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HomeMy WebLinkAbout5289 ORDINANCE NO.5 2 8 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ACCEPT AN ALLOCATION OF GRANT FUNDS IN THE AMOUNT OF FORTY-ONE ONE THOUSAND FOUR HUNDRED ($41,400.00) DOLLARS FROM THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, DIVISION OF AVIATION, FOR IMPROVEMENTS AT THE AUBURN MUNICIPAL AIRPORT TO REMOVE TREE OBSTRUCTION IN THE WEST TRANSITION AND WEST SIDE SECURITY FENCING AREAS, TO EXECUTE THE AGREEMENTS ACCEPTING THE GRANT FUND ALLOCATION AND APPROVING THE EXPENDITURE AND APPROPRIATION OF THE ALLOCATED FUNDS. WHEREAS, the City Council of the City of Auburn must adopt and approve all appropriations by Ordinance pursuant to Chapter 35A.33 RCW; and WHEREAS, improvements to the Auburn Municipal Airport facilities to remove tree obstruction in the west transition and west side security fencing areas; and WHEREAS, the Federal Aviation Administration has encouraged the Airport to complete the tree removal projects; and WHEREAS, the City applied for grant funding from the Washington State Department of Transportation, Division of Aviation, to be used for completion of the tree removal projects; and WHEREAS, the Washington State Department of Transportation (WSDOT), Division of Aviation, has approved an allocation of grant funds to the ---------------;..------- Ordinance 5289 September 27,1999 Page 1 City of Auburn in the amount of $41,400.00 to be used to complete the tree . removal projects at the airport; and WHEREAS, WSDOT has submitted for execution by the City agreements for Airport Aid Approval to the Auburn Municipal Airport and the Washington State Department of Transportation Grant Agreement, Washington Airport Aid Program, which are attached hereto as Exhibit "A" and Exhibit "B, respectively, and are incorporated herein by this reference; NOW, THEREFORE; THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Purpose. The Auburn City Council accepts the Washington State Department Of Transportation, Department of Aviation, allocation of grant funds in the amount of $41,400.00 for tree obstruction removal in west transition and west side security fencing areas of the Auburn Municipal Airport and approves for execution the agreement for Airport Aid Approval for the Auburn Municipal Airport which is attached hereto as Exhibit "A" and incorporated herein by this reference and the Washington State Department of Transportation Grant Agreement, Washington Airport Aid Program, which is attached hereto as Exhibit "B" and incorporated herein by this reference and authorizes the expenditure and appropriation of said grant funds. ----------------------- . Ordinance 5289 September 27, 1999 Page 2 Section 2. Constitutionality or Invalidity. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance, as it being hereby expressly declared that this Ordinance and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, adopted and approved and ratified irrespective of the fact that anyone or more section, subsection, sentence, clause or phrase be declared invalid or unconstitutional. Section 3. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 4. Effective Date. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. ----------------------- Ordinance 5289 September 27, 1999 Page 3 ATTEST: ~~ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: ~~h Michael J. Reynolds, City Attorney Published: /O~ ý";-<}' 9 ----------------------- Ordinance 5289 September 27, 1999 Page 4 INTRODUCED: October 4, 1999 PASSED: October 4, 1999 APPROVED: October 4, 1999 ~~A. iß~ CHARLES A. BOO MAYOR ----- ~ w Washington State Department of Transportation Sid Morrison Secretary of Transportation Aviation Division King County Int'I Airport / Boeing Field 8900 East Marginal Way South Seattle, WA 98108-4024 (206) 764-4131/1-800-552-0666 Fax (206) 764-4001 . August 3 1, 19~9 Mr. John Anderson City of Auburn 400 23rd Street NE Auburn W A 98002 Re: Airport Aid Approval Auburn Municipal / $41,400.00 Dear Mr. Anderson: This letter will serve as official notification that the Washington State Department of Transportation, Aviation Division, has allocated $41,400.00 to the city of Auburn for the Auburn Municipal Airport. These funds are to be used for tree obstruction removal in west transition and west side security fencing. If you accept this allocation you may be required to supply this office with periodic copies of billings and costs for this project. Failure to supply these copies will slow down and possibly jeopardize your allocation. Your records on this project must be available for review at any time during the project for future audit purposes. Also, you are required to post a 4' x 8' sign stating "this project is sponsored by local government and the Washington State Department of Transportation, Aviation Division. Funds for this project are generated through a tax on general aviation fuel and are returned to general aviation by way of the airport aid program." The Secretary of Transportation, Washington State, may terminate this agreement at any time because of legal matters detrimental to the state or the local government, because of insufficient funds held by the Aviation Division to complete the project, or by mutual consent between the local government and the Aviation Division of the Department of Transportation. The Department of Transportation, Aviation Division, will be held responsible for the state's cost share of the project at the time of any such termination. The airports must remain open for the expected life of the project, and exclusive use policies will not be tolerated. Exhiliït "A" - John Anderson City of Auburn August 3 1, 1999 Page 2 Please execute the original copy of this letter on the line provided, complete the enclosed Grant Agreement (three copies) and return all documents to my office, if it is your desire to accept this allocation subject to the conditions stated. (The extra copy of the letter is for your files.) We will review, sign and return a copy of the Grant Agreement to you. Upon receipt of the signed Grant Agreement, you may begin construction. If this offer has not been accepted by the city of Auburn on or before September 30, 1999, the offer will expire and the state of Washington will not be obligated to pay any part of the costs of this project. Sincerely, BITL BRUBAKER Director, Aviation Division \A,~ MQ\VL()sA'tS M. J. McIVER Aeronautics Program Manager MJM:as(Daven) End: Copy of Approval Letter Three Grant Agreements cc: Governor Gary Locke Senator Pam Roach Representative Christopher Hurst Representative Michael Stensen FAA, Airports Division T=f4~U::: hereë ~:hp~jii'ocation DATE SIGNATURE FEDERAL TAX ID # 91-6001228 - y. Washington State Department of Transportation Public Entity and Address . Grant Agreement Washington Airport Aid Program Airport Name Auburn Municipal Airport Maximum State Grant Obligation $ 41,400 CITY OF AUBURN 25 WEST f.1AIN AUBURN WA 98001 í\\~ŒŒŒ~\11~ 1,BV..::::-- -== .1/"171 THIS AGREEMENT, made and entered into this ...,... day of OF WASHINGTON, acting by and through the Aviation Division, Department 0 above named Public Entity, (hereinafter the "PUBLIC ENTITY"). , 1111 ,between the STATE ansportation, (hereinafter the ·ST A TEn) and the WHEREAS, the Public Entity has submitted to the State for Subvention of the Washington Airport Aid Program for (acqüisition and/or development) of the Auburn M1.IDicipa1 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 flt/ð 0/- f1 1. Tree removal west of runway penetrating 2. Nest boundary security fencing Detailed Breakdown By Items the 7.1 far part 77 transition zone 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 ofthe representations and assurances contained in said project application, and its acceptance ofthis 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 $41,400.00 The Public Entity shall: 1. Deposit in an Aviation Fund for said airport, at least $ 4 ,600.00 project. to match the State's participation in said 2. 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. 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. DOT Form 900-078 EF Revised 5198 Page 1 of 3 Exhibit "B", Ordinance 5289 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 un~er 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, as determined by the Aviation Division. 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, 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 are prescribed in writing by the State, in the approval letter for each project. Except for those projects receiving both state and federal aid, the following inspection scheduled, and reporting system will be required: A. 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. 4. State will arrange for audit of account in accordance with regularly scheduled audit program. B. 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. 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. Page 2 of 3 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 comp~e 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 <ffective 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. By: .0dü~~d-- Dìr or, Aviation Division 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 4th day of October 1999 ::meQ;:: Q 8Zle~ ~ AUBm nJNICIPAL AIRroRr Title: Mayor to Form: DOT Form 900-078 EF Revised 5/98 Page 3 of3