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ORDINANCE NO. 4 3 7 0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, APPROVING AN APPROPRIATION OF GRANT FUNDS IN THE
AMOUNT OF THIRTY-FIVE THOUSAND AND 00/100 DOLLARS,
($35,000), AND AUTHORIZING THE MAYOR TO ACCEPT THE GRANT
FROM THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION,
DIVISION OF AERONAUTICS, 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; and
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
amount of THIRTY-FIVE THOUSAND DOLLARS ($35,000), which
constitutes a Grant pursuant to the Agreement between the
City of Auburn and the Washington State Department of
Transportation, Division of Aeronautics.
Section 2. The Mayor and City Clerk of the City of
Auburn are authorized to execute an approval letter and
Grant 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 approval letter and
Grant Agreement is attached hereto and designated Exhibit A
and is incorporated by reference in this Ordinance.
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Ordinance No. 4370
Publication
Page 1
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Section 3. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions 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: 9�✓ U
PASSED:
APPROVED:
MAYOR
ATTEST:
Robin Wohlhueter, City Clerk
APPROVED AS TO FORM:
Marguerite Schellentrager,
City Attorney
Published:
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Ordinance No. 4370
Publication
Page 2
® Washington State Department of Transportation
Aeronautics Division
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 Municipal
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:
PROJECT NUMBER DETAILED BREAKDOWN BY ITEMS
Paving, slurry seal, runway widening
tiedown apron, and fencing
NOW, THEREFORE, pursuant to and for the purpose of carrying out the provisions of 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
$35,000.00
The Public Entity shall:
1. Deposit in an Aviation Fund for said airport, at least $ -15-000
to
match the State's participation in said project. It covenants in any case to
complete the project by December 31 1989
2. Carry out and complete the project in accordance with the plans and "
specification and property map, incorporated herein, as they may be revised or
modified with the approval of the state.
3. In connection with the acquisition of real property for the project, the Public
Entity 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.
4. 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.
5. 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 shorter.
6. 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, RCVS' 47.68 is followed to best serve the public.
The allowable costs of the project shall not include any costs 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 riot
acceptance by the Public Entity. p to its
This" offer shall expire and the State shall not be obligated to a an
the project unless this agreement has been accepted b pay Y Part of the costs h
subsequent date as may be prescribed in writing by the State.
y the Public Entity on such
Except for those projects receiving both state and federal aid, the followinginspection
scheduled, and reporting system will be required:
A. Inspection Schedule and Reporting System will vary, for each ro"
the inspection schedule will be placed on a quarterly basis- p lect. Basically,
less than three (3) months, the Public Entiy will be requir dnto taking
and be inspected on the following schedule.
is
1• Public Entity project commencement date.
2. Public Entity report project completion date and request final ins ectio
3. State will make final inspection and sign -off project as completed. n•
4• State will arrange for audit of account in accordance with
regularly
scheduled audit program.
13. Prbjects •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.
2. 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.
6. 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 comprise
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 t date of acceptance.
r
B y; 4 am
Assistant Secretary ford 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
Name of Public ity: C F AUBURN
By: /
ATTEST: lj{�aL' �/ L�^✓��
Robin Wohlhueter, City C e
Title MAYOR
APPROVED AS TO
schelI ;
leptrager ����1���Q��JJ
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. 4370 of the
ordinances of the City of Auburn, entitled "AN ORDINANCE."
I certify that said Ordinance No. 4370 was duly passed
by the Council and approved by the Mayor of the said City of
Auburn, on the the 5TH day of SEPTEMBER A.D., 1989.
I further certify that said Ordinance No. 4370 was
published as provided by law in the Valley Daily News, a
daily newspaper published in the City of Auburn, and of
general circulation therein, on the 10TH day of SEPTEMBER,
A.D., 1989.
Witness my hand and the official seal of the City of
Auburn this February 9, 1990, A.D.
obin Wohlhueter
City Clerk
City of Auburn
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