie project shail not include any coils daterrnired f , the FAA to
be ir.^.ligible for consideration as to alluwahGhty under Section JS2.17 (bl uf,the Regal;-
tiuns.
4. Payme•ut of the United Statc!c share of the Alosvahle project casts will -be +;a t:u,snailt
to at•-' in accordance .with the. provisians of Sections 152.65 I52.71 of llle .c,;nlalions.
hioA 4!otertuinalion as to the cdlowabi!ity of the costs of the project will ho ulad- at the
tire: of tl:• f.wal.E, ant pat° ,:tent pursuant to Section 152.71,of the Regutaltiuns:. 1'rnyided,
that, in t!tc event a scini final grant payment is.made puisuant to Section l5^_.i; of tile'
Regrlat,•r.s, final daterr,inatiou as -to the allowability"of, those costs to which suc;rsemi-'
filed paym.,nl relates will be made at the time ofsuch semi-final })ayrnent.
250
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Page 3 of 9 .pages
5• The Sponsor shall. operate and ntintain the airport as provided in the
Project Application incorporated herein and specifically covenants and
e.g..-eea, in accordance with its Assurance 20 in Part V.of said Project
Application, that iri its operation and the operation of all facilities
t',ereof,••neither it nor any person or oti nization occupying space or
iaacilities thereon will discriminate against any person or class of
.?:sons by reasons of race, color, creed or national origin in the use
of any of the facilities provided for the public on the airport.
6. Tho FAA reserves the right to amend or withdraw this Offer at any time
prior to.ito acceptance by the Sponsor.
7. Thio Offer shall expire and the United States shall not be obligated to
pay my part of the costa of the Project unless this Offer has been
accepted by the Spon::or on or before Sept. 30, 1976, or such moozequent
da':o as may be prescribed in writing by the 'FAA.
B. The Sponsor hereby agrees that it will incorporate or -cause to be
i•,norporat6d into any contract for construction c�rorti„ or modification
ti:•,reof, as defined in the regulations of the Secretary of Labor at
41 MR Chapter 60, which is paid for isrwhole or in part with .fund-
ob :.:fined from the. Federal Governmcnt or borrowed on the credit of tiie
1'c.•:ral Govern:,:nt pursuant to a grant, contract, loan, insurance, or
gu.:•antee, or uodertaken pursuant to any federal program involving
su!:h grant, contract, loan, insurance,. or guarantee the following
Equal Opportunity Clause.
' During.the performance of this contract; the contractor agrees am follows:
a. The contractor will not diserim-inate against any employee or
applicant for employment because of race, color, religion, sex or
national origin. Tile contractor will take affirmative action
to ensure that applicants arc employed,.and that employees are
treated inrri.iig' employment without regard to their race, color, sex,
or national origin. Such actions shall include, but not be
limited to the following: Employment,. upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or
termination,•rates of pay or other forms of compensation; and
selection for. training, including apprenticeship. The contractor
agreeki to port in conspicuous :daces, available to employees and
applicant:; for employment, notices to be provided setting forth
the provisions of this: nondiscrimination clause:
b. The contractor will, in all solici'.'[ons or advertisements for
employees placed by or on behalf o,. ::ie contractor, state that all
qualified ;•,mi.icants will ieceive consideration for employment
without I.:L;a.-;i to race, color, religion, sex or national origin.
o. Tile contractor shall send to each labor union or representative
of workero with which he has a collectivo bargaining agreement or
othor contract or understanding, a notice to be provided advising
251
rago.1; of 9 pages
-2c,
d.
th, said labor union or workers representativeu of the
e•,itractor's cor.,cutments under this section, and shall pock
c. iies of the notice in conspicuous places available .to employees.'.
aitd •applicant::for employment. f
,`.
The con.Lraci;or will comply with ell provisions of Fx_cutivo Ozd^r
ll2l;6 of Septomber 24, 1965, and of the rules, regulations, and
relevant.orders of the Socretary of Labor.
t. 51ee contractor will furnic;h all information and .reports requir._d
17 ncr :i Live Order I.12146 of September 211, 1965, and by 'rulrc,
:regulations, and order:: of. •the Secretax-j of Labor,."or purau;=L
thereto, and will per,•ait access to his books, .records, Emd
accounts by the adnini.3tering agency and the Secretary of Labor
for purposes of i.nvestigstion'to ascertain compliance with such "
es, re.r0Qa6ion3 and orders.
f. In the event of the contractor's noncomplian.e with the no:n-
di�crfmination'cla.nses'of this contract or vrith any of the said ;
rules, regulal;ions,.o:c prder., this contract mpy be canceled,
t4-mdiiatec1., or suay-..,ruled in whole or in part aid tho contractor
',;e decla.r^d Ineligible for further grvermnrent contracts of
fr:.i=:rally assisted construction contracts in acco.Maiico ;with
pi•n.•edrse:: ar `,hori,;ed in Executive Order 1146 of Sapto;iber 24,
194 and such other sanctions may be imposed Ev.-.d remedies
invoked a 3 provided in LFecutive Order 1121�6 of September 21,,
1.9 or by .roles, regulations, or order of the Secretary of
Labor, or as othc:rrrise provi Lied by law.
g. The contractor will include the portion Of tree sentance irined.iately
preced.=%ig par^grmnh a. and the proviaioris of pauac;:caph a. through g.
it tivery subcontract or .uLt••:14a.se order unle c e:::mpted by ruI•:c;,
r cl.ati.nrs, or orders of the Secretary of Labor issued purcu.wnt to
Sao Lion 201t of Executive Order 11246 of September 24,.1965, cn
that swuh provisions will ba binding upon each subcontractor or
vendor.. The contractor will take such action -with respect to
any subcnntract or p=.rchase order as the admi.riliterirZ zvg=cy may
direct a.s a means of .:_:forcing such provisions, inclu7ing .
ser_ction3 for nonporpliance. Provided, however, that. in the
event a contr.,�cto-- ber;c•ms3, involved in, or, is threatened w.itli,
litigation with a suL::ontractor or vendor azz a result of such
direction by the adnin:i3tcrirg ag.-ngy, the oontraotor waay rnrlustst
the United .Sta:tos to enter into such. ] ii:i.Ld.`t'wn. 'to h:co L*Ut th'
interests of the Unitod Stator.
5.ee . Spon:,•,.c farther agrees that it 'rill be bound by tho above EgiI11
[• ._: rctzn '.:.y clause with respect to its own er..plovment practices 141e11
it participates in federally assisted construct}on wort:: Provided,
-Wat if the. applicant so participating is a State or -local gnversmi?nt,
252
1
1
I
r:1•:;, ; of 99 pc:r,,:s
t: ,. above F51•al Opport.vni.ty clause -Jo not to c. y arpncy,
ir•_•1^:.entali:ty or cubdivisi.on of svch.governmont which does rot
1' f.a.p=te in work ort or under the contract.
'rile Sponsor a[;rves that: it will assi.at aiiV coopera.to ar:'savely 1•rith thre
a lnini.s tering aEe.ac f and the Secrotriy of Labor in ob Lain i1i ; tha co"Tf,' ar ce'
c-. contractors and subcontractors with the Equal.Qpportun_ity crease and
t. :, roles, regillations, and rele-innt orders of tho oC Labor
tdlat it urill .fu=nich the admi.niste-ring a; ency with 'tha Secret T y of
Libor such information as they may require for the rap^rvicion of such
c::mplis.nce, and that it will. otherwise assist tho-Vimiuistor. nt rcavlLoY
in the discharge of. the agency's primary responsibility- for se.cl:^inh
compliance.
9"re Sponsor further a. _nea that it will refrain fror1 entering into any
contract or contract modi.fl.cwbion rubject to i.Kecutive, Ordar 1:.240 of
?i; Sept_oenr 1965, kith a contractor debarred from, or tno has not
demonstrated eligi.bili.ty for, government contracts and federally asaiXted
cc istru6tion contra. - A.-; puratvint to the Rxecut:iva Oriler and will curry out
s, ?1 ac.aclions arid l:ena.lti.on for viol-ation of the k,n11,•,Ll Qrporh7.ilt,y
c1: •'.:•:c as moy ba it ,vae•i upon contractor: -and subcontractors b;; the
acl.:--nisl.ar: e„ency or the Secretaxy of Labor purs—utt Lo par;: Ii'i,'
b'urtpai•.. D, oZ tho T:::ecutive Order. In add-ition, tb^ Spouaor a;<,''-r,
that ; :' it fails or refu:;cs to comply with •theou imn-lortakinj,7, il,,a
administering agency may take any or all of the follo.ii.ua actic•ure C,;nce-1,
terminate, or sucperd in ullole or in part this grant: (contract, loan, `
i1l31)Ya11ce, . gt13Xa11tce); refrain from extendir.- as1,v .further assistz-Lce to
th : 'Sponsor ender %toe program with rasp-• : t to u4 i.ch the fai lur_a o-
roe:-r.O occiu-red witil. sakisfactoi-j assurance of futvia colepliance has .
bca:a rcceiived from the Sponsor.; or refer the case -to the Depar I:Iznt
of .-:,,lice for appropriate legal proceedings.
9. :e.Spnnsor hereby furth^-r. covenants that it: will not permit a,W
hamanlnt-typo structures, other than structures -required for aids to air -
navigation and such ogler structures ae may be sparificall.y exc_,,',ted
in urriting by tine PAA; to be erected on, and that it will caur•) vay
existi*tg atn.ctuin:7 to be removed from:, each ;iixoa identified or tllo
Erhi.b:iL- "A'1 as "cl.car zon0l or any portions Dherc:o£, couco•.;.i_1_ vhic.h the
Sponsor har acquired a foe interest with feel:oi.al. -'i.ne lciai. acsii i:anr.:o,
irresp--etive of whether such structures constitute an ob..:tnlctinn to
air navigation.
10. By its eccept•.nce hereof, the Sponsor he:roby covenant:, that: to ::'s^
it ha; or may 11::e eitbo:r present or f•u'turo control over each
i.a-ntifi.ed or: B;:ilibit "A" au "clear zone', and unl.ers excepti.00s to
o.: deviation J.zca the following obli.;;ations have bean r ron-t^d to the
,:por_sor in writing by the FAA, it will clear said a.roa or are.•.:; of e•�;�
ew-.ieting, structure or any natural growth which constitutes an obstrurtion
to ai' 2n--vi.: tt:ion with the standards established by Section 'l1 •2� at, epplied
to SEr-i.vr 25, Part 77, of the Federal Aviation Regulation❑; and thtr
S11.:':r further covenants -that it will control the subsequent ci:action of
s'. :rt.ures and control natural gronth to fhe extent necessary to prevent
ram••.'. on of obstructions• within said star..)=•ds.
253
Pagre 5 of 9 paCes
11. As u:rance Number 18 of Part V of the- project application inocrporated
h: -cdn is amended by including at the enq of the second sentence tie
:: �'.] ^win:; 18.r4•uage c
"ircludiw, the '_•ecll:i.re:i?en' That (A) each air caZ'.•'•i.,r,_ autl Ori:ed V Cn-i^yP.
&rrctly in air taansportatioa P"Tru3nt to Section t)0i or 402 of-t'•ia L'ederal
Aviation ••a't of 1958, using -;, h•airport s}iall,be c,bjeet to nondisori.mi.n-
ator.• and substantially ccmparable.rates, fees,'rontals, and other charans
ra.d n.ondiscrim.inators t)onditionc a_: ara. applicable' to all ouch air nnrriers
•wl icli m.;ke similar use of such airport and wliinh utilize similar .facilities,
subject to reasonable cias ificatio ns such as tenants cr nontenanto, and
c.,mY.- ted passenger rind cargo fli(thts or all carg-) flights, and such rlass-
iri•. !.ticn or status as tenant shall rot be u=ea.aanabl;• withhold by any
sps::aor provided or. air cazri.er.assuae:s obl..i.1,�•mtiona subst•a_ntially similar
to .those already imposed on tenant atr carriers, rs.d (B)'each fired base
orar� nor using a g=.neral r:viatioa airport shall.be cub -'tact to the sate rater.,
fit on, rental;;, Pnd other chargs9 au ere uniformly anpliea'.;lr• to all othc•'c
ftx, ba^e operators making the same or -similar une:. of such airport +i:.f" i::inr
1:••: :'•mra or similar fi!^ilities : •pro•:i.sion (A) above, shall not require t1w.
r+',...-'xtion )`" any 1n3'3e or Other eci-tracl: enPercd into by s e oncor before
JOB 12, 197:. Provia:ion B above shall not require the reformation of any
lr•1.)e or oft !r coatrant entered into by a sponsor before July 1, 1975."
I
2,. It is underotood aad agreed that no part of the Faderal share of or. airv;rt
tMm:lopnint project fc,• which a grant is na.do under the Airport and Airw:;j
B•-. ....op-,ent Act of 1970; ac amended (49 U.S.C. 1701 eL seq.), nr wlde:r the
:'ndl ral Airport Act, .•s amended (49 U.S.C. 1101 et seq. , sh.�1.1 be ineh•rled
i `.hn rate base in establishing fees, rates, and char;zes fnr user:i of the '
mi port.
.3. T1^?•I project ••nd all work perfo^meal thereunder is subject t, to Clean Air
Act and the Fedex 1. 1ater Polluti--n Control Cc Accozdingl,, ,. {
a. The sponsor heral�y utipulates teat any f_ci!'ty to be uti._ized i.i per- !I
formance under.'the grant nr to.),er_efit from the grant, in not listed or. �
the Ehlk Mot of Viclatin�, Pac:ilities.
t,.. The sponsor ?grnea to complyl••ith all the require:nmts of ^ecticrl l.'•.y
of the C1eaa. Ai.-:, Ant and .S^.ct ion 308 of '.he heder.l Water Pc'.l.ution
Control An:: ant c'1 rogala-tiova iHaued thereunder.
u. .Tre npo- ar e::.11" notif; ;hr rAA n1• the receipt of any communi.wtiun
from the i'sP� ird`r..ati.ng t'r•,- r._ facility to he ltilized for rerf:•rmnaice
of or 'a�ar,fi : .C�»m the trait ir> under consideration to he Listed on the
EPA 1_s# of Vt.nlat:ing rs,,il.itier.r
.- .
d Tl'. spJlla^� 'lyraev 'Lh,. ' •]a wV 1 includa c� c.^.:iae to be Jmcludn'l in my
cmntrw.t. cr snbcon':=act under .h3 gr.ant'vhti.eli exceed3.$$$100,000 the criteria
and regiuroment." in these etch.,<_agraphs a !:,ro.kyji d.
254
1
+. lame 7 of 9 pries
111. The sponsor will ::end a copy of all invitations for bids, adver V -r -cl
or negntircted, for concessions or other busMensos at the ai-rport to
P` Director, Dallas Regional Office of.I1inori_ty Business Entnrpriza
( 1! 12 Main Street D.ellas Texas r will � + + 75�02. The BpOri..O_ H111 dip-,
rloce and make information about the contrac't:., contracting procedures
requirements available to the designated. OI�E representative and
rd.nori.l:y fi:c•ms on the same basis that such information is disclosed
and m_tde available to other organizations or firma. Responses by
minority firms to invitations for bids shall be treated in the same
manner as all other responses to the, invitaaions for'b.id:;. Compliance
with the .foregoing will be.deemed to'con stitute compliance by the
;;;era or with regiirements of 119 CFR 21 Appendix C(a)(1)(),.), Regulations
of Lhe Office.of the Secretary of Transportation.
15. It is understood and agreed by and between the parti.ea.hereto that Federal
participation in 'that portion of the development described on Page 1'l:ereof,
relating to airport lighting and the VASI-2s is prr'dicated upon the. sponsors
operating plan concerning the use.and operilion of 'such airport liGlitin.g and
VASI-2s dated. September. 8, 1976, which plan is incorporated herein and made
a part hereof.
16. Ivrsuant to Paragraph 27.• Part V of the Application for Federal Assistance
dated September• 13, 19763, the sponsor hereby covenants and agrees to fnrni.sh
Vie Federal Government i•:ithout cost, within J4 months after writtrn regaent
' tr.ere",,r., such estates or interests in such lands or rights in huildir_g, as
era deemed necesc-pry by FAA for the construction and'opor:).tion on the airport I":
of the structures or fr :ilities set forth below,' provid•-' the reapoc• '-.ve °
areas of land and;/or buildings deemed adequate by FAA for such purp.l'•s are
available w:ithoat the necessity for removing or relocating other facilities
and ar-1.1.r'th9n th:. g-nag:raphic 11oundaries of the airport at the time request
therHfor is akide by the PAA; t•ugether with rights of ready access in and to
such area,:.or buildings for construction, occup mcy and use and th; right
to connect to existing utilities and to be. furnished the utility services
required to.the extent,of available capacity at no more than prevailing
rates. The facilities or structures involved and the maximum arz. of land,
or rights in buildings, the sponsor is obligated to -furnish are as followa:
Air Traffic Control Tower - approximately 2 acres.
1
It is fv.rtl,... r undr:ratood and agreed that nothi.rir contai.nc:d herc::n sha7.1 in
any wny af£cot the rights of the lTni.Led'StaLl;cs 0r oblit_;tl:ions o£ ` LO sponsor
under ^.ior .Crant Agreements to furnish rent-free space for thu act.i'vl ties
s;ecifnd in such prior a;•:reements nor shall anything contained herein be
construed as obligating tha Federal Government to construct, occupy or '
operate a control tower or flight service station at the airport.
255
17. it in understood and a�eed by and betwoon the parties hereto that
the United States shall not participate nor be -obligated to par-i-
cipate hereunder in the following hid items as get forth in the
approved plena and specifications for this project:
ECIDMULP 11 - Bid Item No. P-620
SCUDITLF III - Bid Item 11o. P-625
SCURDITTE IT - Did Item No. L-140 .
It is i'urth:m understood and agreed by and between the parties hereto,
f'-at the United States shall not participate nor be obli&ntnd to
p,k_rticipate hereunder in 460 s.y. of apron conotruction associated
wi t.h the apron paving ad.iacent to the existing lr:utgar buildings.'
file Sponsor's :•!ceptattc(: of this Offer and ratification and adoption of the Projcct Application
io gnporated Ir -in shall be evinced, by exccntioi of this instrument by tyre Sponsor, as heroin-
W' r provided, ard.said Offer and Acceptance shall comprise a Grant Agreement, as provided by
U:�: Airport and Airw:ry.Devclopnrcnt Act of 1970, constituting the obliga+ions and rights of the '
United States and the Sponsor with respect to the accom??lisimcnt of the Project and the operation
ivml maintenance of the Airport. Such Grant Agreement shall becow-,- effective upun the Spunsur's
_X; -tanee of tl:Fi Offer and shall remain in full force and efl'ccl throul)tout the Useful Ufc of the
lies developed under the Project but in any event not to exceed twenty years frum the date
of ;.-:d acceptance.
UNITFI) STATES OF A�I1'iR[CA
IM FL'DERAL AVIATIO;: ADMINtYrRATION'
B).............. 1 (TITLE)
Pairt 11-Acceptance
City of Foit Collins, Colorado does hereby ratify and adopt all statements,
itt, sentatiens; warranties, covenants, and agreemenis contained in the Project Appli,anon and
ut,:urporated materials referredto in the foregoing Offer and does hereby accept said O7cr and
b.. such acceptance agrees to all of the terns and conditions thereof.
Executed this;;...: ................. day of .... $eptgnrirgx .................. 19.76...
City of Fort Collins; Colorado
(Name of/:Sponsor)
Co-
........................................
(SLAL) :
17tit . _.:.... VD
I•f. r
Attest :.................... .. ....
Title:.... City Clerk
256
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CERTIFICATE 01`�SPONSOR'S ATTORNEY
Cc:
I . .................................: . acting as Attorney for ...:P=.ty 01 Ibrt Collinar CO
(hcr� a referred to v% lb1V'Jponsur") do hereby certify:
Co- Co -
That I have examined the foregoing Grant Agreement and dcc Inocceding; Oken bj said
o- SI-onsor relating thcretu, and final that the Acceptance thereof by sai r Sponsor 1,;s hceo dilly rnrtii-
orized and that the execution •' ,euf is in all respects duc and proper and in accordance Willi tits
1 •s of the State of.. . . . Color:. and further that, in my opinion, said Grant
A; ..e:ntcnt constitutes a legal a.' binding obligation of the/Sponsor in accordance with the terms
- tCo
'
Dated at .rgrA .Qol7.xna, - Cv1Qrado. ...this......:... day of'... September ............ . 19..76.
Ti!Ic .....................................
1L :inns is acceptance of this Offer and ratificalion and arloption. of the. "roject Application
ii+.:Dear. dale'. herein shall be evideutccd by execution of this instromenl by the>pon%or, as hercin-
"cr provid! !d, and said Offer and Acccptarrce shall comprise a.Granl A"rtcutcnt, as provided by
0,c Airpo: and Airway Development Act of 1970, constituting tile. obligations and rights of the
United •s and tine Sponsor with respect to lie accomplishment of the Project and the operctiori
aid m;r ,nance of the Airport. Such Grant Agreement kliall become effective upon the Sponsor's
. acecota: c.; of this Offer and shall remain hi full force and effect throughout the ireful life of the_
facilitl.:3 .developed under. the Project but in any event not to exceed twenty years fronc the date
p` s:,.*J acceptance.
UNITED STATES OF AMCRICA
FIiUBRAL AVIATION AUA-11`dISFRATIOX'
By. .4Uaef,-J ngex'Airportn•Distriet.office
(TITLE)
Part 11-Acceptance
Tire City of Loveland, Colorado does hereby ratify and adopt all statements,
relse.^citations, warranties, covenants, and agreements contained in the project Application and
inc, )oratcd materials referred to in the-foregoing.Offcr and does hereby accept said Offer and
by ti•rch acceptance a,-j-c:cs to all of the terms and coyrditions thereof.
Lsc.wcd this...........:. .. Sep$emUcr ...........1 19 76
.........day of :.::...:............
City. of Lovo1mid, Colo.;
(...........
Nana_ or./Sponsor,,
Co-.
By....................... ...................
(S1:AL.j
"title... ... ..................
Attest: .................................... -
Ti 6 '.....'.... City Qlerlc.. .............
257
CERTIFICATh. OF/SPONSOlVS ATTORNEY
I . .............. ................. . acting as Attorney for. the. City, of _Loveland,• Colorado
(hcrcin wf, rred to as the/ Sponsor") do hereby certify:
Co-,. -Co-
l}iat I have examined the foregoing Gunt Agreement and the proceedings taken by slid
Co- c, wsor relating thereto, and find that the Acceptance thereof by saitySponsor has been ihdy auth-
o.i.: A and that the execution thereof is in all respects due and proper and in accordance with, the
"F [lie State uf.... Colovado................... I and further that, in my opinion, said Grant
A..i .,ent constitutes a Icgal and bitiuing obligation of the/Sponsor in accordance with the terms
t° etc Co- ..
Dated at L.veland, Colorado this..,........ day of. ..:Soptember 19.76,
Title............ .........................
ADOPM this 8 day of September 19761
for the City of Fort Collins, Colotado.
BY
258
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i�
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CERTIFICATE OF CITY CLERK
I, Z24'4� &/""� , the duly qualified and acting
City Clerk of the City of Fort Collins, Colorado, do hereby certify
that the foregoing Resolution was duly adopted at a (regular)
(special) meeting of the Fort Collins, Colorado, City Council held
on the day of September 1976, and that said
Resolution has been compared by me with.the original thereof on
file in my office and is a true copy of the whole of said original.
IN WITNESS WHEREOF, I have hereunto.set my hand and the seal of the
City of Fort Collins, Colorado, this �2 day of September
1976.
By
Title�4 �./ City Clerk
259
Councilman Bloom made a motion, seconded by Councilman Bowling
to adopt the resolution. Yeas: Councilmembers Bloom, Bowling,
Gray, Reeves, Russell and Wilkinson. Abstain: Councilman Suinn.
Councilman Suinn arrived during the discussion of this item.
Appointments to the Downtown Redevelopment
Task Force ADDroved
Mr. Ormand K. Sherwood presented Council the following list of
nominees to be appointed to the Downtown Redevelopment Task Force:
1. Mr. John L..Baskett, Executive Vice President, Reid Burton
Construction Company.
2, Mrs. Thomas W. Bennett, Chairwoman, Restoration Committee
for Avery House.
3. Mr. James A. Cox, Architect.
4. Mr. Howard Jones, Partner, Mesa, Inc. Investments.
5. Mr. Rudy F. Juvan, President, Downtown Merchants Association.
6. Mr. James H. Stewart, Professional Engineer.
Mr. Sherwood spoke briefly to the way the persons were chosen and '
their qualifications. Councilman Suinn inquired if Mr. Sherwood
would be willing to continue to serve with this group.
Councilwoman Reeves left the Council meeting during the discussion
of this item.
Councilman Bowling made a motion, seconded by Councilman Russell
that the list of nominees be approved and that the name of
Ormand K. Sherwood also be added to those being appointed to the
Downtown Redevelopment Task Force. Yeas: Councilmembers Bloom,
Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None.
Report from City Attorney
1. Mr. March advised the Council that at the previous Council
meeting the purchase of the property at 222 North Meldrum owned
by Donald Horak for a price of $23,000.00 was approved. Mr. March
stated this was an incorrect figure and he needed_ authorization to
complete the sale at a price of $23,_750.00; the reason being that
there was an error in the memo that went to Council at the last.
meeting and the final negotiations have ended up at $23,750.00.-The
ME
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conditions of the contract were reviewed. Councilman Russell
made a motion, seconded by Councilman Bowlin to approve the
purchase of 222 North Meldrum at a price of ,750.00. Yeas:
' Councilmembers Bloom, Bowling, Gray, Russell, Suinn and Wilkinson.
Nays: None.
2. City Attorney March stated there is to be a special meeting
of the Zoning Board of Appeals on a request for a variance at
1300 West Mountain Avenue. The Council has scheduled a hearing
on another variance appeal for this property and is anticipating
a consistent decision and also a consistent dislike for that
decision by the prospective owners of the property. We would like
to.schedule an appeal on the decision yet to be made by the Zoning
Board of Appeals for the same time that you've got the other appeal
already scheduled, which is that same Tuesday.
Mayor Wilkinson stated that he had a request to schedule this
item before the dinner break.
No report from the Acting City Manager.
Reports from Councilmembers
Councilman Bloom gave out a report on autos and trucks from the
City Manager.
Councilman Bowling stated the COG meeting of October 6, has been
re -scheduled to October 7.
The Platte River Power Authority public hearing on their proposed
expansion will be October 14 in Fort Collins at the Poudre R-1
Administration Building.
Mayor Wilkinson stated that the sister city request from Regina,
Canada was denied because Fort Collins has no interest in having
a second sister city.
The Colorado Municipal League has setup a new policy committee to
review legislation from the 1977 session of the State Legislature.
and Councilwoman Gray would be the nominee from Fort Collins.
The National League of Cities meeting in Colorado is scheduled
for November 28, 1976 in Denver.
The District II meeting of the Colorado Municipal League is to be
in;Greeley on October 22.
Councilman Bowling read the following statement:
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"Several council members have expressed concern about the 1977 budget
as proposed, because there does seem to be a basic philosophy
difference in methodology. On page 7 of the budget message from our
city manager dated September 3, 1976, Mr. Brunton states, "My philosoph
is that citizens should have the type and level of service that they
want and are willing to pay for. All projects currently under
construction are worthwhile, but they will cost more money. Therefore,
1977 should be a year of critical program evaluation, assessment, and
appraisal. Some definite action must be taken. The city will have
to either cut back services, eliminate services, _obtain new or
increased sources of revenue, or develop a viable combination of the
above three alternatives." He goes on to state that we should start
working,on the 1978 budget immediately, but after the 1977 budget
is adopted. This seems to be the major point of difference between
those of us who seem to be saying that the time to affect real change
is now.
We are concerned about where we are going and how we are going to get
there. Article II, Section 5 "Powers" page C15 of the Charter of
the City of Fort Collins says "All powers of the City and the
2'determination of all matters of policy shall be vested in the Council
except as otherwise provided by this charter." One readily sees
such terms used through this section as appoint, remove, create,
change, consolidate, abolish, adopt, authorize, inquire,_ investigate,
and provide. To us, these terms also apply to the budget process,
because the budget is the controlling document fo the operation of
this city.
Several council persons have expressed their concern about the general
direction::of financial responsibility in which this city is now
headed. The City Manager has expressed these same concerns as has
been quoted from his budget message. The fact of impending financial
problems in 1978 does not seem to be questioned. However, the timing
and, perhaps, method of budgeting do highlite the basic difference
of philosophy.
We hear some saying that the time to act is now. Others are saying
that we truly do have until 1977 to react. We do not feel that
positive action now is premature. On the contrary, we feel that
beginning the corrective action now in this budget.is not only
proper but imperative.
It has also been stated several times that the administration needs
and is seeking clear cut action and direction from this:.council.
It is this council that is charged with the decision.as;:to how
much government is needed and how much can be afforded;, and it is
this council that must decide in which areas these programs should
be directed. These are basic policy decisions, and it is time,
with advice that and guidance from administration, that this council
make these decisions and give the manager the direction that he is
seeking. . '
— 262-
This is what we are saying: This council should be making the
decisions now as to the level of activities financed in the 1977
' budget. If we agree or disagree withthe administration on -a
particular fund budget as to the number and type of programs
proposed to_be carried into 1977, then let us say so by vote so that
a clear cut understanding is at last achieved between council and
city management.
For these reasons we believe that the following resolution should
be adopted:
Be it resolved that the date of October 11, 1976 be set for council
decision concerning the fund or funding level of proposed city
programs in the General Fund, and all other funds or accounts where
questions may exist and...
that the city manager, after the council has acted concerning these
funds, be instructed to submit a corrected balanced fund budget
in every fund of the City of Fort Collins."
Councilman Bowling stressed that there is emphasis on a balanced
budget in all funds.
Councilwoman Gray asked for a clarification of balanced budget }to
which Mr. Bowling replied "income meets expenditures presents a
balanced budget."
Councilman Suinn stated he felt a balanced budget would include the '.
"uses of reserves and so the word 'balanced' means that the amount
of expenditures projected is balanced with the amount of income or
assets." Councilman Bowling again stressed that there should be a
balanced fund budget in every fund. y
City Attorney Art March stated that in his definition of balanced
fund budget this is impossible because some of the established
funds are not income generating funds, they depend upon an appropria-
tion from other places. If the appropriation to a non -generating
fund is considered income, then the two bottom lines must balance
for the balanced budget.
Councilman Bowling again stressed the funds: budgets must balance
in order to have a balanced budget.
City Attorney March then stated that for example the General Fund
Budget as presented does not present a balanced figure and according
to Mr. Bowling's interpretation the use of reserves to make 'up the
deficit is not permissable. However, the budget as presented is a
balanced budget in the terms as set out in Mr. Bowling's statement.
263
Councilman Suinn asked if the terminology could be changed to say
"ending fund balance." ,
Councilman Bloom suggested the wording be "to re -submit the budget
to the Council attempting to match income with expenditures in all
funds."
Councilman Suinn _asked for one more change: In so much as there are
several funds by title the last three words would suggest that each
fund has to balance within itself and his concern is that the budget
in total is what is balanced and if a specific fund should come up
with a deficit it could be handled by other generating funds. The
current: wording suggests that. this is not now allowable and if the
last three words would be struck and the statement read "to re-
submit the budget to the Council attempting to match income with
expenditures," would be more acceptable.
Councilman Bowling made the following motion: "Be it resolved that
the date of October 11, 1976, be set for Council decision concerning
the funding or funding level of proposed City programs in the
General Fund, and all other funds or accounts where questions may
exist and that the City Manager, after the Council has acted concerning
these funds, be instructed to submit a corrected balanced fund
budget in every fund of the City of Fort Collins."
Councilman Suinn asked if the motion could be amended and '
Councilman Bloom offered the following amendment to the motion:
"To re -submit the budget to the Council attempting to match income
with expenditures," replacing "to submit a corrected balanced fund
budget in every fund of the City of Fort Collins."
Councilman Bowling made the following motion: Be it resolved
that the date of October 11, 1976, be set for Council decision
concerning the funding or funding level of proposed city programs
in the General Fund and all other funds or accounts where questions
may exist and that the City Manager, after the Council has acted
concerning these funds be instructed to re -submit the budget to the
Council attempting to match income with expenditures. Councilman
Suinn seconded the motion. Yeas: Councilmembers Bloom, Bowling,
Gray, Russell, Suinn and Wilkinson. Nays: None.
Mayor Wilkinson invited Councilman Bowling to attend the Monday
morning 7:00 a.m. meeting with Bob Brunton, Peggy Reeves and
himself at which time the agenda for the next Council meeting will
be discussed as well as some budget items.
(Secretary's Note: Date referred to is Monday, October 4, 1976)
Councilman Suinn made a motion, seconded by Councilman.Bloom that
the meeting adjourn. Yeas: Councilmembers Bloom, -Bowling, Gray,
Russell, Suinn and Wilkinson. Nays: None- The.meeting adjourned '
at 2:40 p.m. - 264
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ATTEST:
Deput City Clerk
265
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