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ORDINANCE NO. 4 3 6 2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, APPROVING AN APPROPRIATION OF GRANT FUNDS IN THE
AMOUNT OF FIVE HUNDRED THIRTY-THREE THOUSAND THREE HUNDRED
SEVENTY-TWO DOLLARS, ($533,372), AND AUTHORIZING THE MAYOR
TO ACCEPT THE GRANT FROM THE FEDERAL AVIATION ADMINISTRATION
FOR IMPROVEMENTS TO THE AUBURN MUNICIPAL AIRPORT.
WHEREAS, the Auburn City Council of the City of Auburn
must adopt and approve all appropriations by Ordinance
pursuant to Chapter 35A.33 RCW;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Pursuant to Chapter 35A.33 RCW the City
hereby approves the expenditure and appropriation of a total
of FIVE HUNDRED.THIRTY-THREE THOUSAND THREE HUNDRED SEVENTY-
TWO DOLLARS ($533,372), which constitutes a Grant pursuant
to the Agreement between the City of Auburn and the Federal
Aviation Administration..
Section 2. The Mayor and City Clerk of the City of
Auburn are authorized to execute the Agreement which will
provide grant funding to the City of Auburn for use by the
City for improvements to the Auburn Municipal Airport. A
copy of said Agreement is attached hereto and designated
Exhibit A and is incorporated by reference in this
Ordinance.
-------------------
Ordinance No. 4362
Page 1
August 2, 1989
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Section 3. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directives of this legislation.
Section 4. 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: ru /
A,-71 �
ATTEST:
Robin Wohlhueter, City Clerk
APPROVED AS TO FORM:
rite Schellentrager, City Attorney
Published: U_�-3-1��
-------------------
Ordinance No. 4362
Page 2
August 2, 1989
1z Alts)
Page 1 of 4 pages
1
U.S. Department of Transportation
Federal Aviation Administration
Grant Agreement
Part 1 - Offer
Date of Offer: August 2, 1989
Auburn Municipal Airport
Auburn, Washington
Project Number: 3-53-0003-05
Contract Number: DOT-FA89NM-00143
To: City of Auburn, Washington (herein called the "Sponsor")
From: The United States of America (acting through the Federal Aviation
Administration, herein called the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application dated
July 27, 1989, for a, grant of Federal funds for a project at or associated
with the Auburn Municipal Airport which Project Application, as approved by
the FAA, is hereby incorporated herein and made a part hereof; and
WHEREAS, the FAA has approved a project for the Airport (herein called the
"Project")'.consisting of the following:
Improve East Parallel Taxiway safety area; Reconstruct apron;
Slurry seal taxiways; Construct access road;
all as more particularly described in the Project Application.
FAA Form 5100-37 PG 1 (1-88
i
Page 2 of 4 pages
f NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions
of the Airport and Airway Improvement Act of 1982, as amended by the Airport
and Airway Safety and Capacity Expansion Act of 1987, herein called the
"Act," and/or the Aviation Safety and Noise Abatement Act of 1979, and in
consideration of (a) the Sponsor'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 United States and the public from the accomplishment of the
Project and compliance with the assurances and conditions as herein provided,
THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES,
HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable
costs incurred in accomplishing the Project, ninety (90) percentum of all
allowable Project costs.
This Offer is made on and subject to the following terms and conditions:
Conditions
1. The maximum obligation of the United States payable under this
offer shall be $533 ,372.00. For the purposes of any future
grant amendments which may increase the foregoing maximum
obligation of the United States under the provisions of Section
512(b) of the Act, the following amounts are being specified
for this purpose:
$ 0.00 for planning
$533,372.00 for airport development or
noise program implementation -
2. The allowable costs of the project shall not include any costs
determined by the FAA to be ineligible for consideration as to
allowability under the Act.
3. Payment of the United States share of the allowable project
costs will be made pursuant to and in accordance with the
provisions of such regulations and procedures as the Secretary
shall prescribe. Final determination of the United States share
will be based upon the final audit of the total amount of
allowable project costs and settlement will be made for any
upward or downward adjustments to the Federal share of costs.
4. The sponsor shall carry out and complete the Project without
undue delays and in accordance with the terms hereof, and such
regulations and procedures as the Secretary shall prescribe,
and agrees to comply with the assurances which were made part
of the project application.
5. The FAA reserves the right to amend or withdraw this offer at
any time prior to its acceptance by the sponsor.
FAA Form 5100-37 PG 2 (1-88)
Page 3 of 4 pages
6. This offer shall expire and the United
4 -obligated to pay any part of the costs
this offer has been accepted by- the
August 30, 1989, or such subsequent dat
in writing by the FAA.
e
States shall not be
of the project unless
sponsor on or before
as may be prescribed
7. The sponsor shall take all steps, including litigation if
necessary, to recover Federal funds spent fraudulently,
wastefully, or in violation of Federal antitrust statutes, or
misused in any other manner in any project upon which Federal
funds have been expended. For the purposes of this grant
agreement the term "Federal funds" means funds however used or
disbursed by the sponsor that were originally paid pursuant to
this or any other Federal grant .agreement. It shall obtain the
approval of the Secretary as to any determination of the amount
of the Federal share of such funds. It shall return the
recovered Federal share, including funds recovered by
settlement, order or judgment, to the Secretary. It shall
furnish to the Secretary upon request, all documents and
records pertaining to the determination of the amount of the
Federal share or to any settlement, litigation, negotiation, or
other efforts taken to recover such funds. All settlements .or
other final positions of the sponsor, in court or otherwise,
involving the recovery of such Federal share shall be approved
in advance by the Secretary.
8. The United States shall not be responsible or liable for damage
to property or injury to persons which may arise from, or be
incident to, compliance with this grant agreement.
Special Conditions
9. It is understood and agreed by and between the parties hereto
that the Standard DOT Title VI Assurances executed by the
Sponsor on July 27, 1989, are hereby incorporated herein and
made a part hereof by reference.
10. The Sponsor shall provide for audit of the Project to be made
in accordance with the Office of Management and Budget Circular
A-128.
FAA Form 5100-37 PG 3 (1-88)
i
Page 4 of 4 pages
The- -Sponsor's acceptance of this Offer and ratification and adoption,�,-oP t e
Project Application incorporated herein shall be evidenced by execution of
this instrument by the Sponsor, as hereinafter provided, and this Offer and i
acceptance shall comprise a Grant Agreement, as provided by the Act,
constituting the contractual obligations and rights of the United States and
the Sponsor with respect to the accomplishment of the Project and compliance
with the assurances and conditions as provided herein. Such Grant Agreement
shall become effective upon the Sponsor's acceptance of this Offer.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
4
J. Wade Bryant, Acting Man r,
Seattle Airports District Office
Part II - Acceptance
The Sponsor does hereby ratify and adopt all assurances, statements,
representations, warranties, covenants, and agreements contained in the
Project Application and incorporated materials referred to in the foregoing
Offer and does hereby accept this Offer and by such acceptance agrees to
comply with all of the terms and conditions in this Offer and in the Project
Application.
Executed this 9�v day of , 19
CitZurn shi gton
(SEAL) By.., .. .............
Sponsors Designated Official
Representative
Title: ... .....................
Attest: UYY.:.............Tit1e: ........
CERTIFICATE OF SPONSOR'S ATTORNEY
I, , acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the
foregoing Grant Agreement under the laws of the State of Washington.
Further, I have examined the foregoing Grant Agreement and the actions taken
by said Sponsor relating thereto, and find that the acceptance thereof by
said Sponsor and Sponsors official representative has been duly authorized
and that the execution thereof is in all respects due and proper and in
accordance with the laws of the said State and the Act. In addition, for
grants involving projects to be carried out on property not owned by the
Sponsor, there are no legal impediments that will prevent full performance by
the Sponsor. Further, it is my opinion that the said Grant Agreement
constitutes a legal and binding obligation of the Sponsor in accordance with
the terms thereof.
Dated at &&m4J this qzkAay of 19 D
Signature of Sponsor's Attorney
FAA Pnrm RInn_17 Pa h (1_RR)
STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
I, Robin Wohlhueter, the duly appointed, qualified City
Clerk of the City of Auburn, a Municipal Corporation and
Code City, situate in the County of King, State of
Washington, do hereby certify that the foregoing is a full,
true and correct copy of Ordinance No. 4362 of the
ordinances, of the City of Auburn, entitled "AN ORDINANCE."
I certify that said Ordinance No. 4362 was duly passed
by the Council and approved by the Mayor of the said City of
Auburn,,on the the 7TH day of AUGUST A.D., 1989.
I further certify that said Ordinance No. 4362 was
published as provided by law in the Valley Daily News',,a
daily riewspap,er.publ"fished in`.the City -of -Auburn, and.of
general circulation therein, on the,13,TH,day of AUGUST,
A.D., 1989.
Witness my hand and the -.official seal of the City of
Auburn this August 17, 1989, A.D.
Robin Wohlhueter
City Clerk
City of Auburn
25 West Main, Auburn, WA 98001-4998 (206) 931-3000