Loading...
HomeMy WebLinkAboutResolutions - 1984.08.30 - 11385REPORT BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON IN RE: OAKLAND/PONTIAC AIRPORT DIVISION-FEDERAL AVIATION ADMINISTRATION GRANT ALLOCATION The Finance Committee has reviewed the subject Miscellaneous Resolution and finds; 1) The County is in receipt of a Federal Aviation Administration (F.A.A.) grant allocation, Project No. 3-26-0079-0284, for purposes of runway improvement at the Oakland/Pontiac Airport, 2) The project consists of surface treatment for Runway 9R-27L, in accordance with the Airport Master Plan as adopted by the Board of Commissioners, 3) The grant allocation is a 907-10% match, with the F.A.A. committing a maximum of $385,500 of the total project cost of $428,400, 4) The County's match is in the form of reimbursement for land previously purchased, and therefore no additional County funds are required, 5) Acceptance of this grant allocation involves no long-term financial implication to the County. Mr. Chairperson, on behalf of the Finance Committee, I recommend the acceptance of the foregoing report, and the referral of the information contained herein to the Planning and Building Committee. FINANCE COMMITTEE /7) 1511 7 Miscellaneous Resolution 84232 August 30, 1984 BY: PLANNING AND BUILDING COMMITTEE - Anne M. Hobart, Chairperson IN RE: OAKLAND/PONTIAC AIRPORT GRANT ALLOCATION WITH FEDERAL AVIATION ADMINISTRATION TO THE OAKLAND COUNTY BOW OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen; WHEREAS the County of Oakland is in receipt of a Federal Aviation Administration grant allocation, Project No. 3-26-0079-0284, for the develop- ment and improvement of the Oakland/Pontiac Airport on a 50 percent matching 'basis in a maximum obligation of $385,500.00 of the total project cost of $428,400.00; and WHEREAS the development project consists of surface treatment for Runway 9R-27L in accordance with the Airport Master Plan as adopted by the Oakland County Board of Commissioners; 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 sand 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 County of Oakland enter into a Grant Agreement, Project No. 3-26-0075-0284, with the Federal Aviation Administration for the purpose of obtaining Federal aid for the development of the Oakland/Pontiac Airport. BE IT FURTHER RESOLVED that the Chairperson of the Board of Com- missioners 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, d move the adoption of the foregoing resolution. ‘, PLANNING & BUILDING COMMITTEE av,--3%lt -)11 al"-q-- - Anne M. Hobart, Chairperson I HERIP7 APPROVE THE FOREGOING RESOLUTION • ge4 :fsti V 1 T, ty E r'utiv 71111" Date Page • of 5 pages DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION • GRANT AGREEMENT Part 1 - Offer Date of Offer JUL 2 3 1984 Oakland-Pontiac Airport/PISAAW11144 Project No 3-26-0079-0284 Contraot No, AIP-FA84-GL-343 TO County of Oakland, Michigan (herein called the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated June 15, 1984 , for a grant of Federal funds for a project at the DaklandPontiac Airport/Ai together with plans and specifications for such development project, or the planning work definition for such Planning Project, which Project Application, as approved by the FAA, is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a 'project for the Airport or Panning Area (herein called the "Project") consisting of the following: Surface Treatment, Runway 9R/2714. all as more particularly described in the Projbct Application, FAA Form 5100-37 PG 1 (842) Page 2 of 5 pages WOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway,Improvement Act of 1982, herein called the "Act," and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application and its acieptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United Statea share of the allowable coats incurred in accomplishing the Project, 90 percentum thereof. This Offer is made on and subject to the following terms and conditions: Standard Conditions 1. The maximum obligation of the United States payable under this offer shall be $385,500.00 which is comprised of: -0- for planning $385,500.00 for development other than land -0- for land acquisition 2. The allowable coats of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under the Act. 3. Payment of the United States share of the allowable project coats will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United Stites share will be based upon the final audit of the, total amount of allowable project costs and settlement will 'be made for any upward or downward adjustments to the Federal share at (mate. 4. The sponsor shall comply with the Airport and Airway Improvement Act of 1962 and shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe and agrees to fully comply with the Part V Assurances which are attached to and become a part of this offer. 5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the sponsor. 6. This offer shall expire and the United States shall not be Obligated to pay any part of the costs o the project unless this offer has been accepted by the sponsor on or before August 31, 1984 or such subsequent date as , may be prescribed in writing by the FAA. FAA Form 5100-37 PG 2 (8-82) Page 3 of 5 Pages apeoial Conditions 7.. It is hereby understood and agreed by and between the parties hereto that the Federal Aviation Administration in tendering this Offer on behalf of the United etates of America recognizes the existence of an agency relationship between the County of Oakland, Michigan, as prin- cipal, and the Michigan Aeronautics Commission, successor to the Mich- igan Department of Aeronautics, as agent, created by the Agency Agree- ment on Airports entered into on August 24, 1967. The Sponsor agrees that it will not amend, modify, or terminate said Agency Agreement without prior approval, in writing, by the FAA. 8. It is hereby understood and agreed that: a. This grant offer is made and,accepted based upon the certifica- tions made by the Sponsor, dated December iS, 1983, and March 29, 1984. b. The acceptance of a certification shall be rescinded when it is determined that either (1) the Sponsor has not, in fact, complied with the requirement or requirements as stated in the certifica- tion or, (2) in the case of prospective compliance, it appears that the Sponsor will be unable or unwilling to comply with the requirement or requirements to which the certification relates. If either such determination is made after the grant agreement has been executed, the grant may be suspended in accordance with the • provisions of Part 152 of the Federal Aviation Regulations. 9. The Federal Government does not now plan or contemplate the construc- tion of any structures pursuant to Paragraph 15 of Part V, Assurances, of the application dated June 15, 1984; and therefore it is understood and agreed that the Sponsor is under no obligation to furnish any new areas or new rights without cost to the Federal Government under this grant agreement. However, it is agreed and understood that the rights of the United States to cost free areas obtained under unexpired grant agreements with the Sponsor are extended for 20 years from the date of this grant agreement. Furthermore, the responsibility for paying the cost of relocating any facilities located in such cost free areas shall be made in accordance with Advisory Circular 150/5300-713, FAA Policy on Facility Relocations Occasioned by Airport Lmprovements or Changes. 10. The Sponsor hereby covenants and agrees that it will not cause or . permit any structure or object of natural growth to extend above the light planes within the land area (presently or hereafter owned or controlled by the Sponsor) comprising the site of any Approach Light System serving the aforesaid airport. The' site is an area extending 2,600 feet outward from the approach threshold of the runway served and 400 feet in width located symmetrically About the extended runway , centerline. The dimensions and slopes of the light planes shell be consistent with AC 150/5300-2 as applied to actual light elevations: FAA Form 5100-37 P0 3 (8-82) • Page 4 of 5 Pages 11. It is understood and #greed by and between the parties hereto, that the United States shall withhold all payment under this project until the Sponsor has submitted updated MBE goals and same have been ap- proved by the FAA Office of Civil Rights. 12. It is further anderstood and agreed that FAA approval of the project included in this agreement is conditioned on the Sponsor's compliance with applicable air and water quality standards in accomplishing pro- ject construction and in operating the airport; further, that failure to so comply may result in suspension, cancellation, or termination of Federal assistance under this agreement. 13. The parties hereto recognize that a continuing need exists for parking space for Government owned and controlled automotive equipment used or assigned for use in serving FAA facilities and equipment on or in the vicinity of the airport. It is agreed by the parties hereto that the Sponsor will continue to provide, without charge, designated parking space as now exists in reasonable proximity to FAA operations for such automotive equipment and that no change or modifications will be made in such designation without the consent of the parties hereto or their designated representative. The parties hereto further recognize the need for adequate parking space for the motor vehicles used by the FAA employees for transporta- tion to their place of employment and assigned duty stations on the airport. It is fully understood by and between the parties hereto that the Sponsor has made adequate parking space available to these employees on terms that are as favorable as those provided to the Sponsor's employees and the employees of others having duty stations on the airport. It is agreed by the parties hereto that the relation- ship now existing with respect to automobile parking space for FAA employees will continue and that no change will be made to alter this relationship or to either curtail or enlarge the demand for the park- ing facilities designated without the consent and concurrence of the parties hereto or their designated representative. By.* AA1441 Tule Managert Alxvorts Disdict Office Part II - Acceptance • - Page 5 of 5 pages .The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application 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, as provided by the Airport and Airway Improvement Act of 1982, constituting the obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor'a acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION The Sponsor does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept said Offer and by such acceptance agrees to all of the terms and conditions thereof. Executed this (SEAL) Attest: Title: CERTIFICATE OF SPONSOR'S ATTORNEY day of , 19 . .g9Vq17,9f.9ftWili.1.40inn (Name of Sponsor) By 1 acting as Attorney for the Sponsor do hereby certify: That I have examined the foregoing Grant Agreement and the proceedings taken by said Sponsor relating thereto, and find that the Acceptance thereof by said Sponsor has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the State of Michigan and the Act and further that, in my opinion, said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at this day of 19 . Title FAA Form 5100-37 Last PG (8-82) #84232 August 30, 1984 Moved by Hobart supported by Perinoff the resolution be adopted. AYES: Lanni, Law, McDonald, McPherson, Moffitt, Moore, Nelson, Olsen, Page, Perinoff, Price, Rewold, Caddell, Doyon, Foley, Fortino, Gosling, Hobart, Jackson, R. Kuhn, S. Kuhn. (21) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY Cc :MAKI) I, Lynn D. Allen, Clerk of the County of Oakland and haying a seal, do hereby certify that I have compared the annexed copy of Misrellaneous_Resolution #84232 adopted by the Oakland County Board of Commissionqrs M- their meetinv held on August 30. 1984 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, have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan this 30th day of 4011 August 19 84 deL susi - County Clerk/Register of Deeds ALLEN