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1994-055-RES WHEREAS, the City Council of the City of Paris did Resolution No. 94-011 authorize an application to be RESOLUTION NO. 94-055 WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 94-011 authorize an application to be made to the Texas Department of Transportation for the installation of lighted guidance signs on Runway 17/35 at Cox Field Airport, grant; and, WHEREAS, the Texas Department of Transportation has issued its Grant Offer TxDOT Project Number 94-43-103 at the Paris Cox Field Airport in the total amount of $67,545.00 requiring matching contribution of $7,505.00, to be funded by Certificates of Obligation, Series 1993; and, WHEREAS, acceptance of the same must occur within thirty (30) days of the date of receipt of said offer which occurred on May 16, 1994; and, WHEREAS, it is deemed to be in the best interest of the citizens of Paris that the City of Paris accept said Grant offer and continue to improve Cox Field Airport with the installation of lighted guidance signs on Runway 17/35 in the City of Paris; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the Grant Offer for TxDOT Project Number 94-43-103 for the installation of lighted guidance signs on Runway 17/35, Cox Field Airport in the amount of $67,545.00, requiring matching contribution of $7,505.00, be, and the same is hereby, accepted; and, BE IT FURTHER RESOLVED, that the City Manager of the City of Paris, Michael E. Malone, be, and he is hereby, authorized and directed to execute on behalf of the City of Paris the Grant Agreement between the Texas Department of Transportation and the City of Paris, in the form of Exhibit A attached hereto. BE IT FURTHER RESOLVED, that the $7,505.00 matching funds is authorized to be funded by Certificates of Obligation, Series 1993. PASSED AND ADOPTED this 23rd day of May, 1994. ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: ) / TEXAS DEPARTMENT OF TRANSPORTATION GRANT AGREEMENT (State Assisted Airport Development) TxDOT Project No.: 94-43-103 Part I - Identification of the Project TO: The City of Paris, Texas FROM: The State of Texas, acting through the Texas Department of Transportation This Agreement is made and entered into by and between the TEXAS DEPARTMENT OF TRANSPORTATION , (herei nafter referred to as the IIDepartment "), for and on behalf of the State of Texas, and the SPONSOR, (hereinafter referred to as the "Sponsor"). WITNESSETH: WHEREAS, the Sponsor desires to sponsor a project for the development of a public aviation facility, known or to be designated as the AIRPORT under Texas Aeronautics Act, Tex. Rev. Civ. Stat. Ann. art. 46c-l et seq., and the Municipal Airports Act, Tex. Rev. Civ. Stat. Ann. art. 46d-l et seq.; and WHEREAS, the project is described as follows: installation of lighted guidance signs for the runway and taxiway intersections at the Paris-Cox Field Airport; and WHEREAS, the Sponsor applies for state financial assistance for the project described above; and WHEREAS, the parties, by this Agreement, do hereby fix their respective responsibilities with reference to each other and with reference to the accomplishment of said project. NOW, THEREFORE, for and in consideration of the benefits which will accrue to the parties by virtue of the completion of the project, IT IS MUTUALLY COVENANTED AND AGREED as follows: Page 1 of 9 EXHIBIT A Part II - Offer of Financial Assistance 1. It is estimated that approximately $75,050.00 (Amount A) of the project costs will be eligible for state financial assistance, and that state financial assistance will be for ninety percent (90%) of the eligible project costs. The Department shall determine fair and eligible project costs for state financial assistance, and will not participate in costs considered unreasonable. It is estimated that the Sponsor's share of the eligible project costs will be approximately $7,505.00 (Amount B) and the Department's share of eligible project costs will be approximately $67,545.00 (Amount C). 2. Should eligible project costs exceed the amount shown above (Amount A), the Department may participate in the additional eligible costs to the extent of the aforesaid appropriate percentages and subject to the availability of state funds. Participation in additional costs may require approval by the Texas Transportation Commission. 3. Should estimated eligible project costs as determined following the receipt of bids for the project, exceed the amount shown above (Amount A), the Sponsor may request the Department to void this Agreement, whereupon the Department shall agree to void this Agreement upon the satisfaction of the following conditions: a. the Sponsor's request to the Department to void the Agreement shall be in writing and dated; and b. if requi red by the Department, the Sponsor shall reimburse the Department for State funds expended on th is project and Sponsor shall assume the responsibility for any future State expenses for contracted services or materials related to the project for which a contract had been executed prior to the Sponsor's request to void the Agreement. 4. Failure on the part of the Sponsor to comply with the conditions of Paragraph 11-3 shall constitute a breach of this Agreement. 5. Upon satisfaction of the conditions specified in Paragraph II-3, the Department shall declare this Agreement null and void, and this Agreement shall have no force and effect. 6. The Sponsor specifically agrees that it shall pay any project costs which exceed the amount of financial participation agreed to by the Department. It is further agreed that the Sponsor will reimburse the Department for any payment or payments made hereunder by the Department wh i ch are in excess of the Department's percentage of financial participation as stated in Paragraph II-I. 7. Sponsor, by executing this Agreement certifies and, upon request, shall furnish proof to the Department that it has sufficient funds to meet its share of the costs. The Sponsor hereby grants to the Department the right to audit any books and records of the Sponsor to verify the funds. In addition, the Sponsor shall disclose the source of all funds for the project and its ability to finance and operate the project. Page 2 of 9 8. Monthly grant agreement payments to the Sponsor may be authorized upon application to the Department. Payments of the Departments 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 agreement will be paid prior to the completion of the project. The last ten (10) percent of the grant agreement will be paid only after the staff has inspected and approved the completed project. 9. In accepting the Grant, the Sponsor guarantees that: a. it will, in the operation of the facil ity, comply with all applicable state and federal laws, rules, regulations, procedures, covenants and assurances required by the State of Texas in connection with the Grant; and b. the Airport or navigational facility which is the subject of this Agreement shall be controlled for a period of at least 20 years, and improvements made or acquired under this project shall be operated, repaired and maintained in a safe and serviceable manner for the useful life of the improvements, not to exceed 20 years; and c. consistent with safety and security requirements, it 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 adequate public access during the period of this Agreement; and d. it shall not grant or permit anyone to exercise an exclusive right for the conduct of aeronautical activity on or about an airport landing area. Aeronautical activities include, but are not limited to scheduled airline flights, charter flights, flight instruction, aircraft sales, rental and repair, sale of aviation petroleum products and aerial applications. The landing area consists of runways or landing strips, taxiways, parking aprons, roads, airport lighting and navigational aids; and e. it 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, Sponsor shall not allow aircraft direct ground access to private property. Sponsor shall be subject to this prohibition, commonly known as a "through-the-fence operation," unless an exception is granted in writing by the Department due to extreme circumstances; and f. it will acquire all land identified as needed for the purposes of this project and comply with all applicable state and federal laws, rules, regulations, procedures, covenants and assurances required by the State of Texas in the acquisition of such land; and that airport land identified within the scope of this project and Attorney's Certificate of Land Title shall be pledged to airport use and shall not be removed from such use without prior written approval of the Department; and Page 3 of 9 g. h. if requested by the Department, the Sponsor shall submit to the Department annual statements of airport revenues and expenses; and the Sponsor agrees to allow the Department the right to audit and review any books, statements and records of the Sponsor pertaining to this project; and all fees collected for the use of an airport constructed, in whole or part, with funds provided under the program shall be reasonable and nondi scrimi natory. The proceeds of such fees shall be used solely for the development, operation and maintenance of the airport or navigational facility. Sponsor 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 of airport lands or any interest therein; and i. an Airport Fund shall be established by resolution, order or ordinance in the treasury of the Sponsor, or evidence of the prior creation of an existing airport fund or a properly executed copy of the resolution, order, or ordinance creating such a fund, shall be submitted to the Department. All fees, charges, rents, and money from any source derived from airport operations must be deposited in this Airport Fund and shall not be diverted to the general revenue fund or any other speci a 1 revenue fund of the Sponsor. All expenditures from the Airport Fund shall be solely for airport purposes. Sponsor shall be ineligible for a subsequent grant or loan by the Department unless, prior to subsequent approval of a grant or loan, Sponsor has complied with the requirements of this subparagraph; and j. all airport-related development constructed with state funds shall be consistent with the Airport Layout Plan approved by the Department and maintained by the Sponsor. A reproducible copy of such plan, and all subsequent modifications thereto, shall be filed with the Department for approval; and k. where airport lighting is part of a project, Sponsor shall daily operate such lighting from sunset to sunrise, either manually or by radio control following completion of the project; and insofar as it is reasonable and with in its power, Sponsor sha 11 adopt and enforce zoning regulations to restrict the height of structures and use of land adjacent to or in the immediate vicinity of the airport to heights and activities compatible with normal airport operations as provided in Tex. Local Gov't. Code Ann. 99 241.001 et seq.. Sponsor shall also acquire and retain avigation easements or other interests in or rights to use of land or airspace, unless sponsor can show that acquisition and retention of interest will be impractical or will result in undue hardship to Sponsor. Sponsor shall be ineligible for a subsequent grant or loan by the Department unless Sponsor has, prior to subsequent approval of a grant or loan, adopted and passed an airport hazard zoning ordinance or order approved by the Department; and 1. Page 4 of 9 m. it will provide upon request to the Department copies of any maps, plans, or reports of the project site, applicable to or affecting the above project; and n. after reasonable notice, it will permit the Department access to the project site, and will obtain permission for the Department to enter private property for purposes related to this project; and 10. The Sponsor hereby certifies to the Department that it will have acquired clear title in fee simple to all real estate upon which construction work is to be performed, or have acquired a leasehold on such property for a term of not less than 20 years prior to the Sponsor's first request for reimbursement, and a sufficient interest (easement or otherwise) in any other real estate which may be part of the project. 11. The Sponsor's acceptance of this Offer and ratification and adoption of the Agreement shall be evidenced by execution of this instrument by the Sponsor, and said Agreement shall comprise a 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 Agreement shall become effective upon execution of this instrument and shall remain in full force and effect for a period of 20 years. 12. The Sponsor shall have on file with the Department a current and approved Attorney's Certificate of Land Title. 13. Responsibility of the Department shall include, but not be limited to: a. certification of the consultant selection procedures; and b. certification of the construction contractor selection procedures; and approval of costs for construction pri or to contract bei ng executed; and c. receipt, review, approval and processing of Sponsor's reimbursement requests for approved services and materials supplied in accordance with approved contracts; and d. review of project plans, specifications and construction; coordinate and conduct progress and final inspections; and e. review and approval of record drawings. 14. This Agreement is executed for the sole benefit of the contracting parties and is not intended or executed for the direct or incidental benefit of any third party. Furthermore, the Department shall not be a party to any other contract or commitment which the Sponsor may enter into or assume, or have entered into or have assumed, in regard to the above project. Page 5 of 9 15. This Agreement is subject to the applicable provlslons of the Texas Aeronautics Act, Tex. Rev. Civ. Stat. Ann., art. 46c-1 et seq., the Municipal Airports Act, Tex. Rev. Civ. Stat. Ann. art. 46d-1, et seq., and the Airport Zoning Act, Tex. Local Gov't. Code Ann. S9 241.001 et seq.. Failure to comply with the terms of this Agreement or with the rules and statutes shall be considered a breach of this contract and will allow the Department to pursue the remedies for breach as stated below. a. Of primary importance to the Department is compliance with the terms and conditions of this Agreement. If, however, after all reasonable attempts to requi re comp 1 i ance have failed, the Department fi nds that Sponsor is unwilling and/or unable to comply with any of the terms and conditions of this Agreement, the Department, may pursue any of the following remedies: (1) require a refund of any state money expended pursuant to the Agreement, (2) deny Sponsor's future requests for state aid, (3) request the Attorney General to bring suit seeking reimbursement of any state money expended on the project pursuant to the Agreement, provided however, these remedies shall not limit the Department's authority to enforce its rules, regulations or orders as otherwise provided by law, (4) declare this Agreement null and void, and (5) any other remedy available at law or inequity. b. Venue for resolution by a court of competent jurisdiction of any dispute arising under the terms of this Agreement, or for enforcement of any of the provisions of this Agreement, is specifically set by Agreement of the parties in Travis County, Texas. 16. The Department reserves the right to amend or withdraw this Agreement at any time prior to acceptance by the Sponsor. The acceptance period cannot be greater than 30 days after issuance unless extended in writing by the Department. 17. This Agreement constitutes the full and total understanding of the parties concerning their rights and responsibilities in regard to this project and shall not be modified, amended, rescinded or revoked unless such modification, amendment, rescission or revocation is agreed to by both parties in writing and executed by both parties. 18. All commitments by the Sponsor and the Department hereunder are subject to constitutional and statutory limitations and restrictions binding upon the Sponsor and the Department (including ss 5 and 7 of article 11 of the Texas Constitution, if applicable) and to the availability of funds which lawfully may be applied. 19. Thi s contract is subject to the approval as to form by the Attorney General of the State of Texas. 20. Special Conditions: Construction for the project must be complete before January 1, 1995 to satisfy Federal Aviation Administration Part 139 requirements. Page 6 of 9 STATE OF TEXAS TEXAS DEPARTMENT OF TRANSPORTATION By: David S. Fulton, Director Aviation Division Texas Department of Transportation Date: Part III - Acceptance The City of Paris, Paris, Texas does hereby ratify and adopt all statements, representations, warranties, covenants and agreements constituting the described project and incorporated materials referred to in the foregoing Agreement, and does accept the Offer, and by such acceptance agrees to all of the terms and conditions of the Agreement. Executed this 23rd day of May , 19 94 . Witness: CITY OF PARIS, PARIS, TEXAS Sponsor Signature Mattie Cunningham, City Clerk Title Signature Michael E. Malone, City Hanager Title Page 7 of 9 Part IV - Certificate of Attorney I, T. K. Haynes , acting as attorney for CitX of Paris Paris ,Texas, do certify that I have fully examined the roregol ng Agreement andthe proceedi ngs taken by Sponsor re 1 at i n9 to the Agreement, and fi nd that the manner of acceptance and execut ion, of the Agreement by Sponsor, is in accordance with the laws of the State of Texas. Dated at 19 94 Paris , Texas, thi s 23rd day of May Witness: Attorney Signature T. K.Haynes, City Attorney Title Signature Mattie Cunningham, City Clerk Title Page 8 of 9 Part V - Attorney General's Approval This contract is approved as to form. Attorney General of Texas By: Assistant Attorney General Date: Page 9 of 9