HomeMy WebLinkAboutResolutions - 1977.08.18 - 130738129 Miscellaneous Resolution August 18, 1977
BY: PLANNING AND BUILDING COMMITTEE - Richard R. Wilcox, Chairman
IN RE: OAKLAND-ORION AIRPORT TAXIWAY 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 # M63-2-64 for the development and improvement
of the Oakland-Orion Airport in a maximum obligation of $65,000,00 of the total
project cost of $128,595.00; and
WHEREAS, the development project includes site work and the installation
of a taxiway parallel to the paved runway with connecting cross-overs and a
terminal apron; 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 # M63-2-64 with the Michigan Aeronautics Commission.
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
Ni
Capita l City Airport
Lanicing, Mrhigr 4890 ,5
inuol Act
active
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M,63 -2 -C4
r t s n
This Agreement entered into this _ _day of
County of Oakland
a legally existing political subdivisen of the State of Michigan, referred to herein as the Sponsor, and the
Michigan Aeronautics Commission, a legally existing cormnisnibn of the State of Michigan, referred to herein as
the Commission,
WITNESSET ll
WHER:7AS, the Sponsor has submitted a request to the Michigan Aarsnaotics Commiesior for a grant of S'iati,
funds for a project at the Oakland-Orion Airport (herein called the Airport)
for the -development of Rave taxiway and apron; markipg
and
WHEREAS, the Michigan Aerentutics Commission, acting in socordamic with Act 248 , Public Acts. of 19_ 7,.6
, 19 by and between the _
has approved such a grant in the amount of sixty -five thousand
— — - - -
Dollars (S._
NOW MEREFORE, the Director of the Michigan Aeronautics Commission, for and on behalf of the Commission,
pp 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 bucood the grant ocount for the descrlbod
development, subject to the following conditions.
1, That the Sponsor shall
(a) Carry out and complete the project without nnue delay and La aocordarne with the applicabo
statutory requirements and Cemmlssion rules and rognlations, including hut not limited te the
following: Title VI, Civil Rights Act of 1964; Pert 15, Federal Aviation r•
251, PA 1955; Act 327, PA 1945 as =ended; R.259.201 at seq of the fliobiun
Code.
(b) Carry out and co«,plete the project in accordance with the plans and spncifications inOOrporotni
herein, as they may be revised or modified with the approval of the Michigan Aer-,r7.•Itics Com-
mission.
(a) Maintain said Airport in full operating condition on a year-round basis for a period. of twenty
(20) years in acoordoi-e with the requirommm's set forth by the Co=isslon rules and regulations.
(b)
(c)
2. During the period referred to in paragraph 1(c) ahovs, 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:
(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 actions), 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 (71:ncludil ,.g the furnish-
ing or sale of any aho,)a;:tical parts, materials or supplies) essential to the operation of -
aircraft at the Airport, the Sponsor will insert and enforce provisiorm requi ring 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 ma .k.e 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 operata to prevent. any
person, firm- or corporation operating aircraft on the Airport -from performing any services 0-fl:
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 referrd to in sub-
section (b), the services involved will be provided on the same conditions az would apnly 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 c-cornice of an sw_rini,ivc right
for the furnishing of nonaviation produsts and supplies or any service of a honerogarical norure or to obligate
the Sponsor to furnish any particular uosaeroosutical service at the Airport
In 7,,rit:71,3S5 Whereof: State of Michigan
(Governing Body) of
adopted on A,D.,19_
+-
6. The Sponsor will oparate and maIntain in a safe and serviccale the Airport al-L.3 all fa
, iziss thereon and connected therewith whiah are necessary to serve the aeronautical users cif. Aitport otIier tnan
Eacilities owned or controlled by the United States in the State of Michigan; and Will not p6'z'mit any -i7ctivIry
thereor which would interfere with its use for airport purposes: 1;rovide'd, thar netlilng herein shall -be construed
as requiring the maintenance, repair, restoration or replacenent of any structure or facility which is substantiall y
dp,-,ged 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 easeuents 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 runwa y —of the
Airoort, which would constitute an obstruction to air navigation according to the criteria or standards preGcri ,Ded
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 CommissIcn
and the Federal Aviation Administration, if such changes or alterations might adversel y affect the safety, utility
or efficiency of the Airport.
9. Special Condition - See Below.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the da y and year first above
written,
County of _ Oakland
By
(Official authorized to sign contracts)
Executed and delivered by virtue of and, pursuant to •
Resolution of the
In ',Litness Whereof: MICHIGAN AERONAUTICS COMI'aSSION
By
Director
Executed by virtue of and pursuant to action of the
Michigan Aeronautics Commission.
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9. Special Condition: At such time as a Runway 9/27 may be constructed, and if the •
final approved location of such a Runway 9/27 makes it necessary to abandon or remove
the apron, then the Sponsor will construct approximately 4,000 square yards of apron
in an approved Master Planned location without State participation,
#8129 August 18, 1977
Moved by Wilcox supported by Patterson.the resolution be adopted.
AYES: Page, Patterson, Pernick, Peterson, Price, Simson, Wilcox, Daly,
DiGiovanni, Doyon, Fortino, Gabler, Gorsline, Kasper, Kelly, Lanni, McConnell,
McDonald, Moffitt, Moxley. (20)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
1 i4,11REBY APPROVE THE FOREGOING RESOr UTfON
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 #8129 adopted by the Oakland County Board of
Commissioners at their meeting held on August 18, 1977
.................... • • . • .................... “r00 n na n o• 4.0 Oe. ...... n• OOP
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
this .........18 th day of--N9P....-19J.7.
Lynn D. Allen Clerk
By„.. ..... „ .......... —.....„.„Deputy Clerk