Loading...
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