83-026 RES COP ACTING BY AND THROUGH CITY MANAGER ROBERT W SOKOLL DID MAKE APPLICATION FOR GRANT FROM TX AERONAUTICS COMMRESQLUTION N0. 83-026
WHEREAS, the City of Paris, acting by and through its
City rSanager, Robert W. Sokoll, did heretofore make applica-
tion for grant from Texas Aeronautics Commission for con-
struction of fuel storage and access ramp for Cox Field,
Paris, Texas; and,
WHEREAS, the Texas Aeronautics Commission has made a
grant offer dated March 30, 1983 entitled TAC Project No.
836-20; and,
WHEREAS, it is deemed to be in the best interest of the
City of Paris that said grant offer be accepted and con-
tracted for in the form of Grant Contract attached hereto as
Exhibit "A"; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, as follows:
l. That Grant offer TAC Project No. 836-20 be and the
same is hereby accepted.
2. That, Joe Graham, 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, David H. Doty, City Manager be, and he is
hereby authorized to execute and deliver on behalf
of the City of Paris all communications, assur-
ances and documents necessary for the completion
of said project.
4. That B. A. Huddleston, of the City Engineer's
Office, be, and he is hereby appointed project
director for TAC Project No, 836-20.
Passed and adopted this 31st day of May, 1983.
oe Gra am, ayor
ATTEST:
H. C. reene, City C er
APPROVED AS TO FORM;
~ -
T. K. Haynes, City Attorney
EXHIBIT A
TEXAS AEF:ONAUTICS COMMISSION
GRANT CONTRACT
Part I - Offer
Date of Offer: _March 30, 1983
TAC Project No. 836-20
TO : Ci ty of Pari s
(fierein 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 application
for grant contract dated _ January 3, 1983 , for a project for
development of the Cox Field Airport, together
with plans and specifications for such project which application for
grant contract as approved by the Commission is hereby incorporated
and made a part of this_ rant contract by reference so as to have
the same effect as though repeated herein; and
WHEREAS, the Sponsor certifies that it has available in cash and/or
in other acceptab1e form the resources for the undertaking and suc-
cessful completion of this project; and
4JHEREAS, the Commission has approved a project for development of
the Airport (herein called the "project") consisting of the follow-
iny described airport development:
Construct fuel storage and access ramp
(approxi. 7,400 SY)
YOUR COPY
TAC Form 400-6 (Rev. 3/83) 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,
~
P 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 publir_ from the accomplishment of the project and the operation
and maintenance of the Airport as herein provided, THE TEXAS AERO-
NAUTICS COMMISSION, FOR AND 0N BEHALF OF THE STATE OF TEXAS, HEREBY
OFFERS AND AGREES to pay, as the State of Texas' share of the a11ow-
able costs incurred in accomplishing the project, o er centum
of all allowable costs, or the maximum obligation of the SPate
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 _A115,000
3. The Sponsor shall:
a• Begin construction
Failure to do so w
termination of the
Texas hereunder by
Sponsor's request,
time in writing.
on or before - june 15,_1983
ill constitute just cause for
obligations of the State of
the Commission, unless at the
the Commission grants additional
b. Carry out and complete the project without undue
delay and in acr_ordance 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.
c. Make every reasanable attempt to complete the
project, on or before October 1 1983
4. The allowable costs of the project shall riot include
any costs determined by the Commission to be ineligible
for consideration as to allowability.
TAC Form 400-6 (3/83)
Page 2 of 8
5. Grant contract payments to the Sponsor may be authorized
upon application to the agency. Payments of the State of
iexas' 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 rnore
than ninety (90) percent af the total grant contract will
be paid prior to the completion of the project. The last
ten (10) percent of t:he grant con±ract will be paid only
after the staff has inspected and approved the completed
project.
6. The airport or ravigational facility shall remain under
Spansor's centrol during the perioci of this grant con-
tract.
7. The airport or naviyational 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 airpert landing area. Aero-
nautical activities -include, but are not limited to,
scheduled airline flights; charter flights; fliyht in-
struction; aircraft sales, rental and repair; sale of
aviation pertroleurn 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
ta this prohibition, commonly known as a"through-the-
fence operation," unless an exception is granted in
writing by the Commission due to extreme circumstances.
TRC Form 400-6 (3/83) 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 stateriients 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-
yram 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 Ai rport Fund shal 1 be
established by resolution, order or ordinance in the
treasury of the Sponsor. A properly executed copy af
the resolution, order or ordinance shall be submitted
to the Texas Aeronautics Commission prior to payment
of any funds under this agreement. Al1 fees, charges,
rents, and money from any source derived from airport
operations must be deposited in the Citv of Paris
Airport Fund, and shall not be diverted to the general
revenue fund or any other, special revenue fund of tlie
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 aaency for
approval by the staff.
16. When airport 1ighting i, part of a project, Sponsor
shall operate such lighting from sunset to sunrise
either manually or by radio control followiny comple-
tion of the project.
TAC Form 400-6 (3/83) Page 4 of 8
7. Insofar as reasonable and within its power, Sponsor
shall adopt and enforce comprehensive zoning reguia-
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 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 extendeci in writing by the
Cammission.
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 h1unicipal Airport Act, art. 46d-1,
et seq., VACS, and the Airport Zoning Act, art 46e-7,
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
No payrnent of State Funds will be made uritil a certified copy
of the resolution, order or ordinance establishing the Paris
Airport Fund, or attesting that such fund has previously been
established, has been received and approved by this office.
TAC Form 400-6 (3/83)
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 remec(ies:
(1) advise the Attorney Gerieral 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 Ai rport Fund i n pursui ng any remedy for
breach.
The Sponsor's acceptance of this Offer and ratification and adoption
of application for rant contract incorporated herein.shall be `
evidenced by execution of this instrument by the Sponsor, as here-
inafter provided, and said Offer and Acceptance shall camprise 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 ef~ective upon the Sponsor's
acceptance of this Offer anci 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 (3/83) Page 6 of 8
STATE OF TEXAS
By:
TEXAS AEROPIAUTICS COMMISSION
C. A. Wilkins, Executive
Director
Part ?I - Acceptance
The City of Paris does hereby rati fy and adopt al 7
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 day of
(Seal)
Attest: _ By:
Title:
19 .
Citv of Paris
(Sponsor} ~
Title:
TAC Forrri 400-6 (3/83) Page 7 of 8
Part III - Certificate of Attorne
acting as attorney for
, Texas, do hereby certify that I have fu11y
examined the foregoing Grant. Contract and the proceedings taken
by said Sponsor relating thereto, and find that the manner of
acceptance and executian thereof, of the said Grant Contract by
said Sponsor, is in acc:ordance with the laws of the State of Texas.
Dated at
19 .
(Seal)
, Texas, this
; Attest: _ gy.
Title.
TAC Form 400-6 (3/83)
Title:
day of
Page 8 of 8