HomeMy WebLinkAboutResolutions - 1977.08.18 - 13071Miscellaneous Resolution 8127 August 18, 1977
BY: PLANNING AND BUILDING COMMITTEE - Richard R. Wilcox, Chairman
IN RE: OAKLAND-PONTIAC AIRPORT, OVERLAY & EXTENSION OF RUNWAY 9R/27L GRANT
ALLOCATION WITH MICHIGAN AERONAUTICS COMMISSION
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairman, Ladies and Gentlemen:
WHEREAS, the County of Oakland is in receipt of a Michigan
Aeronautics Commission Grant allocation project #5-26-0079-02 for the
development and improvement of the Oakland-Pontiac Airport in a maximum
obligation of $250,000.00 of the total project cost of $1,477,416.16; and
WHEREAS, the development project consists of overlay and 900 foot
extension of runway 9R/27L and associated fencing and lighting; and
WHEREAS, the Airport Committee has reviewed and approved the Grant
allocation and believe it to be in the County's interest to accept the Grant.
NOW THEREFORE BE IT RESOLVED that the County of Oakland enter into
a Grant agreement #5-26-0079-02 with the Michigan Aeronautics Commission for
the purpose of obtaining Federal aid for the development of the Oakland-Pontiac
Airport.
BE IT FURTHER RESOLVED that the Chairman of the Board of Commissioners
is hereby authorized to execute Grant agreement on behalf of the County of
Oakland, a copy of said agreement is attached hereto.
The Planning and Building Committee by Richard R. Wilcox, Chairman,
moves the adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Richard R. Wilcox, Chairman
AID MR
W.LTNESSETR:
(20) years in accordance with the requireraeura set forth by the On rules 5:,7,4
This Agreement entered into this _ _ day of _
-County Of Oakland
a legally existing political .subdiviaion of the State of Michigan, refe
by and between the _ _
c0 to herein as the Sponsor, and the
Michigan Aeronautics Commission, -a legally exist -Log commistion of the Stare. of Michigan, referred to herein as
the Commission,
J=AS, the
f.ands for a project at
for the develo7nenn of
construct txy.
med. -intens -rtv
and
Sponsor has submitted a request to the Michigan Aeronautics Commission for a grant of State
the Oakland-Pontiac Airport (herein called the Airport)
overlay rc 9R/27L & tx.y. C; construct ext. for rw5. 9R/27L & txy. C;
G with holding_ aLrons & txy. E leholdirig aprons,; high intoni,ty light,
lights, •REIL's, vault worki_perimeter fencing
the Michigan Aertunias Cemminsion, acting in e7 ,7,=,',:-.Ce with Act 248_ , PnIllie Acts of 197 ..
has approved such a grant in the amonnt nF two-hundre ,1 fifty-thousand _
Dollars ($ 250,000.4.00 )
NOW MEREFCRt, the Director of the Michigan Aeronautics for and on behalf of the Commlasion,
up to 50%
hereby offers and agrees to pay, as the State's share of cost itcnrre.l., of the C,Rennor's share. oil the eli-
gible final project cost as determined by the Commission. Punetsabtl 1 r_ot emench the grant rtmonnto for the deseribed
development, subject to the following conditions.
1. That the Sponsor shall: .
(a) Carry out and Complete the project without undue delay arid in acc.olanc wit'n the. appTicahl
• statutory requirements -and Commiasion fnles
following: Title VT, Civil Rights Act. of 15E1; Pa -sr 15, rad
inciudin hut not limited to the
A.,st;
251,. PA 1955; Ant 327, PA 1945 as amended; 9,259.201 er seq of the Mic'hig.i) Alminist
Code.
(b) Carry out and -omplote. the project in aceoranee with the plans and specifications- Irene
herein, as they may be revised or modified with the a7-17rov .7.1 of the MiJ-11:Lan Anrm5,,,nntic.s. E7om-
mission.
(e) MaintaiR said Airport in full operating condlion on a year-round basis for a period of twenty
cb)
(c)
(d)
2. During the period referred to in paragraph l(c) a -17,3-7o, the Airport shall not he abaodonad 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:
(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 agaipst 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 Ai rport.
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 servico (including the burnish-
ing or sale of any aeronautical parts, materials or supplies) essential to the operation of
aircraft at tha- 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 htit to all
users thereof, and
(ii) to charge fair, reasonable and not unjustly discriminatory prices for oac:h unit or torvice
• Provided, that the contractor may be sunned to make reason:11:1"e and nondiscriminatory dis-
counts, rebates or other similar types of price re,thiCA:1 CMS to 11D1%lrIc p,11:7:haSers.
That it will not exercise or grant any right or privilege which would operate to pro:year any
person, firm or corporation operating aircraft on the. Airport from performing any aervices on
its own aircraft with its own employees (including but not limited to naintenance and repair)
that it may choose to perform.
In the event the Spon s or itself exercira any of the rights are privileges referred to in sub-
section (b), the services involved will be provided on the same conditlonp as would apply to
the furnishing of such services by contractors or concoasionairee of the Sponsor under the pro-
visions of such subsection (b).
S. Nothing contained herein shall be construed to prohibit the grating or e-mr.c.F.-e. of an e-Aclus7lve right
for the furnishing of nonaviation products aud supplies or any service of a nonoornrautical na.t.ure or to obligate
the Sponsor to furnish any i?artioulsr nonaexorautioal service at the Airport.
7-1-70
Executed and delivered by virtue of and pursuant to
Resolution of the
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 acronautial 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: Provtded, 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 Spoesor,
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 vronla constitute an obstruction to air navigation according to the criterta or standards prescribed •
in the plans and specifications incorporated herein.
8. The Suonaor 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 efficidncy of the Alry.ort.
IN WITNESS W777.7:E, the parties hereto have executed this Agreement on the day and year first above
written.
In Witness Whereof:
_ —
Governing Body) of
adopted on A.1),, 19
in Witness Whereof: =ICS COMMISSION
By
Director
Executed by virtue of and pursuant to action of the
Michigan Aeronautics co=issien.
7 -1-70 -3-
#8127 August 18, 1977
Moved by Wilcox supported by Patterson the resolution be adopted.
AYES: Moffitt, Moxley, Murphy, Page, Patterson, Perinoff, Pernick,
Peterson, Price, Simson, Wilcox, Daly, DiGiovanni, Doyon, Fortino, Gabler,
Gorsline, Kelly, Lanni, McConnell, McDonald. (21)
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 #8127 adopted by the Oakland County Board of
•e. owe e • e ..... 6... P.• • ...... P.• .............. .• se r ...........
Commissioners at their meeting held on August 18, 1977
1./D• f.• • ••n••“•••••• • ••• • ................................ ..... .........
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
Lynn
Clerk