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HomeMy WebLinkAbout5494 ORDINANCE NO.5 4 9 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, AUTHORIZING THE MAYOR TO ACCEPT A GRANT FROM THE STATE OF WASHINGTON, DEPARTMENT OF TRANSPORTATION, DIVISION OF AVIATION GRANT FUNDS IN THE AMOUNT OF THIRTY SIX THOUSAND DOLLARS ($36,400) TO PAY FOR 90% OF THE COST IN PURCHASING A "SUPERUNICOM" TO BE INSTALLED AT AUBURN MUNICIPAL AIRPORT. WHEREAS, the Auburn City Council of the City of Auburn must adopt and a approve all appropriations by Ordinance pursuant to Chapter 35A.33 RCW; and WHEREAS, Safety is the main consideration in operating the Auburn Municipal Airport; and WHEREAS, the Auburn Municipal Airport has one of the busiest general aviation air traffic patterns in the State; and WHEREAS, in the interest of safety for the people of City of Auburn and general aviation It is very important that pilots using the Airport receive all the information available that will aid in their safe operations; and WHEREAS, A superunicom will disseminate such information; and WHEREAS, The Washington Department Of Transportation, Division of Aviation is offering Auburn Municipal Airport a grant in the amount of $36,400 to --------------------- Ordinance No. 5494 December 12, 2000 Page 1 pay for 90% of the cost of purchasing a superunicom for Auburn Municipal Airport. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: Section 1. Purpose. Pursuant to Chapter 35A.33 RCW the City Council hereby approves the expenditure and appropriation of WASHINGTON DEPARTMENT OF TRANSPORTATION, DEPARTMENT OF AVIATION grant funds in the amount of THIRTY SIX THOUSAND FOUR HUNDRED and 00/100 DOLLARS ($36,400.00), and authorizes the execution A Grant Agreement between the State of Washington Department of Transportation, Department of Aviation and the City of Auburn. A copy of said Contract for the purpose of paying 90% of the cost of purchasing a superunicom to be installed at Auburn Municipal Airport is attached hereto as Exhibit "A" and is incorporated herein and the letter of notification as set forth in Exhibit "B" hereto and incorporated herein. Section 2. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. --------------------- Ordinance No. 5494 December 12,2000 Page 2 Section 3. Constitutionalitv Or Invaliditv: If any section, subsection, clause, phrase, or sentence, of this Ordinance, is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality of the remaining portions of this ordinance, as it is being hereby expressly declared that this ordinance and each section, subsection, clause, phrase, or sentence, hereof would have been prepared, proposed, adopted, and approved and ratified irrespective of the fact that anyone or more section, subsection, clause, phrase, or sentence, be declared invalid or unconstitutional. 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. INTRODUCED: December 18, 2000 PASSED: December 18, 2000 APPROVED: December 18, 2000 ~~~ CHARLES A. BOOTH MAYOR --------------------- Ordinance No. 5494 December 12,2000 Page 3 ATTEST: ~t1J~ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: "~WQ~\ Michael J. Reynolds, City Attorney PUBLISHED: /J..)x '-1/ Lc: C I --------------------- Ordinance No. 5494 December 12, 2000 Page 4 ~ ili Washington State Department of Transportation Public Entity and Address Grant Agreement Washington Airport Aid Program City of Auburn Auburn Municipal Airport 25 West Main Street Auburn, Wa. 98001 Airport Name $ )6,40.0.0.0 THIS AGREEMENT, made and entered into this 19th day of Dp.~Amhp.r ,20.0.0, between the STATE OF WASHINGTON, acting by and through the Aviation Division, Department of Transportation, (hereinafter the ·ST ATE·) and the above named Public Entity, (hereinafter the "PUBLIC ENTITY"). 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 Mun i ~ i p~ 1 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 1. Purchase of Superunicom 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 projett. The terms and conditions of this grant agreement are as follows: The maximum obligation of the State payable under this grant shall be $16.400.00 The Public Entity shall: 1. Deposit in an Aviation Fund for said airport, at least $ 1.00.0.0.0 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 Resolution 3307 Exhibit A Page 1 of3 1 ~ 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 retum 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 E,ntity. 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 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 the date of acceptance. By: Director. 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 19th day of December ,2000 By: ~A City f ßo:\t of Auburn - Auburn Municipal Airport Name of Public Entity: r.h~rlp.~ A. Booth Title: ' Mayor Approved as to Forma ~M Michael J. Reynolds City Attorney DOT Form 900-078 EF Revised 5198 Page 3 of 3 , '\ ili 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 November 29, 2000 (206) 764-4131 / 1-800-552-0666 Fax (206) 764-4001 Mr. John Anderson Auburn Municipal Airport 400 23rd St NE Auburn W A 98002 Re: Airport Aid Approval Auburn Municipal Airport / $36,400.00 Dear Mr. Anderson: This letter will serve as official notification that the Washington State Department of Transportation, Aviation Division, has allocated $36,400.00 to the city of Auburn. These funds are to be used for the purchase and installation of a superunicom. 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 airport must remain open fodhe expected life of the project, and exclusive use policies will not be tolerated. Resolution 3307 Exhibit B Page 1 ~ . Mr. John Anderson Auburn Municipal Airport November 29,2000 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, ifit 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 City of Auburn on or before January 2, 2001, the offer will expire and the state of Washington will not be obligated to pay any part of the costs of this project. s;;(~,~ M. 1. McIVER Aeronautics Program Manager MJM:km<aubuml) Encl: Copy of Approval Letter Three Grant Agreements cc: Governor Gary Locke Senator Pam Roach Representative Michael Stensen Representative Christopher Hurst FAA, Airports Division City of Auburn hereby accepts the above described allocation. 17- ~~O - ()Ò· DATE ~~,Qe~ SIGNATURE Charles A. Booth, Mayor FEDERAL TAX ID # 9/- It; 00 / ;)..;t F Michael J. Reynol , City Attorney Resolution 3307 Exhibit B p;:¡(JP ?