HomeMy WebLinkAboutResolutions - 1985.11.07 - 11278Miscellaneous Resolution No, 85318
By Planning and Building Committee - Anne M. Hobart, Chairperson
IN RE: Oakland/Pontiac Airport - MICHIGAN AERONAUTICS COMMISSION GRANT PROGRAM
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS by Miscellaneous Resolution No. 84232 the Oakland County Board
of Commissioners approved a Federal Aviation Administration Grant Agreement,
Project No. 3-26-0079-0284, for surface treatment for Runway 9R-27L at the
Oakland/Pontiac Airport; and
WHEREAS the County of Oakland is in receipt of a Michigan Aeronautics
Commission Grant Agreement in the amount of $25,200.00 for this same project;
and
WHEREAS the County's match is in the form of reimbursement for land
previously purchased and no additional County funds are required; and
WHEREAS the Airport Committee has reviewed and approved the Grant
subject to ratification by the Oakland County Board of Commissioners and
believe it to be in the County's interest to accept the Grant.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commis-
sioners accepts the grant award, Project No. 3-26-0079-0284, in the amount of
$25,200.00 from the Michigan Aeronautics Commission.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners
is hereby authorized to execute the Grant Agreement on behalf of the County of
Oakland.
Mr. Chairperson, on behalf of the Planning and Building Committee, I
move the adoption of the foregoing resolution.
Planning and Building Committee
1 HEFBY APPROVE THE FOREGOING RESOLUTION
Ft/,
-ya;ie, T. Murphy, Cot.m-i7y e.cut
- Date
MICHIGAN AERONAUTICS COMMISSION_
Michigan Department of Transportation
Capital City Airport
Lansing , Michigan 48906
Location
Oakland-Pontiac Airport 3-26-0079-0284
Project No.
4.7164,Si sIes
AGREEMENT ON AIRPORTS UNDER THE
MICHIGAN AID AIRPORT PROGRAM
This Agreement entered into this _ day of , by and between the
County of Oakland
a legally existing political subdiv,.sion of the State of Michigan, referred to herein as the Sponsor, and the
Michigan Aeronautica Commission, a legally existing commission of the State of Michigan, referred to herein as
the Commiaaion,
W 1TNESSET H:
WHEREAS, the Sponsor has aubmitted a request to the Michigan Aeronautics Commiaaion for a grant of State
fonds for a project at the Oakland-Pontiac
for the development of _ BitominDO_DYerlay, Crack Repair and Grooving
Ronway 9R/271_
and
WHEREAS, the Michigan Aeronautics Commission, acting in accordance with Act 1 67_ , Public Acts of 19",
Airport (herein called the Airport)
has approved such a grant in the amount of Twenty-Five Thousand Two-Hundred
wu. 0 25,200.00 ),
NOW THEREFORE, the Director of the Michigan Aeronautics Commission, for and on behalf of the Commission,
hereby offers and agrees to pay, as the State's share of cost incurreit D to 507k -gf the Sponsor's share of the eli-
gible final project cost as determined by the Commission. Funds shall not exceed the grant amount for the described
development, subject to the following conditions.
1. That the Sponsor shall:
(n) Carry out and complete the proiect withont olidne'delay and in accordance with r he applicshle
statutory requirements and Commission rules and regulations, including but not limited to the
following: Title VI, Civil Rights Act of 1964; Part IS, Federal Aviation Regulations; Act
251, PA 1951; Act 327, PA 1945 as amended;
Code,
R.259.201 et sag of the Michigan Administrative
(b) Carry out and complete the project in accordance with the plans and specifications incorporated
herein, as they may be revised or modified with the approval of the Michigan Aeronautics Com-
mission.
(c) Maintain said Airport in full operating condition on a year-round basis for a period of twenty
(20) years in accordance with the requirements set forth by the Commission rules and regulations.
103, 'hi 7,741
P A GC a
2. During the period referred to in paragraph I. (c) above, the Airport shall not be abandoned or ciosed
without the express written permission of the Commission.
3. Failure to operate said Airport in accordance with the terms of this Agreement shall constitute
grounds for forfeiture of said project, and/or repayment of all grant amounts on a pro rata basin.
4. The Sponsor agrees chat it will operate the Airport for the use and benefit of the public, on fair
and reasonable terms, and without unjust discrimination. in furtherance of this covenant (but without Limiting
its general applicability and effect), the Sponsbr specifically covenants and agrees:
(a) That in it operatior and the operation of all facilities on the Airport, neither it nor any
person or organization occupying space or facilities thereon will discriminate against any
person or class of persons by reason of race, color, creed or national origin in the use of
any of the facilities provided for the public on the Airport.
(b) That in any agreement, contract, lease or other arrangement entered into after
, 19_ , under which a right or privilege at the Airport is granted
to any person, firm or corporation to render to the public any service (including the furnish-
ing or sale of any aeronautical parts, materials or supplies) essential to the operation of
aircraft at the Airport, the Sponsor will insert and enforce provisions requiring the contrac-
tor:
(i) to furnish said service on a fair, equal and not unjustly discriminatory basis to all
users thereof, and
(ii) to charge fair, reasonable and not unjustly discriminatory prices for each unit or service:
Provided, that the contractor may be allowed to make reasonable and nondiscriminatory dis-
counts, rebates or other similar types of price reductions in volume purchasers.
(c) That it will not exercise or grant any right or privilege which would operate to prevent any
pol000, Ntia loo opol.atiop, ,o, Cho Alrpole !loop, pvelorsafoR aoy unVVI,V. "AI
its own aircraft with its own employees (including but not limited to maintenance and repair)
that it may choose to perform.
(d) In the event the Sponsor itself exercises any of the rights and privileges referred to in sub-
section (b), the services involved will be provided on the same conditions sa would apply to
the furnishing of such services by contractors or concessionaires of the Sponsor under the pro-
visions of such subsection (b)-
5. Nothing contained herein shall be construed to prohibit the granting or exercise of an exclusive right
for the furnishing of nonaviation products and supplies or uny service of a nonayronantical nature or tn obligate
the Sponsor to furnish any particular nonaernnsutical service at the Airport.
In Witness Whereof: STATE OF MICHIGAN
soss Is. 7174
..A*GE S
6. The Sponsor will operate and maintain in a safe and serviceable condition the Airport and all facil-
ities thereon and connected therewith which are necessary to serve the aeronautical users of the Airport other than
facilities owned or controlled by the United States in the State of Michigan, and will not permit any activity
thereon which would interfere with its use for airport purposes: Provided, that nothing herein ahall be construed
as requiring the maintenance, repair, restoration or replacement of any structure or facility which is substantially
damaged or destroyed due to any act of God or other condition or circumstances beyond the control of the Sponsor,
7. The Sponsor will, either by the acquisition and retention of easements or other interests in or rights
for the use of land or airspace, or by the adoption and enforcement of zoning regulations, prevent the construction,
erection, alteration or growth of any structure, tree or other object in the approach areas of the runways of the
Airport, which would constitute an obstruction to air navigation according to the criteria or standards prescribed
in the plans and specifications incorporated herein.
B. Thc 7iponaor win not make or permit the mektna of any changes or atrefations la die Airport or any ot
its facilities other than in conformity with the master plan as so approved by the Michigan Aeronautics Gmmnission
and the Federal Aviation Administration, if such changes or alterations might adversely affect the safety, utility
or efficiency of the Airport.
IN WITNESS WHEREOF, the parties hereto have execUted this Agreement on the day and year first above
written.
)00fxg)(DM14.)g County of Oak .] and
By
(Official authorized to sign contracts)
Executed and delivered by virtue of and pureuant to
Resolution of the
(Governing Body) of
adopted on_ _ _ A.M. 14_
Ie Witness Whereof; MICHIGAN AERONAUTICS COMMISSION
By
Director
Executed by virtue of and pursuant to action of the
Michigan Aeronautics Commiasion,
#85318 November 7, 1935
November 19 85 7th day o
ALLEN
Couniy Clerk/Register of Deeds
Moved by Hobart supported by Perinoff the resolution be adopted.
AYES: Aaron, Caddell, Doyon, Fortino, Gosling, Hassberger, Hobart,
R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald, McPherson, Moffitt, Moore,
Nelson, Olsen, Page, Perinoff, Pernick, Price, Rewold, Skarritt, Webb, Wilcox. (26)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and having a seal, .
do hereby certify that I have compared the annexed copy of the attached
Miscellaneous Resolution adopted by the Oakland County Board of Commissioners
at their meeting held on November 7, 1985
with the orginial record thereof now remaining in my office, and
that it is a true and correct transcript therefrom, and of the
whole thereof.
In Testimony Whereof, 'I have hereunto set my hand and affixed the
seal of said County at Pontiac, Michigan
this