1999-083-AIRPORT PROJECT PARTICIPATION AGREEMENT, AMENDMENT NO 01, RES 96-120
RESOLUTION NO. qq-OR'l
WHEREAS, the City Council of the City of Paris did heretofore, on the 7th day of
November, 1996, in Resolution No. 96-120, approve the execution of the Airport Project
Participation Agreement, TxDOT Project No. AP PARIS 5, TxDOT, CSJ No. 9701PARIS, with
the State of Texas through the Texas Department of Transportation; and,
WHEREAS, the terms of the Airport Project Participation Agreement are in need of
revision, and the form of Amendment No. 01, attached hereto as Exhibit A, should, in all things,
be approved, and the City Manager, Michael E. Malone, should be authorized to execute the
same; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that
Amendment No. 01 to the Airport Project Participation Agreement, TxDOT Project No. AP
PARIS 5, TxDOT CSJ No. 970IPARIS, attached hereto as Exhibit A, be, and the same is hereby,
approved; and,
BE IT FURTHER RESOLVED, that the City Manager, Michael E. Malone, be, and he
is hereby, authorized and directed to execute, on behalf of the City of Paris, Amendment No. 01
to said Airport Project Participation Agreement, under the terms and conditions and in the form
shown in Exhibit A, attached hereto.
PASSED AND ADOPTED this 8th day of July, 1999.
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Charles H. Neeley, Mayor
ATTEST:
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Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
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Stephanie H. Harris, Asst. City Attorney
TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(Federally Assisted Airport Development)
TxDOT Contract No.: 7XXFA020
TxDOT Project No.: AP PARIS 5
TxDOT CSJ No.: 9701PARIS
Amendment No. 01 to the Agreement
WHEREAS, the City of Paris, Texas, hereinafter' referred to as the "Sponsor", and the
Texas Department of Transportation, hereinafter referred to as the "State," have entered into an
Airport Project Participation Agreement TxDOT CSJ No. 9701PARIS, executed by the Sponsor
on November 7, 1996, and by the State on November 22, 1996, for the development of the Cox
Field Airport, hereinafter referred to as the" Airport"; and
WHEREAS, the project is described as follows: reconstruct and rehabilitate Runway
17-35; stripe and mark Runway 17-35; rehabilitate Taxiway A; rehabilitate Taxiway B; replace
medium intensity runway lights for Runway 17-35; seal PCC joints and mark apron; install
precision approach path indicator for Runway 17; install aircraft tiedowns; drainage
improvements; prepare Airport Layout Plan and Exhibit "A"; install erosion/sedimentation
controls and associated appurtenances at Cox Field Airport; and
WHEREAS, it is in the mutual interest of the Sponsor and the State to amend said
Airport Project Participation Agreement at this time to offer the maximum obligation of the
United States; and by such amendment incorporate the Airport Project Participation Agreement as
if fully set forth herein; and
WHEREAS, the Sponsor has requested federal assistance as documented by the State
Airport Project Participation Agreement for development of the Airport; and
WHEREAS, Part II - Offer of Financial Assistance of the Agreement, estimates the total
project costs under the agreement without modification of the agreement to be $2,400,000; and
WHEREAS, financial assistance is currently limited to $2,160,000 in estimated federal
funds, and $240,000 in local sponsor funds;
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of
the Title 49, United States Code, hereinafter referred to as "Title 49 U.S.C.", previously referred
to as "AlP", and in consideration of (a) the Sponsor's adoption and ratification of the
representations and assurances contained in said Airport Project Participation Agreement and its
acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United
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EXHIBIT A
States and the public from the accomplishment of the Project and compliance with the assurances
and conditions as herein provided, THE TEXAS DEPARTMENT OF TRANSPORTATION,
FOR AND ON BEHALF OF THE UNITED STATES, FEDERAL AVIATION
ADMINISTRATION (HEREINAFTER REFERRED TO AS THE "FAA"), HEREBY
OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in
accomplishing the Project, ninety percentum of all allowable project costs. This amendment is
made on and subject to the following terms and conditions:
Conditions
I. On page 2, paragraph 2 of the Agreement, change Amount A, estimated total project
costs, and any further references in the Agreement to Amount A, to $2,308,000.
2. On page 2, paragraph 2 of the Agreement, change Amount B, estimated project costs
eligible for federal financial assistance, and any further references in the Agreement to Amount B,
to $2,308,000.
3. On page 2, paragraph 3 of the Agreement, change Amount C, Sponsor's share of the
estimated total project costs, and any further references in the Agreement to Amount C, to
$230,800.
4. The maximum obligation of the United States payable under this offer shall be $2,077,200
consisting of the following: reconstruct and rehabilitate Runway 17-35; stripe and mark Runway
17-35; rehabilitate Taxiway A; rehabilitate Taxiway B; replace medium intensity runway lights for
Runway 17-35; seal PCC joints and mark apron; install precision approach path indicator for
Runway 17; install aircraft tiedowns; drainage improvements with culvert for the west taxiway
and hangar access lane; prepare Airport Layout Plan and Exhibit "A"; install
erosion/sedimentation controls and associated appurtenances at Cox Field Airport.
This grant should not be construed as block grant funds for the Sponsor, but as a grant for
funding of the scope items as listed on page one of this agreement. It is the intent of the State to
provide funding to complete the approved work items of this grant and not to amend the scope of
work to include items outside of the current determined needs of this project. Scope of work may
be amended as necessary to fulfill the unforeseen needs of this specific development project within
the spirit of the approved scope, subject to the availability of state, federal, and/or local funds.
5. If there is an overrun in the eligible project costs, the State may increase the federal funds
to cover the amount of overrun not to exceed the statutory fifteen (15%) percent federal funds
limitation.
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6. Amend Part III, Item 9m, as follows: following completion of the project where airport
lighting is part of a project, the Sponsor shall operate such lighting at least at low intensity from
sunset to sunrise.
7. Except for instrument landing systems acquired with AIP funds and later donated to and
accepted by the FAA, the Sponsor must provide for the continuous operation and maintenance of
any navigational aid funded under the AlP during the useful life of the equipment. The sponsor
must check the facility, including instrument landing systems, prior to commissioning to ensure it
meets the operational standards. The Sponsor must also remove, relocate, or lower each
obstruction on the approach or provide for the adequate lighting or marking of the obstruction if
any aeronautical study conducted under FAR Part 77 determines that to be acceptable; and mark
and light the runway, as appropriate. The Federal Aviation Administration will not take over the
ownership, operation, or maintenance of any sponsor-acquired equipment, except for instrument
landing systems.
8. Unless otherwise approved by the State, the Sponsor will not acquire or permit any
contractor or subcontractor to acquire any steel or manufactured products produced outside the
United States to be used for any project for airport development or noise compatibility for which
funds are provided under this grant. The sponsor will include in every contract a provision
implementing this special condition.
9. The Sponsor shall carry out and complete the Project without undue delays and in
accordance with the terms hereof, and such regulations and procedures as the State shall
prescribe, and agrees to comply with the assurances.
10. The State reserves the right to amend or withdraw this offer at any time prior to its
acceptance by the Sponsor.
11. 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 within 30 days of receipt of
this offer or such subsequent date as may be prescribed by the State.
12. The United States and the State of Texas shall not be responsible or liable for damage to
property or injury to persons which may arise from, or be incident to, compliance with this grant
agreement.
The Sponsor's acceptance of this amendment and ratification and adoption of the Airport
Project Participation Agreement incorporated herein shall be evidenced by execution of this
instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise
a Grant Agreement, as provided by the Title 49 U.S.C., constituting the contractual obligations
and rights of the United States, the State of Texas and the Sponsor with respect to the
accomplishment of the Project and compliance with the assurances and conditions as provided
herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this
amendment.
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All other terms and conditions of the agreement are unchanged and remain in full force
and effect.
The above amendment to the Airport Project Participation Agreement between the City of
Paris, Texas, and the Texas Department of Transportation is hereby mutually agreed to and
accepted.
Executed this 8th
day of
July
,1999.
City of Paris. Texas
Sponsor
Witness Signature Signature
Michael E. Malone
City Manager
Witness Title Title
CERTIFICATE OF SPONSOR'S ATTORNEY
I, James Corely Henderson
, acting as Attorney for the Sponsor do hereby certifY:
That in my opinion the Sponsor is empowered to enter into the foregoing amendment to the
Airport Project Participation Agreement under the laws of the State of Texas. Further, I have
examined the foregoing amendment and the actions taken by said Sponsor relating thereto, and
find that the acceptance thereof 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 State of Texas and the Act. In addition, for grants involving projects to be
carried out on property not owned by the Sponsor, there are no legal impediments that will
prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement
constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof.
Dated at
this
day of July
,1999.
Witness Signature
Witness Title
Attorney's Signature
James Corley HendeJ."son
Acting City Attorney
Title
Acceptance of the State
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STATE OF TEXAS
TEXAS DEPARTMENT OF TRANSPORTATION
By:
Date:
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