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11 - Non-Primary Entitlement Funding (NPE)Item No. 11 TO: Mayor, Mayor Pro -Tem & City Council Grayson Path, City Manager FROM: Paul Strahan, Airport Manager/FBO Operator SUBJECT: Non -Primary Entitlement Funding (NPE) DATE: March 28, 2022 BACKGROUND: The FAA provides $150,000 per year to General Aviation airports to fund eligible airport projects. These funds come with an expiration date of four years, meaning that if an airport does not successfully submit plans for a project and receive approval by TXDOT within the period of four years, the funds are no longer available and revert to the FAA. The airport received $150,000 from the FAA in 2017, failed to submit any plans for eligible projects within the four-year period, and lost the ability to use these funds. The last opportunity for the airport to submit a proposed plan for a project for these 2017 funds was January 2020. There is no appeal process or time extension program available. NPE funds are not obligated to stay in Texas, and without the NPE Transfer paperwork, the funds will revert to the FAA for national use. The transfer of NPE funds to TXDOT allows these funds to remain in Texas. This is common practice for airports that do not utilize these funds. It shall be the responsibility of the newly created position of Airport Manager to ensure these annual monies are used to fund improvement projects at the airport. [The funds for the next 4 years are already associated with the runway project.] STATUS OF ISSUE: 2017 NPE funds expiring July 1, 2022. BUDGET: N/A RECOMMENDATION: Approve the transfer of NPE funds to TXDOT, and authorize the Mayor to sign all necessary documents. U.S. Department of Transportation Federal Aviation Administration OMB CONTROL NUMBER: 2120-0569 EXPIRATION DATE: 6/30/2023 Request for FAA Approval of Agreement for Transfer of Entitlements In accordance with 49 USC § 47117(c)(2), Name of Transferring Sponsor: City of Paris hereby waives receipt of the following amount of funds apportioned to it under 49 USC § 47114(c) for the: Name of Transferring Airport (and LOCID): Cox Field Airport ( PRX ) for each fiscal year listed below: The Federal Aviation Administration has determined that the waived amount will be made available to: Name of Airport (and LOCID) Receiving Transferred Entitlements: ( Name of Receiving Airport's Sponsor: TxDOT a public use airport in the same state or geographical areas as the transferring airport for eligible projects under 49 USC § 47104(a). The waiver expires on the earlier of 06/01/2022 (date) or when the availability of apportioned funds lapses under 49 USC § 47117(b). For the United States of America, Federal Aviation Administration: Signature: Name: Dan Harmon Title: Director, Aviation Division Date: FAA Form 5100-110 (8/20) SUPERSEDES PREVIOUS EDITION Page 1 of 2 Certification of Transferring Sponsor I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. Executed on this 28th day of March 2022 Name of Sponsor: City of Paris Name of Sponsor's Authorized Official: Paula Portugal Title of Sponsor's Authorized Official: Mayor, City of Paris Signature of Sponsor's Authorized Official: Certificate of Transferring Sponsor's Attorney I, Stephanie H. Harris , acting as Attorney for the Sponsor do hereby certify that in my opinion the Sponsor is empowered to enter into the foregoing Agreement under the laws of the state of Texas . Further, I have examined the foregoing Agreement and the actions taken by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said state and 49 USC § 47101, et seq. Dated at Paris, Texas (City, State), this 28th day of March 2022 Signature of Sponsor's Attorney: FAA Form 5100-110 (8/20) SUPERSEDES PREVIOUS EDITION Page 2 of 2