HomeMy WebLinkAboutResolutions - 1983.07.14 - 11553Miscellaneous Resolution 83 1 99 July 14, 1983
BY: PLANNING AND BUILDING COMMITTEE
IN RE: MICHIGAN AERONAUTICS GRANT PROGRAM FOR OAKLAND/PONTIAC AIRPORT
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is in receipt of a Michigan Aeronautics
Commission Grant Agreement, Project No M 63-1-C47, C48, C50, in the amount
of $62,508.00 for widening, overlay and lighting of Runway 4/22; overlay of
Runway 18/36; taxiway construction and lighting; and replacement of the
rotating beacon; 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 Michigan Aeronautics Commission has approved this program
and a grant in the amount of $62,508.00; 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 $62,508.00 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.
and
WHEREAS, the Michigan Aeronautics
haa approved aUch e grant in the amount of
Oa idallu Jac:
M 63-4-c47,c48,c50,
MICHIGAN AERONAUTICS COMMISSION
Michigan Disport/wont of Transportation
Copitol City Airport
Lansing , Michigan 44906
AGREEMENT ON AIRPORTS UNDER THE
MICHIGAN AID AIRPORT P • RAM
Thie Agreement entered into Chia _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 Sponeor, mind the
Michigan Aeronautics Commission, a Lustily axiating commission of the State of Michigan, referred to herein as
the Cowed/elan,
WITNESSET
WHEREAS, the Sponsor hse submitted • request to the Michigan% Aeronautics Coemission tin 4 grant of State
funds for a project at the Oakland-Pontiac oarport (herein called the Airport)
for the development of _ an& ligbt. -Ruuway e (gig
Taxiways N & H; overlay Runway
replace rot Ling b_eac_oz
.6148 111.2
Commission, acting in accordance with Act _475 PuOlic Acts of 19_7_8
Sixty—tVg- tolls a.ad f, dze -a.nci -el Rht
Lars
HoW THEREFORE, the Pirecior of the Michigan Aeronautics Commission, for and on behalf of the Commission,
hereby offers and agrees to pep, at the Staree !share of cost incurreaT to 5C):4 the Spenser' ahare of the eli-
gible final project cost as determined by the Commission. Funds shall not exceed the grant *mount for the deecribed
development. subject to the following conditions'.
I. That the Sponsor shall;
Carry Out and complete the project without undue delay and in accordance with the applicable
atatutory requirements and COMMiaaion raise and regulations, including but not limicad to the
following: Title VT, Civil Rights Act of 1944; Part 15, Federal Aviation Itegulattoots; Mr
251, PA 1955; Act 327, PA 1945 ea amended, R.259.20l et sesi of the Michigan Administrative
Code.
(b) Carry out 4fid Complete the project in accordance with the plans 4114 specifications incorporated
herein, as they may be rewired or modified with tfe epproval of the Michigan Aeronautics Com-
mission.
(c) Meintain said Airport in full operating condition on 4 year-round basis for & period of meaty
(20) year. in aeCordance with the requirements set forth by the Commiesion rules and regulations.
(a)
4,1y IN 7/741.
PA41/
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 term of this Agreement shall constitute
grounds for forfeiture of said project, and/or repayment of all grant amounta on a pro rata basis,
4. The Sponsor agreea that it will operate the Airport for the use and benefit of the public, on fair
and reasonable terms, and without unjust discrimination, la furtherance of this covenant (but without limiting
its general applicability and effect), the Sponsor specifically covenants and agrees:
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 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,iusert and enforce proviaions requiring the contrac-
tor:
(i) to furnish acid service on a fair, equal and not unjustly discriminatory basis to all
users thereof, and
(ii) to eharga 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 purcheeers.
(c) That it will not exercise or grant any right or privilege which would operate to prevent any
person, firm or corporation operating aircraft on the Airport from performing any services 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 referred to in sub-
section (b), the services involved will be provided on the same conditions as would apply to
the burnishing 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.
(a)
written.
In Witness Whereof; STATE OF MICHIGAN
9099 1.. TrIC sAat 3
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 shall 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 Sponeor.
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 standarda prescribed
in the plans and specifications incorporated herein.
B. The Sponsor will not make or permit the making of any changes or alterations in the Airport or any of
its facilities other then 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 parties hereto have executed this Agreement on the day and year first above
CR-lila/MINT County of 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„ 19_
In Witness Whereof; MICHIGAN AERONAUTICS CO1/5510N
By
Director
Executed by virtue of and pursuant to action of the
Michigan Aeronautics Commission.
#83199 July 14, 1933
19 83 July
Moved by Hobart supported by Jackson the resolution be adopted.
AYES: Moore, Nelson, Olsen, Page, Perineff, Pernick, Price, Rewold, Wilcox,
Caddell, Calandro, Doyon, Foley, Fortino, Geary, Gosling, Hobart, Jackson, R. Kuhn,
S. Kuhn, Lanni, Law, McConnell, McDonald, McPherson, Moffitt. (26)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MiCHIGAN)
COUNTY OF OAKLAND)
1, 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 #83199 adopted by the Oakland County Board of Commissioners
at their meeting held on July 14, 1983
with the original 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
14th day of this
-
LYNN DifALLEN, County Clerk/Register of Dee