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06-H Releasing FAA entitlement funds CITY OF PARIS, TEXAS CITY COUNCIL AGENDA REQUEST . Action 0 Discussion o Refer to: MEETING DATE: I August 27, 2007 o Information SUBMITTED BY: Lisa A. Wright, Director of Community Development DESCRIPTION: A resolution releasing Federal Aviation Administration non-primary entitlement funds for FY 2003 and FY 2004 in the amount of $300,000.00, requesting replacement funding to make repairs to existing runways, taxiways, apron, and drainage, and reallocating the previously approved local cash match to the new proposed project. BACKGROUND INFORMATION: The City Council previously approved funding for the construction of a new T hangar and associated pavement at Cox Field Airport in the amount of $622,223. 00, with a local cash match of $105,556.00. Due to rising costs associated with pavement, in July 2006, estimates for the project rose to $776,033.00, thus increasing the City's cash match by an additional $153,810.00. After several meetings with KSA Engineers and representatives from TxDOT Aviation, it was determined that the current funds could be put to better immediate use by instead addressing several airfield maintenance issues. In November 2006, the City officially advised TxDOT Aviation that it did not have adequate funding to complete the T hangar project; therefore, we requested that the funds be reallocated for runway pavement repairs, airfield striping, and drainage pavement issues. TxDOT met with the City in June 2007 regarding proposed improvements and has now officially requested that the City transfer its previously allocated funds back to TxDOT in order that they may be applied to other projects. The cash match previously approved for the T hangar project can now be reduced because the match ratio for airfield improvements is lower than that for construction of new facilities. The proposed airfield issues for which the funding is requested to be reallocated include: (1) reconstruction of taxiway; (2) repair existing apron drainage; (3) repair airfield drainage issues by main runway; (4) main runway delamination: (5) fuel farm pavement overlay; and (6) replacement of guidance sign panels. FISCAL AUTHORITY: BUDGETED: YES Account #:010915-61-98 GRANT: Account #: BOND I C 0 Account #: Other: See attached for recommended funding LEGAL REVIEW: MANAGER'S RECOMMENDATION: ~ L DRAFT S:\citydatalAttorneyIRESWORK\CURRENliTxDOT Grant 2005 - Reallocate.wpd August 23, 2007 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE RELEASE OF FEDERAL AVIATION ADMINISTRATION NON-PRIMARY ENTITLEMENT FUNDS FOR FY 2003 AND FY 2004 IN THE AMOUNT OF $300,000.00; AUTHORIZING AN APPLICATION TO THE TEXAS DEPARTMENT OF TRANSPORTATION, A VIA TION DIVISION, FOR THE USE OF NON-PRIMARY ENTITLEMENT FUNDING FOR REPAIRS TO EXISTING RUNWAYS, TAXIWAYS, APRON, AND DRAINAGE; AUTHORIZING APPROPRIATE CITY OFFICIALS TO EXECUTE ANY AND ALL DOCUMENTS ASSOCIATED WITH SAID RELEASE AND GRANT APPLICATION; AUTHORIZING THE EXPENDITURE OF CITY FUNDS AS THE CITY'S LOCAL MATCHING SHARE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris did heretofore, on the 13th day of June, 2005, in Resolution No. 2005-068, authorize an application to the Texas Department of Transportation, Aviation Division, for a Federally Assisted Airport Development Grant to perform various pavement improvements and hangar construction at Cox Field Airport; and, WHEREAS, on September 6, 2005, TxDOT issued its award for Project Number 06HGPARIS in the amount of $622,223.00, with $516,667.00 to be provided by grant and $105,556.00 to be provided in the form ofa local cash match; and, WHEREAS, due to rising costs associated with pavement, the City's cash match requirement has increased by an additional $153,810.00 to $259, 366.00; therefore, the City has determined that the best use offunding is to undertake various needed airfield improvements as follows: (1) reconstruct the taxiway to improve drainage and eliminate a hazard; (2) repair existing apron drainage to prevent further cracking; (3) repair airfield drainage issues by main runway; (4) delaminate and resurface the main runway: (5) overlay the pavement by the fuel farm; and (6) replace guidance sign panels; and, WHEREAS, in order the reallocate funding for the revised project scope, it is necessary that the City execute an Agreement for Transfer of Entitlements to authorize the release of Federal Aviation Administration Non-Primary Entitlement Funds for FY 2003 and FY 2004 in the amount of $300,000.00; and, WHEREAS, the total revised project cost is currently estimated at $985,215.00, with the City of Paris providing a local cash contribution estimated to be $98,521.50, and it is necessary for the City to submit a written request to reallocate funds for said project; and, WHEREAS, the City Council finds and determines that it is appropriate and in the best interest ofthe City to authorize the transfer of existing funds and the revision ofthe project scope for said grant and the subsequent implementation of said revised grant, if approved, upon receipt thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the City Manager and the City Attorney are hereby authorized to execute the Agreement for Transfer of Entitlements for Transfer of Entitlements, under the terms and conditions and in the form shown in Exhibit A, attached hereto, to authorize the release of Federal Aviation Administration Non-Primary Entitlement Funds for FY 2003 and FY 2004 in the amount of $300,000.00. Section 3. That the City Manager is hereby authorized to execute the letter attached hereto as Exhibit B requesting the reallocation of Non-Primary Entitlement Funds for various needed airfield improvements as follows: (I) reconstruct the taxiway to improve drainage and eliminate a hazard; (2) repair existing apron drainage to prevent further cracking; (3) repair airfield drainage issues by main runway; (4) delaminate and resurface the main runway: (5) overlay the pavement by the fuel farm; and (6) replace guidance sign panels. Section 4. That the City Manager and all other appropriate city officials are hereby authorized to make any additional applications or requests to the Texas Department of Transportation, Aviation Division, for funds necessary to complete said airfield improvements at Cox Field Airport. Section 5. That the City Manager, City Finance Director, and City Attorney shall be and are hereby authorized and directed to execute on behalf of the City of Paris at the appropriate time, all grant applications, contracts, and agreements with the State of Texas, and any and all other documents associated therewith as shall be necessary to complete the aforesaid grant application and to accept and implement said grant if same shall be approved on behalf ofthe City of Paris. Section 6. That the total project cost is estimated to be $ , with the City's projected estimated contribution of$ , and the authorization for the expenditure of such funds as a local share upon approval of the final grant document by the Texas Department of Transportation shall be and is hereby in all things approved. Section 7. That the City Council of the City of Paris, by adoption of this resolution, does hereby name the Texas Department of Transportation as its agent for the purposes of applying for, receiving, and disbursing all funds for the aforementioned airport improvements and for the administration of contracts necessary for the implementation of said improvements. Section 8. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 27th day of August, 2007. Jesse James Freelen, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney . ',",' .........................................................................................-.;...,........................................................................... Appendix 1. ENTITLEMENT'TRANSFER AGREEMENT o U.S. Department of Transportation Federal Aviation Administration AGREEMENT FOR TRANSFER OF ENTITLEMENTS In accordance with section 47117(c)(2) of Title 49 U.S.C, (hereinafter called the "Act). The City of Paris, Texas 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 $ 150,000 2003 $ 150,000 2004 TOTAL $ 300,000 On the condition that the Federal Aviation Administration makes the waived amount available to: THE CITY OF PARIS, TEXAS for eligible projects under section 471 04(a) Act. This waiver shall expire on earlier of 9-30-07 (date) or when the availability of apportioned funds would lapse under section 47117(b) of the Act. FOR THE UNITED STATES OF AMERICA, FEDERAL AVIATION ADMINISTRATION through TxDOT FOR the City of Paris, Texas (Signature) (Signature) David Fulton (Typed Name) Director, Aviation Division ........................................... ........................................-........................... (Tit/e) .................................,..........-........... ...................... .................................-......,............................ (Typed Name) ................................................................................................ ..............................--...-...........-.................. (Tit/e) ..........................................-.. ..............."......,'"......~ ............................ (Date) ..."............. ........... ............ .-...................... .........m..............~....... (Date) CERTIFICATE OF SPONSOR'S A TTOR~EY I, 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 Texas and the Act Dated at this day of ,20_, By (Signature of Sponsor's Attorney) FAA Form 5100-110 (10/89) EXHIBIT A- Page 1 of 1