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2007-101-RES-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 and application to the Texas Department of Transportation f, aviation division, for theRESOLUTION N0. 2007-101 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, AVIATION DIVISION, FOR THE USE OFNON-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, inResolution 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 of a 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 of funding 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 of the City to authorize the transfer of existing funds and the revision of the 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 ofNon-Primary Entitlement Funds for 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. 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 of the City of Paris. Section 6. That the total project cost is estimated to be $985,215.00, with the City's projected estimated contribution of $98,521.50 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. ATTEST: nice Ellis, City Clerk APPROVED AS TO FORM: sse Jam Freelen, Mayor W. Kent McIly C Attorney Appendix 1. ENTITLEMENT TRANSFER AGREEMENT ~~ 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, TEAS for eligible projects under section 47104(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 FOR the City of Paris, Texas ADMINISTRATION through TxDOT (Signature) David Fulton (Signature) , " (Typed Name) (Typed Name) Director, Aviation Division (Title) (Title) (Date) (Date). CERTIFICATE OF SPONSOR'S ATTORNEY 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_ FAA Form 510D-110 (10189} By (Signature of Sponsor's Attorney) EXHIBIT .~.. Page 1 of 1