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Home My WebLink AboutR-2008-084 Yakima Air Terminal Entitlement SwapCITY OF YAKIMA RESOLUTION RESOLUTION Resolution # R-2008-84 YAKIMA COUNTY Resolution # 263-2008 A JOINT RESOLUTION OF THE CITY OF YAKIMA AND YAKIMA COUNTY authorizing the execution of and ratifying the signature of Buck Taylor, Airport Manager, on an Agreement for Transfer of Entitlement Funds from the Yakima Air Terminal — McAllister Field, an agency of the City of Yakima and Yakima County, to the Port of Pasco, Tri Cities Airport in accordance with Section 47117(c)(2) of Title 49 U.S.C., and as authorized by and Federal Aviation Administration. WHEREAS, the City of Yakima ("City") and Yakima County ("County") are co-owners of the Yakima Air Terminal; and WHEREAS, the Yakima Air Terminal Board has carried over one million dollars ($1,000,000.00) of its Federal Fiscal Year (FFY) 2005 Federal Aviation Administration Entitlement Funds which are intended to be utilized on the Runway 27 Safety Area Project (Relocation of So. 16th); and WHEREAS, the Yakima Air Terminal is unable to utilize the FFY 2005 Entitlement Funds in the 2008 FFY, as required by 47117 (b) of Title 49 U.S.C., therefore failure to protect these funds would subject them to reversion to the FAA and therefore no longer available to the Yakima Air Terminal; and WHEREAS, the FAA has approved the transfer of these entitlement funds to the Port of Pasco, Tri -Cities Airport; and, WHEREAS, The Port of Pasco has an immediate need to utilize our 2005 Entitlement Funds and has submitted a Letter of Intent to the Yakima Air Terminal Board to transfer one million dollars ($1,000,000.00) of their Federal Fiscal Year 2009 Entitlement Funds t� the City and County of Yakima: and, WHEREAS, it in the best interest of the City and County of Yakima to exchange their 2005 FAA Entitlement funds with the Port of Pasco for their 2009 Entitlement funds to facilitate full funding of the Runway 27 Safety Area Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Agreement for Transfer of Entitlements dated May 20, 2008, executed by Buck Taylor, Airport Manager, is hereby approved and ratified. A true copy of such Agreement is attached hereto and incorporated herein; and, it is understood that the word "Sponsor" as used in this agreement and other assurances is deemed to include the City of Yakima, Washington, and the County of Yakima, Washington. ADOPTED BY THE CITY COUNCIL this 3`d day of Jun City Clerk /4„,/ David Edler, ayor BE IT HEREBY RESOLVED BY THE BOARD OF YAKIMA COUNTY COMMISSIONERS: The Agreement for Transfer of Entitlements dated May 20, 2008, executed by Buck Taylor, Airport Manager, is hereby approved and ratified. A true copy of such agreement is attached hereto and incorporated herein; and, it is understood that the word "Sponsor" as used in this agreement and other assurances is deemed to include the City of Yakima, Washington, and the County of Yakima, Washington. DONE this 3rd day of June 2008. Attest: Christina Steiner, Clerk of the Board 6Z.. --,e( a �kll{Ill11/,, \\\\�yp,KIMA Coo%,� e° � .°• � w ASyi • /Po� 0 Ronal • F. Gamache, hairman _ p Q • r,. O ,J,////,ins ii*INt‘\\\\ ichael D. Leita, Commissioner Constituting the Board of County Commissioners for Yakima County, Washington Attachment ."A" FAA Form 5100-110 City/County Transfer of FFY 2005 FAA Entitlement Funds to the Port of Pasco, Tri -Cities Airport. May 7, 2008 YAKIMA AIR TERMINAL McALLJSTER FIELD 2400 West Washington Ave. • Yakima, Washington 98903 • (509) 575-6149 • (509) 575-6185 Fax Mr. Jim Morasch Director of Airports Tri -Cities Airport 3601 N. 20th Avenue Pasco, Washington 99301 Subject: Letter of Intent to Transfer Yakima Air Terminal's FFY 2005 Federal Aviation Administration Entitlement Finds from the Yakima Air Terminal, an agency of the City of Yakima and Yakima County, to the Port of Pasco, Tri -Cities Airport.. Dear Mr. Morasch: At the April 24th meeting of the Yakima Air Terminal Board of Directors, the Board approved the transfer of Yakima airports 2005 FAA Entitlement Funds of one million dollars ($1,000,000) to the Port of Pasco, Tri -Cities Airport. This transaction will be completed once we receive written confirmation from the Port of Pasco, Tri -Cities Airport that it is their intent to transfer one million dollars ($1,000,000) of their 2009 FAA Entitlement Funds to the Yakima Air Terminal -McAllister Field at such time as the 2009 ATP funds become available. Once we receive your letter of intent, we will submit the proper form(s) to the FAA, Northwest Mountain Region for their ratification and action. We will also have to present the final documentation to the City of Yakima and Yakima County for their ratification. They have previously been informed of our intent and their legal staff has reviewed and approved the language in the joint resolution to complete the transaction. Therefore, as soon as we receive a reciprocal letter of intent, we will add that to the package we send to the FAA and City and County of Yakima and will be able to finalize the agreement. • cerely, uc Tay1 cc. Yakima Air Terminal Board FAA, Seattle ADO, attn: Mary Vargas City and County of Yakima igkCnh�i a Ooo6 Enetlemert Tasman. U.S. Department et,..„,..sd_J Transportation rederal Aviation Administration AGREEMENT FOR TRANSFER OF ENTITLEMENTS In accordance with section 47117(c)(2) of Title 49 U.S.C. (hereinafter called the "Act). County of Yakima and City of Yakima, Washington Name of Transferor Sponsor) Hereby waives receipt of the following amount of funds apportioned to it for each fiscal year specified under section 47114(c)(1) of the Act. Amount Fiscal Year 1,000,000 2005 TOTAL 1,000,000 On the condition that the Federal Aviation Administration makes the waived amount available to: Port of Pasco, Washington (Tri -Cities Airport) Name of Transferee Sponsor) for eligible projects under section 47104(a) Act. This waiver shall expire on earlier of or when the availability of a000rtioned funds would lapse under section 47117(b) of the Act. FOR THE UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION CS -s -- FOR County of Yakima and City of Yakima, Washington (-----g2_4..)--e-4-- . (Signature) (Signa ur Carol A. Key Buck Ta r (Typed Name) (Typed Name) Manager, Seattle Airports District Office Airport Manager (Title) (Title) May 20, 2008 (Date) (Date) CERTIFICATE OF SPONSOR'S ATTORNEY fra,ticcevv-/ 1, , 7"erf rnu rrefa , acting as Attorney for the,Sponsor do hereby certify: That I have examined the foregoing Agreement and find that the Sponsor has been duly authorized to make such transfer and that the execution thereof is in all respects due and proper and in accordance with the laws of the State of Washington and the Act. Dated at 'fR In M r4 this qday of fT. ii,'. i'ature of Sponsor's Attorney) By: FAA Form 5100-110 (10-89) CITY CONTRAC r NO: .,&01- 7 7 RESOLUTION NO: R",<Veg c97' Attachment "B" Letter of Intent Transfer of Port of Pasco, Tri-Cities; Airport 20009 1F.e3J41 entitlement funds to the City and County of Yakima PORT COMMISSION O.E. "Ernie" BOSTON JAMES T. KLINDWORTH • WILLIAM G. CLARK May 12, 2008 Buck Taylor Airport Manager Yakima Air Terminal 2400 W. Washington Ave. Yakima, WA 98903 T ir'1TI Cc i RI.I.I t ICJ � v AIRPORT A PORT OF PASCO FACILITY 3601 NORTH 20th AVENUE • PASCO, WASHINGTON 99301 JAMES E. TOOMEY EXECUTIVE RIR ECTUf JAMES L. MORASCH DIRECTOR CW AIRPORTS RONALD L.FORAKER ASSISTANT IARECTOR Df AIRPORTS SUBJECT: Letter of Intent to Transfer Tri -Cities Airport's future Federal Aviation Administration ("FAA") Entitlement Funds from the Tri -Cities Airport, a Port of Pasco facility ("Tri - Cities Airport"), to the Yakima Air Terminal, an agency of the City of Yakima and Yakima County ("Yakima Air Terminal"). Dear Mr. Taylor: At the March 27, 2008 meeting of the Board of Commissioners of the Port of Pasco, the Board approved the transfer of one million dollars ($1,000,000) of future FAA Entitlement Funds to the Yakima Air Terminal upon the condition that Yakima Air Terminal transfer one million dollars ($1,000,000) of its FFY 2005 Federal Aviation Administration Entitlement Funds to the Tri -Cities Airport in 2008 and upon the following conditions. The Tri -Cities Airport shall transfer one million dollars ($1,000,000) of its 2009 Federal Aviation Administration Entitlement Funds to Yakima Air Terminal if the Tri -Cities Airport is awarded one million dollars ($1,000,000) or more of entitlement funds from the Federal Aviation Administration in 2009. In the event that the Port shall receive less than one million dollars ($1,000,000) in its 2009 allocation of FAA Entitlement Funds, the Tri -Cities Airport shall transfer all portions of its future FAA Entitlement Funds to Yakima, Air Terminal until Yakima Air Terminal has received one million dollars ($1,000,000) of the Tri -Cites Airport allocation of such FAA Entitlement Funds. In no event shall the Tri -Cities Airport be obligated to pay to Yakima Air Terminal any sums of money beyond the transfer of FAA Entitlement Funds. This is not a loan and no interest shall be paid by the Tri -Cities Airport to Yakima Air Terminal. This letter confirms the Tri -Cities Airport's intention to execute all necessary and proper forms to the FAA, Northwest Mountain Region in order to carry out the terms and provisions of this letter of intent. Sincerely, James Morasch Director of Airports PHONE (509) 547-6352 FAX (509) 547-9040 EQUAL OPPORTUNITY EMPLOYER tri-citiesai rporteportotpasco,org BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No For Meeting Of g June 3, 2008 ITEM TITLE Joint City -County Resolution Ratifying Federal Yakima Air Terminal Entitlements exchange with Pasco Airport SUBMITTED BY Yakima Air Terminal, McAllister Field CONTACT PERSON/TELEPHONE Buck Taylor, Airport Manager - 575-6149 Jeff Cutter, Sr Assistant City Attorney — 575-6030 SUMMARY' EXPLANATION Under Federal regulations, airports such- as Yakima are only allowed to retain their federally allocated FAA entitlement funds for three years after being made available to the airport. The Yakima Air Terminal finds that it stands to lose one million dollars of 2005 FAA entitlement funding because the 16th Avenue Runway Safety project will not be ready for construction soon enough to avoid the loss The Air Terminal has identified an FAA approved method of preserving the 2005 entitlement funds by transferring them to the Port of Pasco, Tri Cities Airport. In return, the Port of Pasco has agreed to allocate one million dollars of their 2009 FAA Entitlement funds to the City and County of Yakima These funds could possibly be transferred back to the Yakima Air Terminal as early as October 1, 2008, depending upon when they are appropriated This exchange of funding will protect the City's opportunity to utilize the value it could otherwise potentially forfeit, and will work well with the timing of the Runway 27 Safety Area Project, Relocation of South 16th The Air Terminal does not anticipate going to bid on this project until late summer, or possibly around the first of the year This is dependent upon the completion of the environmental process before the project can proceed to final design Therefore, the Yakima Air Terminal Board requests the Council adopt the attached resolution authorizing the Airport Manager and Assistant City Attorney to sign the enclosed Federal Aviation Administration Agreement for Transfer of Entitlements to the Port of Pasco, and the reciprocal agreement from the Port of Pasco to the City/County of Yakima The Yakima County Commissioners have also been requested to consider this resolution at their meeting on the same date Resolution X Ordinance Contract X Other(Specify) Contract Mail to (name and address) .Phone Funding Source APPROVED FOR SUBMITTAL. A- City Manager STAFF RECOMMENDATION Approve and ratify contract BOARD/COMMISSION/COMMITTEE RECOMMENDATION COUNCIL ACTION