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HomeMy WebLinkAboutResolutions - 1983.12.08 - 11489EGOING RESOLLiT:C EREBY AT December 8th, 1983 Miscellaneous Resolution 83369 BY: PLANNING AND BUILDING COMMITTEE - Anne M. Hobart, Chairperson IN RE: MICHIGAN AERONAUTICS GRANT PROGRAM FOR OAKLAND/TROY AIRPORT TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution No. 83194 established the 1983 Capital Improvement Program for improvements of Oakland County Airports; and WHEREAS part of this program includes replacement and installation of a complete lighting system at Oakland/Troy Airport; and WHEREAS the Michigan Aeronautics Commission has approved this project and a grant in the amount of $43,250; and WHEREAS the County of Oakland is in receipt of a Michigan Aeronautics Grant Agreement, Project No. M 63-6-C7, in the amount of $43,250 for replace- ment and installation of a complete lighting system; and WHEREAS the County matching funds are included in the 1983 Airport Capital Improvement Program and no additional County funds are required; and WHEREAS the Airport Committee has reviewed and approved the Grant Agreement 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 Commissioners accepts the grant award in the amount of $43,250 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 REPORT TO PLANNING AND BUILDING COMMITTEE BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON IN RE: MICHIGAN AERONAUTICS GRANT PROGRAM FOR OAKLAND/TROY AIRPORT The Finance Committee has reviewed the Michigan Aeronautics Grant Program for Oakland/Troy Airport and finds: 1) That the replacement and installation of a complete lighting system at Oakland/Troy Airport is contained in the 1983 Airport Capital Im- provement Program as outlined by Miscellaneous Resolution #83194, 2) That the grant award in the amount of $43,250 from the Michigan Aeronautics Commission is contained as matching funds in the 1983 Airport Capital Improvement Program, 3) That the County matching funds are included in the 1983 Airport Capital Improvement Program and requires no additional funds, 4) That the Finance Committee recommends acceptance of said grant award, 5) That acceptance of this grant does not obligate the County except for the normal on-going repair and maintenance necessary for the upkeep of this system. Mr. Chairperson, on behalf of the Finance Committee, I recommend acceptance of the foregoing report and referral of the information contained therein to the Planning and Building Committee. / FINANCE COMMITTEE St* 0 0 It e — — and M 63-6-C7 Projr No. MICHIGAN .111-0NAU1ICS COMMISSION Michigan Department of Transportation Capital City Airport Lansing, Michigan 48906 AGREEMENT ON AIRPORTS UNDER THE MICHIGAL AID ,•-.1 ORT PROGRAM This Agreement entered into this _ _ _ day of , 19_ , by and between the — — — County of Oakland a legally existing political subdivision of the State of Michigan, referred to herein as the Sponsor, end the Mich: an Aeronautics Commission, a legally existing commission of the State of Michigan, referred to herein as the WITNESSET H: WHEREAS, the Sponsor has submitted a requeet to the Michigan Aeronautics Commtseion for a grant of State a project •st the Oakland-Troy Airport (herein called the Airport) for the development of MIRL Runway 9/27 & Lighted Wind Cone and Rotating Beacon 82 the Michigan Aeronautics Commie 280 sion, acting in accordance with Act _ , Public Acts of has approved such a grant in the amount of Forty-Three Thousand Two-Hundred Fifty rlonars ($ 43 '250 '00 ), NOW THEREFORE, the Director of the Michigan Aeronautics Commiseion, for and on behalf of the Commission, hereby offer, and agrees to pay, as the State's share of cost incorreY,P to 50 ,f the Sponsor's share of the eli. gible final project cost as determined by the Commiesion, Funds shall not exceed the grant amount for the described development, subject to the following conditions. 1. That the Sponsor shall: (a) Carry out and complete the project withoui undue delay and in accordance with the applicable statutory requirements and Commission roles and regulations, including but not limited to the following: Title. VI, Civil Rights At of 1964; Part 15, Federal Aviation Regulations; Act 251, PA 1955; Act 327, PA 1945 as amended; R.259201 at seri of the Michigan Administrative Code. (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. 0022 „PAGE 2 2. During the period referred to in paragraph 1(c) above, the Airport shall not be abandoned or closed without the express written permission of the Commission, 3. Failure to operate said Airport in accordance with the terms of this Agreement ehell constitute grounds for forfeiture of said project, and/or repayment of all grant amounts on a pro rata basis. 4. The Sponsor agrees that 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 Sponsor specifically covenants and agrees: (a) That in its operation 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 arransess nt 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 (aeluding the furnish- tag or sale of any aeronautical parts, materials or supplies) essential 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 1,:0 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 to volume purchasers, (c) That it will not exercise or grant any right or privilege which would operate to pressIs any person, firm or corporation operating aircratt on the Airport from performing 111 , on 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 r,1,.,-77c.1 to in sub- section (b), the services involved will be provided on the same conditions as 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 any service of a nonaeronautical nature„or to obligate the Sponsor to furnish any particular nonaeronautical service at the Airport , 7 ,741 Pas!: 2 4 ,2 6. The Sponsor will operate and maintain in a safe and serviceable condition the Airport and Cl, c,,11- ities thereon and connected therewith which are necessary to serve the aeronautical users of the Airport ot.h,: 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 hereto shall be construed as requiring the maintenance, repair, restoration or replacement of any structure or facility which is aubstantially aged or destroyed due to any act of God or other condition or circumstancea 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. 8. The Sponsor will not make or permit the making of any changes or alterations in the Airport or any of its facilities other than in conformity with the master plan as so approved by the Michigan Aeronautics Commission 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 partiea'hereto have executed this Agreement on the day and year first above written. In Witness Whereof: 1V4),0460,,A County o f_ Oakland_ By (Official authorized to sign contracts) Executed and delivered by virtue of and pursuant to - Resolution of the (Governing Body) of adopted on A.D,, (9_ In Witness Whereof: MtCHICAN AERONAUTICS COWLSSION By Director Executed by virtue of and pursuant to action of the Michigan Aeronautics Commission 8th d ay o f December 1 983 ALLEN County Clerk/Register of Deeds #83369 December 8, 1983 Moved by Hobart supported by Jackson the report be accepted. A sufficient majority having voted therefor, the motiori carried. Moved by Hobart supported by Moore the resolution be adopted. AYES: Lanni, Law, McConnell, McDonald, McPherson, Moffitt, Moore, Nelson; Olsen, Page, Perinoff, Pernick, Price, Rewold, Wilcox, Aaron, Caddell, Calandro, Doyon, Foley, Fortino, Gosling, Hobart, Jackson, R. Kuhn, S. Kuhn. (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 Miscellaneous Resolution #83369 adopted by the Oakland County Board of Commissioners at their meeting held on December 8, 1983 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