HomeMy WebLinkAboutRES 14-158RESOLUTION NO.14-158
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
WHEREAS, the Federal Aviation Administration (FAA) designates Non -Primary
Entitlement (NPE) funds annually to airports listed in the Texas Department of
Transportation (TxDOT) Capital Improvement Plan; and,
WHEREAS, the funds are managed by TxDOT's Aviation Division and are applied
to major construction projects at airports receiving FAA funds; and,
WHEREAS, in fiscal years 2013 and 2014, Beaumont Municipal Airport was not
programmed for capital improvement projects through TxDOT's Aviation Division; and,
WHEREAS, since the funds were earmarked for Beaumont, TxDOT is unable to use
the funds without authorization from the City of Beaumont; and,
WHEREAS, TxDOT is requesting that these funds, in the amount of $300,000, be
released for use on other airport projects;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT the City Manager be and he is hereby authorized to execute an Agreement
for Transfer of Entitlements with the Federal Aviation Administration (FAA) through the
Texas Department of Transportation (TxDOT), Aviation Division to waive receipt of Non -
Primary Entitlement (NPE) funds apportioned to the City of Beaumont for fiscal years 2013
and 2014. The agreement is substantially in the form attached hereto as Exhibit "A" and
made a part hereof for all purposes.
2014.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of July,
Appendix 1. ENTITLEMENT TRANSFER AGREEMENT
........................................................................................................................................................................
r�
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).
City of Beaumont, 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 2013
$ 150,000 2014
TOTAL $ 300,000
On the condition that the Federal Aviation Administration makes the waived amount available to:
TxDOT
for eligible projects under section 47104(a) Act. This waiver shall expire on earlier of 9-30-14 (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 City of Beaumont, Texas
ADMINISTRATION through TxDOT
(Sig,r7atare) (Signature)
David Fulton
(Typed Name) (Typed Name)
Director, Aviation Division
(Titre) __ ..... (Title)
(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
caws of the State of Texas and the Act
Dated at this clay of 20_
FFA Form 51Xj-110 r10/89'
EXHIBIT "A"
(Signature of Sponsor's Attorney)
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