Loading...
1986-126-RES WHEREAS, the City of Paris did heretofore in Resolution No. 86-120 make application for funds for RESOLUTION NO. 86-126 WHEREAS, the City of Paris did heretofore in Resolution No. 86-120 make application for funds for assistance through the Texas Aeronautical Commission for the purpose of routing, cleaning and sealing 260,000 linear feet of joints and pipe markings on the two secondary runways, apron and taxiways at City of Paris, Cox Field Airport; and, WHEREAS, the Texas Aeronautical Commission has made a grant offer dated December 5, 1986, entitled TAC Project No. 866-24 , in the amount of $130,000.00; and, WHEREAS, it is deemed to be in City of Paris that said grant contracted for in the form of grant as Exhibit A; NOW, THEREFORE, the best interest of the offer be accepted and contract attached hereto BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, as follows: 1. That grant offer TAC Project No. 866-24 be, and the same is hereby accepted. 2. That, Billy Joe Burnett, Mayor of the City of Paris, be, and he is hereby authorized and directed to execute on behalf of the City of Paris grant contract in the form attached hereto as Exhibit A. 3. That, Michael E. Malone, City Manager, be, and he is hereby authorized to execute and deliver on behalf of the City of Paris all communications, assurances and documents necessary for the completion of said project. 4. hereby 866-24 That, Jim Collier, Airport Manager, be, and he is appointed Project Director for TAC Project No. Passed and adopted this 8th day of December, 1986. i(Jf~ B~ oe Burnett, Mayor ATTEST: ~\'o.~'-.9- ~~~ attie Cunningham, Cit C erk APPROVED AS TO fA FORM: ~ TEXAS AERONAUTICS COMMISSION GRANT CONTRACT Part I - Offer Date of Offer: Oecember 5, 1986 TAC Project No. 866-24 TO: City of Paris (Herein referred to as the "Sponsor") FROM: The State of Texas, acting through the Texas Aeronautics Commission (Herein referred to as the "Commission") WHEREAS, the Sponsor has submitted to the Commission an app1ication for grant contract dated Oprpmhpr t ,qRf> , for a project for deve10pment of the Paris Cox Fie a Ai rport, together with p1ans and specifications for such project, which app1ication for ~rant contract as a roved b the Commission is hereb incor- porated and made a part of this grant contract by reference so as to have the same effect as though repeated herein; and WHEREAS, the Sponsor certifies that it has avai1ab1e in cash and/or in other acceptab1e form the resources for the undertaking and suc- cessfu1 comp1etion of this project; and WHEREAS, the Commission has approved a project for deve10pment of the Airport (herein ca11ed the "project") consisting of the f0110w- ing described airport deve10pment: Sea1 cracks and joints in Runways 13/31, 3/21, taxiway and apron TAC Form 400-6 (Rev. 11/83) Page 1 of 8 NOW, THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Texas Aeronautics Commission Act as amended, and in consideration of (a) the Sponsor's adoption and ratifica- tion of the conditions comprising this Offer as hereinafter pro- vided, and (b) the benefits to accrue to the State of Texas and the public from the accomplishment of the project and the operation and maintenance of the Airport as herein provided, THE TEXAS AERO- NAUTICS COMMISSION, FOR AND ON BEHALF OF THE STATE OF TEXAS, HEREBY OFFERS AND AGREES to pay, as the State of Texas' share of the allow- able costs incurred in accomplishing the project, 69% per centum of all allowable costs, or the maximum obligation of the State payable under this Offer, whichever is less. This Offer is made on and subject to the following terms and condi- tions: 1. The period of this grant contract shall be twenty (20) years from the date of Sponsor's acceptance. 2. The maximum obligation of the State of Texas payable under this Offer shall be $130,000 3. The Sponsor shall: a. Begin construction on or before January 1, 1987 Failure to do so will constitute just cause for termination of the obligations of the State of Texas hereunder by the Commission, unless at the Sponsor's request, the Commission grants additional time in writing. b. Carry out and complete the project without undue delay and in accordance with the plans and speci- fications which are submitted to and approved by the staff. The Commission has the option to with- hold the payment of any State funds unless the plans and specifications have been completed and approved by the Commission. Make every reasonable attemft to complete the project on or before May, 1987 . 4. The allowable costs of the project shall not include any costs determined by the Commission to be ineligible for consideration as to allowability. c. TAC Form 400-6 (11/B3) Page 2 of 8 5. Grant contract payments to the Sponsor may be authorized upon application to the agency. Payments of the State of Texas' share of the allowable project costs will be made in proportion to the amount of the project satisfactorily completed at the time of the payment application. No more than ninety (90) percent of the total grant contract will be paid prior to the completion of the project. The last ten (10) percent of the grant contract will be paid only after the staff has inspected and approved the completed project. 6. The airport or navigational facility shall remain under Sponsor's control during the period of this grant con- tract. 7. The airport or navigational facility shall be maintained by Sponsor in a safe and serviceable condition during the period of this grant contract. 8. Consistent with safety and security requirements, Sponsor shall make the airport or air navigational facility available to all types, kinds and classes of aeronautical use without discrimination between such types, kinds and classes and shall provide ade- quate public access during the period of this agreement. 9. Sponsor shall not grant or permit anyone to exercise an exclusive right for the conduct of any aeronautical activity on or about an airport landing area. Aero- nautical activities include, but are not limited to, scheduled airline flights; charter flights; flight in- struction; aircraft sales, rental and repair; sale of aviation petroleum products; and aerial application. The landing area consists of runways or landing strips, taxiways, parking aprons, roads, airport lighting, and navigational aids. 10. A Sponsor shall not enter into any agreement nor permit any aircraft to gain direct ground access to .the sponsor's airport from private property adjacent to or in the immediate area of the airport. Further, a sponsor shall not allow aircraft direct ground access to private prop- erty from airport property. All sponsors shall be subject to this prohibition, commonly known as a "through-the- fence operation," unless an exception is granted in writing by the Commission due to extreme circumstances. TAC Form 400-6 (11/83) Page 3 of 8 11. Land identified in Sponsor's grant contract application and attorney's certificate of title shall be pledged to airport use and shall not be removed from such use without prior written approval of the Commission. 12. Sponsor, if requested by the agency, shall submit to the agency annual statements of airport or air naviga- tional facility revenues and expenses. 13. All fees collected for use of an airport or navigational facility constructed with funds provided under the pro- gram shall be reasonable and nondiscriminatory. The proceeds of such fees shall be used solely for the de- velopment, operation and maintenance of the airport or navigational facility. Sponsor, however, shall not be required to pledge income received from the mineral estate to airport use unless state funds were used to acquire the mineral estate or any interest thereof. 14. The City of Paris Airport Fund shall be established by resolution, order or ordinance in the treasury of the Sponsor. A properly executed copy of the resolution, order or ordinance shall be submitted to the Texas Aeronautics Commission prior to payment of any funds under this agreement. All fees. charges, rents, and money from any source derived from airport operations must be deposited in the City of Paris Airport Fund, and shall not be diverted to the general revenue fund or any other special revenue fund of the Sponsor. 15. All development of an airport constructed with program funds shall be consistent with the Airport Layout Plan approved by the staff and maintained by Sponsor. A reproducible copy of such plan, and all subsequent modi- fications thereto, shall be filed with the agency for approval by the staff. 16. When airport lighting is part of a project, Sponsor shall operate such lighting from sunset to sunrise either manually or by radio control following comple- tion of the project. TAC Form 400-6 (11/83) Pa ge 4 0 f 8 17. Insofar as reasonable and within its power, Sponsor shall adopt and enforce comprehensive zoning regula- tions to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities compatible with normal airport operations as provided in art. 46e-3, VACS. Sponsor shall also acquire and retain aviation easements or other interests in or rights to the use of land or airspace, unless sponsor can show that acquisition and retention of such in- terest will be impractical or will result in undue hardship to Sponsor. No Sponsor shall be eligible for a subsequent grant under the program unless Sponsor has adopted and passed an airport hazard zoning ordinance/order. 18. The agency shall not be a party to any contract or commitment which Sponsor may enter into or assume in carrying out the project. 19. The Commission reserves the right to amend or withdraw this Offer at any time prior to acceptance by Sponsor. The acceptance period cannot be greater than 60 days after issuance unless extended in writing by the Commission. 20. This Grant Contract is subject to the applicable pro- visions of the Aviation Facilities Development Rules of the Texas Aeronautics Commission, 43 Texas Adminis- trative Code Section 65.01-65.21, and the applicable provisions of the Texas Aeronautics Act art. 46c-1, et seq., VACS, the Municipal Airport Act, art. 46d-1, et seq., VACS, and the Airport Zoning Act, art 46e-1, et seq., VACS. Failure to comply with the aforementioned rules and statutes shall be considered a breach of this contract and will allow the Commission to pursue the remedies for breach as stated below. 21. Special Conditions None TAC Form 400-6 (11/83) Page 5 of 8 BREACH Of primary importance to the Commission is compliance with the terms and conditions of this grant contract. If, however, after all reasonable attempts to require compliance have failed, the Commission finds that Sponsor is unwilling and/or unable to com- ply with any of the terms and conditions of this grant contract, or the application incorporated herein, the Commission may, in its discretion, pursue one or both of the following remedies: (1) advise the Attorney General to bring suit seeking pro rata reimbursement of the amount paid to Sponsor by the State, pursuant to the Grant Contract; (2) deny Sponsor's future requests for state aid. The Commission shall be limited to the assets of the City of Paris Airport Fund in pursuing any remedy for breach. The Sponsor's acceptance of this Offer and ratification and adoption of application for grant contract incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as here- inafter provided, and said Offer and Acceptance shall comprise a Grant Contract, constituting the obligations and rights of the State of Texas and the Sponsor with respect to the accomplishment of the project and the operation and maintenance of the Airport. Such Grant Contract 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 (20) years from the date of said acceptance. TAC Form 400-6 (11/83) Page 6 of 8 STATE OF TEXAS TEXAS AERONAUTICS COMMISSION By, c~~ Director Part II - Acceptance The City of Paris does hereby ratify and adopt all statements, representations, warranties, covenants and agreements constituting the described project and incorporated materials referred to in the foregoing Offer, and does hereby accept the Offer, and by such acceptance agrees to all of the terms and con- ditions thereof. Executed this 8th day of December 19 86 (Seal) City of Pari s (Sponsor) Attest: By: Tit 1 e: Mattie Cunningham, r.iry r.lprk Billy Joe Burnett, Title: M"y"r TAC Form 400-6 (11/83) Page 7 of 8 Part III - Certificate of Attorney I, T. K. Haynes , acting as attorney for City of Paris I t'ar16 , ,'"Texas, do hereby certify that I have fully examined the foregoing Grant Contract and the pror.eedings taken by said Sponsor relating thereto, and find that the manner of acceptance and execution thereof, of the said Grant Contract by said Sponsor, is in accordance with the laws of the State of Texas. Dated at 19 86 Paris , Texas, this 8th day of December, (Sea 1 ) Attest: By: Matt~e Cunningham Title: City Clerk T. K. Haynes Title: City Attorney TAC Form 400-6 (11/83) Page 8 of 8