BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON AND THE CITY COUNCIL OF SPOKANE, WASHINGTON
IN THE MATTER OF APPROVING FAA ) FORM 5100 AND DELEGATING ) CERTAIN MATTERS TO SPOKANE ) JOINT RESOLUTION AIRPORT CEO IN CONNECTION WITH ) THE TRANSFER OF CERTAIN AIRPORT ) IMPROVEMENT PROGRAM FUNDS )
WHEREAS, pursuant to Chapter 14.08 RCW, Spokane County, Washington (the “County”), by and through its Board of County Commissioners (the “Board”) and the City of Spokane, Washington (the “City”), by and through its City Council (the “Council”), entered into an agreement dated August 28, 1990 (the “Agreement”) to provide for the joint operation of Spokane International Airport, Felts Field Airport and Spokane International Business Park (collectively, the “Spokane Airport”); and
WHEREAS, the Federal Aviation Administration (“FAA”) administers the Airport Improvement Program (“AIP”) pursuant to chapter 471 of title 49, United States Code, which provides grants to public agencies like Spokane International Airport for the planning and development of public-use airports that are included in the National Plan of Integrated Airport Systems; and
WHEREAS, the County and City, together, are “sponsors” of Spokane International Airport, as such term is defined and used pursuant to chapter 471 of title 49, United States Code, for and on behalf of Spokane International Airport in connection with the AIP; and
WHEREAS, pursuant to chapter 471 of title 49, United States Code, the County and City, as sponsors of Spokane Airport, may apply for, accept, receive, use, administer, manage, transfer, and/or decline funds made available to the Spokane International Airport for eligible AIP projects under chapter 471 of title 49, United States Code; and
WHEREAS, as sponsors of Spokane International Airport, the City and County have historically taken certain administrative actions with regards to funds made available to Spokane International Airport for eligible AIP projects under chapter 471 of title 49, United States Code, including but not limited to formally approving the application for and acceptance and receipt of such funds, as well as approving the written assurances attendant to such funds concerning current and future Spokane Airport operations pursuant to 49 U.SC. § 47107; and
WHEREAS, in 2016 the FAA transferred $2,000,000 in funding for AIP-eligible projects to Spokane International Airport from King County International Airport, also known as Boeing Field (“Boeing Field”), based on the understanding that Boeing Field would receive $2,000,000 in funding from Spokane International Airport’s 2017 allocation; and WHEREAS, pursuant to Section 3.1 of the Agreement, the City and County accepted, on behalf of Spokane International Airport, the $2,000,000 in funding from the FAA for AIP- eligible projects, and Spokane International Airport received such funds and applied the same to an AIP-eligible project at Spokane International Airport known as the South Pilot Ramp Rehabilitation Project; and
WHEREAS, the FAA has requested the City and County, as sponsors of Spokane Airport, authorize and approve FAA Form 5100, a copy of which is attached to this Resolution as Attachment “A” and incorporated herein by this reference, to memorialize such transfer of funding for AIP-eligible projects at Boeing Field; and
WHEREAS, the Board and Council find it is in the best interest of Spokane International Airport to authorize and approve FAA Form 5100, and delegate to the Spokane Airport CEO the authority to execute such FAA Form 5100 and do all things necessary to effectuate and finalize the transfer contemplated under such FAA Form 5100.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Spokane County, Washington and by the City Council of the City of Spokane, Washington, as follows:
1. The Board and the Council, as sponsors of Spokane Airport, hereby each respectively authorize and approve FAA Form 5100, a copy of which is attached to this Resolution as Attachment “A” and incorporated herein by this reference.
2. The Board and the Council, as sponsors of Spokane Airport, hereby each hereby delegate to the Spokane Airport CEO the authority to execute such FAA Form 5100 and do all things necessary to effectuate and finalize the transfer contemplated under such FAA Form 5100.
ADOPTED by the City Council of the City of Spokane, Washington this ____ day of ______, 2017.
______Terri L. Pfister, City Clerk
Approved as to form:
______City Attorney
Page 2 of 3
ADOPTED by the Board of County Commissioners of Spokane County, Washington this ____ day of ______, 2017.
______Commissioner Al French, Chair
______ATTEST: Commissioner Josh Kerns, Vice-Chair
______Ginna Vasquez, Clerk of the Board Commissioner Shelly O’Quinn
Page 3 of 3
Request for FAA Approval of Agreement for Transfer of Entitlements
In accordance with 49 usc §471 17(c)(2), - LcL Name of Transferring Sponsor Boeing FieldlKing County Inrernational Airport hereby waives receipt of the following amount of funds apportioned to it under 49 USC §47117(c) for the:
Name of Transferring Airport (and Locid): Boeing Field/King County International (SF1) for each fiscal year listed below:
Entitlement Type (Passenger, Cargo Fiscal Year Amount or Nonprimary) — Passenger R 2013 $1,000,000 cargo 2, 2013 $410,061 Passenger 2016 $291700 Cargo 2016 $298,239 Total $2,000,000
The Federal Aviation Administration has determined that the waived amount will be made available to:
Name of Airport (and Locid) Receiving Transferred Entitlements: Spokane International (GEG)
Name of Receving Airport’s Sponsor: Spokane International Airoort ( OiL /3frue .n — jLC a public use airport in the same state or geographcaI areas as the transferring airport for eligible projects under 49 USC §47104(a).
The waiver expires on the earlier of December31, 2016 (dale) or when the availability of apportioned funds lapses under 49 USC §47117(b).
For the United States of America, Federal Aviation Administration:
Signature: / Name: \ool1m Title: rnr.nn4r SA,,IL#b fl Date: /, v/leo
FAAForni 510D-l10(1/16)SUPERSEDESPREVIOUSEDITION Page I ______
Certification of Transferring Sponsor
declare under penalty of perjury that the foregoing is true and correct I understand that knowingly and willfullyproviding 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 Q0y of
Name of Sponsor: Boeing Field!Kino County International Airport
Name of Sponsors Authorized Official: Randall Bern. AAA
Title of Sponsor’s Authorized Offlcial. Airport Division Director
Signature of Sponsors Authorized Official certificate of Transferring Sponsor’s Attorney
1 I&. J: I, , 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 11 .
Further, I have examined the foregoing Agreement and the actions taken by said Sponsor and Sponsors 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 . (City,State), this I day of J’..
Signature of Sponsor’s Attorney: -
FAAForm 5100-110(1/16) SUPERSEDES PREVIOUSEDITION Page 2 ______
Request for FAA Approval of Agreement for Transfer of Entitlements
In accordance with 49 usc §471 17(c)(2),
Name of Transferring sponsors: city of Spokane &Spokane county hereby waives receipt of the followingamount of funds apportioned to it under 49 usc §47117(c) for the:
Name ofTransferring Airport(and Locid):Spokane International Airport(GEG) for each fiscal year listed below:
Entitlement Type (Passenger, Cargo Fiscal Year Amount or Nonprimary) Primary 2016 $1504030 Primary Non Hub 2016 $ 291700 Primary 2017 $ 204,270 $ Total $2,000,000
The Federal AviationAdministration has determined that the waived amount willbe made available to:
Name of Airport(and Locid) Receiving Transferred Entitlements: Kingcounty International Airport, Boeing Field (BFI)
Name of Receiving Airport’sSponsor: Kingcounty a public use airport in the same state or geographical areas as the transferring airport for eligibleprojects under 49 usc §47104(a).
The waiver expires on the earlier of September 30, 2017 (date) or when the availabilityof apportioned funds lapses under 49 usc §47117(b).
For the United States of America, Federal Aviation Administration: signature:
Name:
Title:
Date:
FAAForm 5100-110(1/16) SUPERSEDES PREVIOUS EDITION Page 1 ______
Certification of Transferring Sponsor
I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfullyproviding 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 day of January, 2017.
Name of Sponsor: City of Spokane
Name of Sponsor’s Authorized Official:
Title of Sponsor’s Authorized Official:
Signature of Sponsor’s Authorized Official:
Certificate of Transferring Sponsor’s Attorney
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 Washington,
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 Spokane, WA (City, State), this day of January, 2017.
Signature of Sponsor’s Attorney:
FM Form 5100-110(1/16) SUPERSEDES PREVIOUS EDITION Page 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 day of January, 2016.
Name of Sponsor: Spokane County
Name of Sponsor’s Authorized Official:
Title of Sponsor’s Authorized Official:
Signature of Sponsor’s Authorized Official:
Certificate of Transferring Sponsor’s Attorney
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 Washington. 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 Spokane, WA (City, State), this day of January, 2017.
Signature of Sponsor’s Attorney:
FAA Form 5100-110(1/16) SUPERSEDES PREVIOUS EDITION Page 3