HomeMy WebLinkAboutResolutions - 1978.10.10 - 12926Miscellaneous Resolution _ 8647 October 10, 1978
BY: PLANNING AND BUILDING COMMITTEE - Richard R. Wilcox, Chairperson
IN RE: OAKLAND-TROY AIRPORT - RESURFACING RUNWAY GRANT ALLOCATION WITH
MICHIGAN AERONAUTICS COMMISSION
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 allocation, ProjectM63-6-C1 for the resurfacing of the runway
at the Oakland-Troy Airport in an amount of $35,000 of the total project cost
of $70,000; and
WHEREAS, the County matching funds will come from the capital portion of the
Airport's budget and will not require any appropriation from the County's General
Fund; and
WHEREAS, the Airport Committee has reviewed and approved the Grant allocation
and believe it to be in the County's interest to accept the Grant.
NOW THEREFORE BE IT RESOLVED that the County of Oakland file and accept
the Grant agreement M63-6-C1 with the Michigan Aeronautics Commission.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners
is hereby authorized to execute the necessary Grant documentation on behalf of the
County of Oakland, a copy of said agreement is attached hereto.
The Planning and Building Committee by Richard R. Wilcox, Chairperson,
moves the adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Richard R. Wilcox, Chairperson
iAo. N. 63-6 S.-, 7174k
O
, 19_ , by and between the
M ICH !GAN A ONTCS CC SON; z
Michigan .'oportrriont of Stato 7ronsportafion
Capita: C Airport
Lansing, Michigan 43906
This Agreement entered into this day of _ _
County of Oakland
a legally existing political subdivision of the State of Michigan, referred to herein as the Sponsor, and the
Michigan Aeronautics Commission, a legally existing commission of the State of Michigan, referred to herein as
the Commission,
WITNESSET H:
WHEREAS, the Sponsor has submitted a request to the Michigan Aeronautics Commission for a grant of State
funds for a project at the Oakland—Tru
for the development of runway overlay
Airport (herein called the Airport)
and
WHEREAS, the Michigan Aeronautics Commission, acting in accordance with Act 232 , public Acts of 19_74
has approved such a grant in the amount of thirt7five thousand
Dollars 0 35,000„,00
NOW THEREFORE, the Director of the Michigan Aeronautics Commission, for and on behalf of the Commission,
up to 50%
hereby offers and agrees to pay, as the State's share of cost incurred, of 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:
(a) Carry out and complete the project without undue delay and in accordance with the applicable
statutory requirements and Commission rules and regulations, including but not limited to the
following: Title VI, Civil Rights Act of 1964; Parr 15, Federal Aviation Regulations; Act
251, FA 1955; Act 327, PA 1945 as amended; R.259.201 at seq 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.
(0 Maintain said Airport in full operating condition on a year-round basis for a period of twenty
(20) years in accord tb the requirements sat forth by the Commission rules and regulations.
),
(a)
(b)
(c)
4083 iN 7/74'
PACE
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 shall 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:
That in its operation and the operation of all facilities on the Airport, neither it nor any
person or organisation 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.
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 to volume purchasers.
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 (3), 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.
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 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 WHERE0f, the 'parties hereto have executed this Agreement on the day and year first above
written.
In Witness Whereof: State of Michigan
xyq,;;wzri,lc-wprcount;y 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 COMMISSION
By
Director
Executed by virtue of and pursuant to action of the
Michigan Aeronautics Commission.
REPORT
BY: FINANCE COMMITTEE, PAUL E. KASPER, CHAIRMAN
IN RE: OAKLAND-TROY AIRPORT GRANT APPLICATION
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairman, Ladies and Gentlemen:
The Finance Committee has reviewed subject grant and finds:
1) Total project cost to be $70,000, of which $35,000 or 50% is State
funded and $35,000 or 50% is County funded.
2) The County share will come from the Capital portion of the Airport's
Budget and will not require any appropriation from the County's
General Fund.
3) The grant is for resurfacing the runway at the Oakland-Troy Airport.
4) The grant is a one-time grant for a specific project.
5) Application or acceptance of this grant does not obligate the County
to future committments.
The Finance Committee recommends acceptance of the foregoing Report and
referral of the information contained therein to the Planning and Building
Committee in accordance to Miscellaneous Resolution #8145 Revised Federal and
State Grant Application Procedures.
FINANCE COMMITTEE
Paul E. Kasper, Chairman
#8647 October 10, 1978
Moved by Wilcox supported by Roth the rules be suspended for immediate
consideration of the resolution.
AYES: Wilcox, Aaron, Daly, DiGiovanni, Doyon, Fortino, Gabler, Gorsline, Hoot,
Kasper, Kelly, Lanni, McConnell, Murphy, Page, Patterson, Perinoff, Pernick, Peterson,
Price, Roth, Simson. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the motion carried.
Moved by Wilcox supported by Pernick the report be accepted and the resolution
be adopted.
AYES: Aaron, Daly, DiGiovanni, Doyon, Fortino, Gabler, Gorsline, Hoot, Kasper,
Kelly, Lanni, McConnell, Murphy, Page, Patterson, Perinoff, Pernick, Peterson,
Price, Roth, Simson, Wilcox. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the report was accepted and
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 #8647 adopted by the Oakland County Board of
OOO • • ............. OD•e•De• 000000 0000000000000 ••n•••O•O-OB•••••.O•••••• 004
Commissioners at their meeting held on October 10, 1378
00000 •asmo••06• •4>O0-00 e ad •••• 0000000 0.15••••••••••••••••••••••••.• v•••nP
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
10th October 78 this day of.... ....... .....19.„.
Lynn D. Allen......................Clerk
By ................ ......... ........Deputy Clerk