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OtilGINAI
OI~D~NAN(~E NO, 4 ? 4 ·
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, APPROVING STATE GRANT FUNDS AS PROVIDED IN
AGREEMENT BETWEEN THE CITY AND THE WASHINGTON STATE DEPARTMENT
OF TRANSPORTATION, AERONAUTICS DIVISION, FOR THE PURCHASE AND
INSTALLATION OF A PAN AM WEATHER SYSTEM TO BE LOCATED AT THE
AUBURN MUNICIPAL AIRPORT.
WHEREAS, the City Council of the City of Auburn must
adopt and approve all appropriations by Ordinance pursuant to
Chapter 35A.33 RCW; and
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section ~. Pursuant to Chapter 35A.33 ~!CW, the City
Council hereby approves the expenditure and appropriation of
State Grant Funds in the amount of $10,600.00 with local
matching funds of $1,430.00 in form of space, equipment and
time for the installation of a Pan Am Weather System at the
Auburn Municipal Airport and hereby authorizes 'the Mayor and
City Clerk to execute a Grant Agreement between the city and
the Washington State Department of Transportation, Aeronautics
Division, approving said
attached hereto as Exhibit
reference.
Section 2. The Mayor
such administrative procedures as may
out the directions of this legislation.
Agreement, a copy of which is
"A" and is incorporated herein by
is hereby authorized to implement
be necessary to carry
Ordinance No. 4748
May 30, 1995
Page 1
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Seotion $, This Ordinance shall take effect and be in
force five (5) days from and after its passage, approval and
publication, as provided by law.
INTRODUCED:
PASSED:
APPROVED:
CHARLES A. BOOTH
MAYOR
ATTEST:
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
City Attorney
Ordinance No. 4748
Page 2
Washington State JUL 2
Department of Transportation
Aerdnautics Division CITY O~
!TY OFFICE
GRANT AGREEMENT
To:
City of Auburn
(Herein referred to as the 'Public Entity")
From:
The State of Washington, acting through the Aeronautics Division, Department of
Transportation, (Herein referred to as the 'State')
WHEREAS, the Public Entity has submitted to the State for Subvention of the Washington Airport Aid Program for
(acquisition and/or development) of the Auburn Hu~ic:Lpa]. _ Airport together
with the plans and specifications for such project, which project application has been approved
by the State and is hereby incorporated herein and made a part hereof;
WHEREAS, the State has approved a project for development of the airport consisting of the following described
airport development:
DETAILED BREAKDOWN BY ITEMR
Pan Am Weather System
NOW, THEREFORE, pursuant to and for the purpose of carrying out the provisions ~f the State Act and in
consideration of the (a) Public Entity's adoption and ratification of the representations and assurances contained
in said project application, and its acceptance of this offer as hereinafter provided, and (b) the benefits to accrue
to the State of Washington and the public from the accomplishment of the project and the operation and
maintenance of the airport as herein provided, the State hereby agrees to pay as its allowable costs incurred in
accomplishing the project.
The terms and conditions of this grant agreement are as follows:
The maximum obligation of the State payable under this grant shall be $1 n__ Rrm, flCt
The Public Entity shall:
Deposit in an Aviation Fund for said airport, at least
participation in said project.
to match the State's
Carry out and complete the project in accordance with the plans and specifications and property
map, incorporated herein, as they may be revised or modified with the approval of the state.
In connection with the acquisition of real property for the project, the Public Entily shall secure at
least two written appraisals by competent, experienced appraisers who are members of a
recognized professional appraisal organization and shall not pay in excess of the highest
appraisal without the written consent of the state except as otherwise directed by a court of
competent jurisdiction after contested trial and judgment not resulting from an agreement
between the parties.
DOT Fo..~o-o?.
~,~..~,~3 Ordina~¢e ~o. 4748
Exhibit A
No state funds will be paid to the Public Entity in any case until it certifies in writing that it has
Aviation Funds for said airport in an amount equal to the state's participation, or the amount
designated in paragraph (1) above, which deposited amount will be used solely for the purpose
in question.
The Public Entity agrees to hold said airport open to the flying public during the useful life of the
facilities developed under this project; that no exclusive operating or use agreements shall be
granted to any person, company, or corporation; that failure to abide by such agreement shall
automatically obligate the immediate and full return of all State of Washington money expended in
behalf of the project to the State of Washington with reasonable interest. Further, the Public Entity
agrees to keep the facility open during the useful life of the project or for a stated term of years,
whichever is longer.
The Public Entity will make no charge to the State or its agencies for a limited, but reasonable, amount
of state agency use or for state activity in search and rescue. And, further, RCW 47.68 is followed
to best serve the public.
The allowable cost of the project shall not include any cost determined by the State to be ineligible for
consideration as to allowability.
The State reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Public
Entity.
This offer shall expire and the State shall not be obligated to pay any part of the costs of the project unless this
agreement has been accepted by the Public Entity on such subsequent date as may be prescribed in writing by
the State.
Except for those projects receiving both state and federal aid, the following inspection scheduled, and reporting
system will be required:
Inspection Schedule and Reporting system will vary for each project. Basically, the inspection
schedule will be placed on a quarterly basis. On project taking less than three (3) months, the
Public Entity will be required to make reports and be inspected on the following schedule:
1. Public Entity project commencement date.
2. Public Entity report project completion date and request final inspection.
3. State will make final inspection and sign-off project as completed.
State will arrange for audit of account in accordance with regularly scheduled audit
program.
Projects taking over three (3) months will be set up on a quarterly inspection and progress report
system. The Public Entity will be required to make reports and be inspected on the following
schedule:
1. Report project commencement date.
Public Entity will make a three (3) months progress report. This will be a letter report
giving percentage of project completed, fund expenditures to date, and short narrative
of the project progress, problems encountered and plans for project completion.
3. State will make quarterly project inspections and prepare the report of inspection. A
· copy of the report will be delivered to the Public Entity.
4. Public Entity will make report of completion of project and request final~ inspection.
5. State will make final inspection and sign-off as completed.
State will arrange for audit of account in accordance with regularly scheduled audit
program.
It should be made clear that a violation of any of the terms of the Grant Agreement will leave the State free to
choose among one or more of the following remedies:
A. The withholding of any future airport aid, and/or
B. The return of grant funds awarded as an action for specific performance, and/or
C. Enforcement of the commitment made by the applicant.
The Public Entity's acceptance of this offer and ratification and adoption of the project application incorporated herein
shall be evidenced by execution of this instrument by the Public Entity, as hereafter provided, and said offer and
acceptance shall compdse allocation agreement, constituting the obligation and rights of the State and the Public
Entity with respect to the accomplishment of the project and the operation and maintenance of the airport. Such
allocation agreement shall become effective upon the Public Entity's acceptance of this offer and shall remain in full
force and effect throughout the useful life of the facilities developed under the project but in any event not to exceed
twenty (20) years from the date of acceptance.
Assistant Secrelary for Aeronautics
The City of Auburn does hereby ratify and adopt all statements, representations,
warranties, covenants, and agreements contained in the project application and incorporated materials referred
to in the foregoing offer and does hereby accept said offer and by such acceptance agrees to all of the terms
and conditions thereof.
Executed this _ ~:~'. ~'~ dayof
Name~p~ P~ublic Entity: City of Aubur~
,T,,e
C~LES A. BOOTH
ATTEST:
Rdbin Wohlhueter,
City Clerk
Ffichaei J. ~Reynolds,
City Attorney
DOT ~m ~oo~?a