1874 RES COP ON 28TH DAY OF APRIL 1978 MADE APPLICATION FOR STATE ASSISTANCE TO TX AERONAUTICS COMM REQUESTING PARTICIPATION IN COST OF COX FIELD IMPROVEMENTSRESOLUTION N0, 1874 .
WHEREAS, the City of Paris did heretofore on the 28th day of
April, 1978, make application for state assistance to the Texas
Aeronautics Commission, requesting state participa~ion in the cost
of certain improvements at Cox Field Airport; and,
WHEREAS, TAC has issued a Grant Offer which, if duly
accepted, provides a commitment of $12, 500. 00 in state funds for
development specified therein; and, ~
WHEREAS, it is determined to be in the best interest of the
City of Paris, Paris, Texas, to accept this Grant Offer; NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, That the City of Paris does hereby accept the provisions of
said Grant Offer, a copy of which is attached hereto as Exhibit A
and incorporated herein for all purposes.
BE IT FURTHER RESOLVED, That the City Manager,
Robert W. Sokoll, be, and he is hereby authorized and directed
to execute said Grant Offer on behalf of the City of Paris.
Passed and adopted this 12th day of June, 1978.
4
~
ichael E. Malone, Mayor
ATTEST:
,
"~.,J~ J f~' ~ - ~i
~H. C. ~ Green~e, City erk
APP OVED TO FORM:
. K. Ha nes, ity ttorney
TEXAS AERONAUTICS COMMISSION
GRANT AGREEMENT
Part I - Offer
Date of Offer: May 8, 1978
TAC Project No: 785-14
T 0: 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")
tdHEREAS, the Sponsor has submitted to the Commission an application
for grant dated April 28, 1978 , for a project for development
of the Paris Cox Field Municipal Ai rport, together wi th pl ans and
specifications for such project which application for grant as a roved
b_y the Commission is hereby incorporated and made a part of this jrant
by reference so as to have the same effect as though repeated herein;
and
bJHEREAS, the Sponsor certifies that it has available in cash and/or
in other acceptable form the resources for the undertaking and suc-
cessful completion of this project; and
WHEREAS, the Commission has approved a project for development of the
Airport (herein called the "project") consisting of the following
described airport develonment:
Pave multiple T-hangar apron
TAC ORIGINAL
TAC FORM 400-6 (Rev. 11/76) Page 1 of 6
EXHIBIT A
NOW THEREFORE, pursuant to and for the nurpose of carrying out the
provisions of the Texas Aeronautics Commission Act as amended, and in
consideration of (a) the Sponsor's adoption and ratification of"the
conditions comprising this Offer as hereinafter provided, and (b) the
benefits to accrue to the State of Texas and the pub]ic from the ac-
complishment of the project and the operation and maintenance of the
Airport as herein provided, THE TEXAS AERONAUTICS COMMISSION, FOR AND
ON BEHALF OF THE STATE OF TEXAS, HEREBY OFFERS AND AGREES to pay, as
the State of Texas' share of the allowable costs incurred in accom-
plishing the project, 50 _ per centum of all allowable costs,
or the maximum obligation of the State payable under this Offer,
whichever is the lesser.
This Offer is made on and subject to the following terms and conditions:
1. The period of this agreement 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 $12,500
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 July. 1, 1978 _
ill constitute just cause for
obligations af the State of
the Commission, unless at the
the Commission grants additional
b. Carry out and complete the project without undue
delay and in accordance with the plans and specifi-
cations which are incorporated herein. The Commission
has the option to withhold the payment of any State
funds unless the plans and specifications have been
completed and approved by the Commission.
c. Make every reasonable attempt to complete the project
on or before January 1, 1979
4. The allowable costs of the project shall not include any
costs determined by the Comrnission to be ineligible for
consideration as to allowability.
5. Grant payments to the Sponsor may be authorized upon appli-
cation to the agency. Payments of the State of Texas' sfiare
of the allowable project costs will be made in proportion
to the amount of the project satisfactorily complQted at
the time of the payment application. No more than ninety
(90) percent of the total grant will be paid prior to the
completion of the prnject. The remaining ten (10) percent
will be paid only after the staff has inspected and approved
the completed project.
TAC FORM 400-6 (Rev. 11/76)
Page 2 of 6
6. The airport or navigational facility shall remain under
Sponsor's control during the period of this agreement.
7. The airport or navigational facility shall be maintained
by Sponsor in a safe and serviceable condition during the
period of this agreement.
8. Consistent with safety and security requirements, Sponsor
shall make the airport or air navigational facility available
to all users and shall provide adequate 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. Aeronautical activities
include, but are not limited to, scheduled airline flights;
charter flights; flight instruction; aircraft sales, rental
and repair; and aerial application. The landing area consists
of runways or landing strips, taxiways, parking aprons, roads,
airport lighting, and navigational ai,ds.
10. Land identified in Sponsor's grant 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.
11. Sponsor, if requested by the agency, shall submit to the
agency annual statements of airport or air navigational
facility revenues and expenses.
12. Al1 fees collected for use of an airport or navigational
facility constructed with funds granted under the program
shall be reasonable and nondiscriminatory. The proceeds
of such fees shall be used solely for the development,
operation and maintenance of the airport or navigational
facil ity.
13. All development of an air
funds shall be consistent
approved by the staff and
reproducible copy of such
ifications thereto, shall
approval by the staff.
port constructed with program
with the airport layout plan
maintained by Sponsor. A
plan, and all subsequent mod-
be filed with the agency for
14. When airport lighting is part of a project, Sponsor shall
operate such lighting from sunset to sunrise following
completion of the project.
15. Insofar as reasonable and within its power, Sponsor shall,
either byacquisition and retention of easements or other
interests in or rights to the use of land or airspace,
or by the adoption and enforcement of zoning regulations,
take actyoti tc; restric'c the use oi lund adjacent tu or °in
immediate vicinity of the airport to activities compatible
with normal airport operations. &
TAC FORM 400-6 (Rev. 11/76) Page 3 of 6
16. The agency shall not be a party to any contract or eom-
mitment which Sponsor may enter into or assume in carryiny
out the project.
17. 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.
SPECIAL CONDITIONS:
18. None.
BREACH
Of primary importance to the Commission is compliance with the terms
and conditions of this agreement. If, however, after all reasonable
attempts to require compliance have failed, the Commission finds that
Sponsor is unwilling and/or unable to comply with any of the terms and
conditions of this agreement,or the application incorporated herein,
the Commission may, in its discretion, (1) require a pro rata refund
of money granted herein, depending upon the time of breach, (2) deny
Sponsor's future requests for state aid, or (3) advise the Attorney
General to bring suit seeking reimbursement of amount paid to Sponsor
by the State, pursuant to the Grant Agreement.
The Sponsor's acceptance of this Offer and ratification and adoption
of application for qrant incorporated herein shall be evidenced by
execution of this instrument by the Sponsor, as hereinafter provided,
and said Offer and Acceptance shall comprise a Grant Agreement, con-
stituting the obligations and rights of the State of Texas and the
Sponsor with respect to the accomolishment of the project and the
operation and maintenance of the Airport. Such Grant Agreement 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 (Rev. 11/76) Page 4 of 6
STATE OF TEXAS
TEXAS AERONAUTICS COMMISSION
,
By . _
harl es Mur y, Di ctor
Part II - Acceptance
The ciry of Paris does hereby ratify and adopt al l state-
ments, representations, warranties, covenants and agreements con-
stituting the described project and incorporated materials referred
to in the foregoing Offer, and does hereby ac.cept the Offer, and by
such acceptance agrees to all of the terms and conditions thereof.
Executed this 12th day of
(Seal)
June
19 78
.
~ City of Paris
Sponsor
Attest:
H. C. Greene
T i t 1 e: City Clerk
By .
o ert W. o 0
T i t 1 e: City Manager
TAC FORM 400-6 (Rev. 11/76) 0 Page 5 of 6
Part III - Certificate of Attorney
I, T. K. Haynes , acting as attorney for CITY OF PARIS,Paris,
Texas, do hereby certify that I have fully examined the foregoing
Grant Agreement and the proceedings taken by said Sponsor relating
thereto, and find that the manner of acceptance and execution
thereof, of the said Grant Agreement by said Sponsor, is in
accordance with the laws of the State of Texas.
Dated at Paris , Texas, this 12th day of June
19 78 . .
(Seal)
Attest:
. C. reene
T i t 1 e: City Clerk
By : _
T. K. Haynes
T i t 1 e: _~iry Attnrney
TAC FORM 400-6 (Rev. 11/76) Page 6 of 6