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