HomeMy WebLinkAbout06/03/2008 08 Federal Yakima Air Terminal Entitlements Exchange with Pasco Airport 0 BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 8
For Meeting Of 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 16 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
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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 16 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:
0 COUNCIL ACTION:
CITY OF YAKIMA RESOLUTION YAKIMA COUNTY RESOLUTION
*solution # Resolution #
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
ei mitted a Letter of Intent to the Yakima Air Terminal Board to transfer one million dollars ($1,000,000.00) of
t Federal Fiscal Year 2009 Entitlement Funds to the City and County of Yakima: and,
WHEREAS, it is 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` day of June, 2008.
Dave Edler, Mayor, City of Yakima
ATTEST:
City Clerk
BE IT HEREBY RESOLVED BY THE BOARD OF YAKIMA COUNTY COMMISSIONERS:
The Agreement for Transfer of Entitlements dated May 20, 2008, executed Buck Taylor, •
g y d by uc aylor, 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.
Dated this day of , 2008.
Mike Leita, Chair, Yakima County Commissioners
Ronald F. Gamache, Commissioner
Rand Elliot, Commissioner
Constitutes the Board of County Commissioners for
Yakima County, Washington
ATTEST:
Christina Steiner, Clerk of the Board
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4110
Attachment "A"
FAA Form 5100 -11.0
City /County Transfer of FFY
2005 FAA Entitlement Funds
to the Port of Pasco, Tri- Cities Airport.
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• f YAKp , MIN �M� �� TER AL
'Mt AL.LUS'TER KIEL
. , • 2406 West Washington Ave • Yakima, Wshingtom98903 (509) 5 7 5 -6149 - (5091 5 7 5 -6Q 85 Fax
May 7, 2008
Mr. Jim Morasch
.Director of Airports
Tri- Cities Airport
3601. N. 20 Avenue
Pasco, Washington 99301
Subject: Letter of Intent :to Transfer Yakima Air Terminal's FFY 2005 Federal. Aviation
Administration Entitlement Funds 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 24" 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 transferone miklion dollars ($1 000 000) of their>2009 :FAA Entitlement
Funds to.the Yakima "Air Tenainal- McAllister Field at as'the 2009.AIP funds become available.
Once we receive. your letter of intent, we will submit the proper forin(s) to the Mountain
Region for their ratification sand 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 receive. a reciprocal letter. of intent,: we will add�that to the package,we send to the
FAA and City and Cguntyof Yakima and will-be able to fin the agreement.
cerely, f
: u. Tayi
cc.
Yakima, Air Terminal• Board
FAA :Seattle, ADO attn:; Mary Vargas
City and County, of Yakima
igke.AlyPile/2008 SntidemOit 1 fe;
i
U.S. Department
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
apportioned funds would lapse under section 47117(b of the Act.
FOR THE UNITED STATES OF AMERICA FOR County of Yakima and City of Yakima,
FEDERAL AVIATION ADMINISTRATION ashington
(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
, 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 this da of
By:
(Signature of Sponsor's Attorney)
FAA Form 5100 -110 (10 -89)
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Attachment "B"
Letter of Intent
Transfer of Port of Pasco, Tri- Cities Airport
2009 FAA entitlement funds to the
City and County of Yakima
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. .
.T RKITIES
PORT COMMISSION:
4' 0 T
JAMES E. TOOMEY
O.E. "Ernie" BOSTON A PORT OF PASCO FACILITY
EXECUTNE DIRECTOR
JAMES T. KLINDWORTH JAMES L. MORASCH
WILLIAM G. CLARK 3601 NORTH 20th AVENUE • PASCO, WASHINGTON 99301 ' DIRECTOR OF AIRPORTS
RONALD L. FORAKER
ASSISTANT DIRECTOR
- OF AIRPORTS
May 12, 2008 '
Buck Taylor
Airport Manager
Yakima Air Terminal
2400 W. Washington Ave.
Yakima WA 98903 '
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
III 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 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 toYakima 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, .
ATAkk,
James Morasch
Director of Airports
-PHONE (509) 547 -6352 FAX (509) 547 -9040 tri- citiesairport@portofpasco.org
EQUAL OPPORTUNITY EMPLOYER