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HomeMy WebLinkAbout0482 ResolutionRESOLUTION NO. 482 WHEREAS, the City of Pasco has submitted to the Federal Aviation Agency a Project application dated February 10, 1961, for a grant of Federal funds .for extension of run- way at the Pasco Municipal Airport, and WHEREAS, the Federal Aviation Agency has approved a pro- ject for development of said airport consisting of the following described airport development: Extend runway 2L -20R (approximately 500' x 2001) including extension of runway lights and landing area stabilization, and WHEREAS, the Federal Aviation Agency has offered and agrees to pay 51.66 per centum of all allowable project costs, sub- ject to the terms and conditions set forth in "Part el: - Offer" of the Grant Agreement set forth below, and WHEREAS, the City Council of the City of Pasco deems it ad- visable to accept said offer, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO DO RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Pasco hereby specifically ratifies and adopts all statements, representa- tions, warranties, covenants and agreements in the Project Application dated February 10, 1961. Section 2. The City Council of the City of Pasco hereby ap- proves acceptance of the Grant Offer hereinafter set forth in full: "PART I — OFFER" Date of Offer April 21, 1961 Pasco Municipal Airport Project No. 9-45-060-6103 Contract No. FA4-1174 TO: The City of Pasco, Washington (herein referred to as the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Agency; herein referred to as the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated February 10, 1961, for a grant of Federal funds for a project for development of the Pasco Municipal Airport (herein called the "Airport6d), together with plans and specifications for such project, which Project Appli— cation, as approved by the FAA is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for development of the Airport (herein called the "Project") consisting of the following—described airport development: Extend runway 2L -20R (approximately 500' x 2001) including extension of runway lights and landing area stabilization. (The airport development to be accomplished, herein de— scribed, is in addition to that contemplated under the Grant Agreements between the Sponsor and the United States for Projects 9-45-060-5701 and —5902) all as more particularly described in the property map and plans and specifications incorporated in the said Project Application; NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Federal Airport Act, as amended (49 U.S.C. 1101), and in consideration of (a)- the Sponsor's adoption and ratification of the representations and assur— ances contained in said Project Application, and its ac— ceptance 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 the operation and maintenance of the Airport as herein provided, THE FEDERAL AVIATION AGENCY, 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, 51.66 per centum of said allowable project costs, subject to the following terms and conditions. This Offer is made on and subject to the following terms and conditions: 1. The maximum obligation of the United States payable under this Offer shall be $38,600.00 2. The Sponsor shall: (a) begin accomplishment of the Project within sixty days after acceptance of this Offer or such longer time as may be prescribed by the FAA, with failure to do so constituting just cause for termination of the obligations of the United States hereunder by the FAA; (b) carry out and complete the Project without undue delay and in accordance with the terms hereof, the Federal Airport Act, and Sections 550.7 and 550.8 of the Regulations of the Federal Aviation Agency (14 CFR 550) in effect as of the date of acceptance of this Offer; which Regulations are hereinafter referred to as the "Regulations". —2— 5. c (c) carry out and complete the Project in accord- ance with the plans and specifications and property map, incorporated herein, as they may be revised or modified with the approval of the FAA, or his duly authorized representative. 3. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under Section 550.4(a) of the Regulations. 4. Payment of the United States' share of the allowable project costs will be made pursuant to and in accord- ance with the provisions of Section 550.9 of the Regu- lations. Final determination as to the allowability of the costs of the project will be made at the time of the final grant payment pursuant to Section 550.9(d) of the Regulations: Provided, that, in the event a semi- final grant payment is made pursuant to Section 550.9(c) of the Regulations, final determination as to the allow- ability of those costs to which such semi-final payment relates will be made at the time of such semi-final payment. 5. The Sponsor shall operate and maintain the Airport as provided in the Project Application incorporated herein. 6. The FAA reserves the right to amend or withdraw this Offer at any time prior to its acceptance by the Sponsor. 7. This Offer shall expire and the United States shall not be obligated to pay any part of the costs of the Project unless this Offer has been accepted by the Sponsor on or before June 21, 1961 or such subsequent date as may be prescribed in writing by the FAA. 8. The Administrator having determined that no space in airport buildings will be required by any civil agency of the United States for the purposes set forth in Paragraph 9 of Part III of the Project Application, the provisions of said paragraph shall be deemed to be of no force or effect. 9. It is understood and agreed by and between the pasties hereto that the terms "Administrator of Civil Aeronautics", "Administrator".. "'Civil Aeronautics Administration", "'Department of Commerce", "CAA" or t°Section 303 of the Civil Aeronautics Act of 1938`° wherever they appear in this Agreement, in the Project Application, plans and specifi- cations or in any other documents constituting a part of this Agreement shall be deemed to mean the Federal Avia- tion Agency or the Administrator thereof or Section 308(a) of the Federal Aviation Act of 1958, as the case may be. The Sponsor'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 Sponsor, as hereinafter provided, and said Offer and Accept- ance shall comprise a Grant Agreement, as provided by the Federal Airport Act, constituting the obligations and rights of the United States and the Sponsor with respect to the ac- complishment of the Project and the operation and mainte- nance of the Airport. Such Grant Agreement shall become -3- IJ L� effective upon the Sponsor'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 years from the date of said acceptance. UNITED STATES OF AMERICA FEDERAL AVIATION AGENCY, Region 4 (LA) By /s/ A. E. Horning Chief, Facilities and Materiel Field Div. (TITLE)" Section 3. The Mayor of the City of Pasco is hereby authorized to execute "Part II — Acceptance" of the Grant Agreement on be— half of the City of Pasco; the City Clerk is hereby authorized to attest the instrument and affix the seal of the City of Pasco thereto; and the City Attorney is hereby authorized to sign the "Certificate. of Sponsor's Attorney". Section 4. The City Council of the City of Pasco by accepting said Grant Offer agrees to all the terms and conditions thereof. PASSED by the City Council and APPROVED by the Mayor this 2nd day of May, 1961. ATTEST: Adah M. Ferry, City Cier APPROV ,aD A7,,,0 ORM: Richard G. Patrick, City Attorney —4— Raymond -Hicks, Mayor