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RESOLUTION NO.230
A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE
CITY OF MOSES LAKE,WASHINGTON,TO EXECUTE THE
ACCEPTANCE OF THE FEDERAL AVIATION AGENCY GRANT
AGREEMENT OFFER.
WHEREAS,the City of Moses Lake,Washington,has made application to
the Federal Aviation Agency for Federal Matching Funds to improve the City
of Moses Lake Municipal Airport,Moses Lake,Washington,and
WHEREAS,the Federal Aviation Agency has made an offer to provide Federal
Matching Funds,and
WHEREAS,it is necessary that the City Council of the City of Moses Lake
authorize and direct the City Manager of the City of Moses Lake to execute
an acceptance of said Offer,
NOW,THEREFORE,BE IT RESOLVED:
1.Chester L.Waggener,the duly appointed and acting City Manager of
the City of Moses Lake,is hereby authorized and directed to execute an
acceptance on behalf of the City of Moses Lake of the following offer:
"Federal Aviation Agency
GRANT AGREEMENT
Part I -Offer
Date of Offer May 22,1961
Moses Lake Municipal Airport
Project No.9-45-079-6101
Contract No.FA4-1476
TO:The City of Moses Lake,Washington
(herein referred to as the "Sponsor")
FROM:The United States of America (acting through the Federal
Aviation Agency;herein referred to as the "FAA")
WHEREAS,the Sponsor has submitted to the FAA a Project Application
dated February 20,1961,for a grant of Federal funds for a project for
development of the Moses Lake Municipal Airport (herein called the
"Airport"),together with plans and specifications for such project,
which Project Application,as approved by the FAA is hereby incor
porated herein and made a part hereof;and
WHEREAS,the FAA has approved a project for development of the
Airport (herein called the "Project")consisting of the following-
described airport development:
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Construct N/S runway (approximately 1800'x 50*).
all as more particularly described in the property map and plans and
specifications incorporated in the said Project Application.
NOW THEREFORE,pursuant to and for the purpose of carrying out the
provisions of the Federal Airport Act,as amended (49 U.S.C.1101),
and in consideration of (a)the Sponsor's adoption and ratification of
the representations and assurances contained in said Project Applica
tion,and its acceptance of this Offer as hereinafter provided,and
(b)the benefits to accrue to the United States and the public from
the accomplishment of the Project and the operation and maintenance
of the Airport as herein provided,THE FEDERAL AVIATION AGENCY,
FOR AND ON BEHALF OF THE UNITED STATES,HEREBY OFFERS AND
AGREES to.pay,as the United States'share of the allowable costs
incurred in accomplishing the Project,$1.66 per centum of said
allo.wable project costs,subject to the following terms and conditions.
This offer is made on :and subject to the following terms and conditions:
1.The maximum obligation of the United States payable under
this Offer shall be $10,332.00.
2 .The Sponsor shall:
(a)begin accomplishment of the Project within sixty days
after acceptance of this Offer or such longer time as
may be prescribed by the FAA,with failure to do so
constituting just cause for termination of the obligation
of the United States hereunder by the FAA;
(b)carry out and complete the Project without undue delay
and in accordance with the terms hereof,the Federal
Airport Act,and Sections 550.7 and 550.8 of the
Regulations of the Federal Aviation Agency (14 CFR 550)
in effect as of the date of acceptance of this Offer;
which Regulations are hereinafter referred to as the
"Regulations".
(c)carry out and complete the Project in accordance with
the plans and specifications and property map,incor
porated herein,as they may be revised or modified with
the approval of the FAA,or his duly authorized
representative.
3.The allowable costs of the project shall not include any costs
determined by the FAA to be ineligible for consideration as to
allowability under Section 550.4(a)of the Regulations.
4.Payment of the United States'share of the allowable project
costs will be made pursuant to and in accordance with the
provisions of Section 550.9 of the Regulations.Final
determination as to the allowability of the costs of the project
will be made at the time of the final grant payment pursuant to
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Section 550.9(d)of the Regulations:Provided,that,in
the event a semi-final grant payment is made pursuant to
Section 550.9(c)of the Regulations,final determination as
to the allowability of those costs to which such semi-final
payment relates will be made at the time of such semi-final
payment.
5.The Sponsor shall operate and maintain the Airport as provided
in the Project Application incorporated herein.
6.The FAA reserves the right to amend or withdraw this Offer at
any time prior to its acceptance by the Sponsor.
7.This Offer shall expire and the United States shall not be
obligated to pay any part of the costs of the Project unless
this Offer has been accepted by the Sponsor on or before
June 30,1961,or such subsequent date as may be prescribed
in writing by the FAA.
8.The Administrator having determined that no space in airport
buildings will be required by any civil agency of the United
States for the purpose set forth in Paragraph 9 of Part III of
the Project Application,the provisions of said paragraph shall
be deemed to be of no force or effect.
9.By its acceptance hereof,the Sponsor hereby covenants that
within three years from the date of acceptance of this Grant
Offer,it will acquire a fee title,or such lesser property
interest as may be found satisfactory to the Administrator,in
those portions of clear zone areas which lie outside existing
airport boundaries,such clear zone areas being those areas
identified as "clear zone"on the property map attached hereto
and identified as Exhibit'"A".The Sponsor further hereby
covenants that to the extent it has or may have either present
or future control over the clear zone areas,and unless excep
tions to or deviations from the following obligations have been
granted to it in writing by the Administrator,it will clear such
areas of all existing structures and of any natural growth which
constitutes an obstruction to air navigation within the standards
established by the Federal Aviation Agency Technical Standard
Order N18,and to control the subsequent erection of structures
and control natural growth in order to prevent the creation of
obstructions within said standards.
10.It is understood and agreed by and between the parties hereto
that the words "Regional Administrator"wherever they appear
in this Agreement,in the Project Application,plans and spec
ifications or in any other documents constituting a part of this
Agreement,shall be deemed to mean the ,rChief,Facilities
and Materiel Field Division,"Region 4.
The Sponsor's acceptance of this Offer and ratification and adoption of
the Project Application incorporated herein shall be evidenced by execu
tion of this instrument by the Sponsor,as hereinafter provided,and said
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Offer and Acceptance shall comprise a Grant Agreement,as provided by
the Federal Airport Act,constituting the obligations and rights of the
United States and the Sponsor with respect to the accomplishment of
the Project and the operation and maintenance of the Airport.Such
Grant Agreement shall become effective upon the Sponsor's acceptance
of this Offer and shall remain in full force and effect throughout the
useful life of the facilities developed under the Project but in any
event not to exceed twenty years from the date of said acceptance.
UNITED STATES OF AMERICA
FEDERAL AVIATION AGENCY,Region 4 (LA)
By:Chief,Facilities and Materiel Field Div.
TITLE
2 .The authorized acceptance shall be in the following form:
"The City of Moses Lake,Washington does hereby ratify and adopt all
statements,representations,warranties,covenants,and agreements
contained in the Project Application and incorporated materials referred
to in the foregoing Offer and does hereby accept said Offer and by such
acceptance agrees to all of the terms and conditions thereof.
Executed this day of ,19 .
THE CITY OF MOSES LAKE,WASHINGTON
(Name of Sponsor)
(SEAL)By
Title
Attest:
Title:
3.Mabel Waterman,the dily appointed and acting Clerk of the City of Moses
Lake is authorized and directed to attest the execution of said acceptance by
the City Manager of the City of Moses Lake.
PASSED by the City Council of the City of Moses Lake,Washington,and
APPROVED by its Mayor this J~ai day of J^-*^/'',1961 .
ATTEST:
City Clerk
APPROVED AS TO FORM:
Qtivi;'
City Attorney
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