HomeMy WebLinkAboutResolutions - 1981.05.21 - 15320Miscellaneous Resolution 81174 May 7, 1981
BY: PLANNING AND BUILDING COMMITTEE
IN RE: AIRPORT LOAN FROM MICHIGAN AERONAUTICS COMMISSION FOR T-HANGARS
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 Airport Loan Program Agreement in the amount of $100,000 for
T-hangar related development; and
WHEREAS the funds are needed to provide T-hangars, taxiways, ramps and
drainage systems being constructed for relocated Oakland/Orion Airport aircraft
and additional demands for aircraft storage at Oakland/Pontiac Airport; and
WHEREAS the Loan is to be repaid at Thirteen Thousand Five Hundred
Eighty-seven Dollars and No Cents ($13,587) or more per year, representing
an interest rate of not more than six percent (6%) per annum on the unpaid
balance; and
WHEREAS the Airport Committee has reviewed and approved the Loan Agreement
and believes it to be in the County's interest to accept the Loan.
NOW THEREFORE BE IT RESOLVED that the County of Oakland enter into an
Agreement on Airports under the Michigan Airport Loan Program with the Michigan
Aeronautics Commission for the purpose of T-hangar related development in the
amount of $100,000 to be repaid from the Oakland/Pontiac Airport T-Hangar
System, but that no revenues from the T-Hangar System heretofore pledged for
the payment of principal and interest for bonds issued in 1977 for T-Hangar
System are hereby pledged by the agreement.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners
is hereby authorized to execute the Loan Agreement on behalf of the County of
Oakland, a copy of said agreement is attached hereto.
Mr. Chairperson, on behalf of the Planning and Building Committee, I
move the adoption of the foregoing resolution.
thirteen thou!,
Dcloortroc,nt of ys and Trans
Capitai Ai,' port
Lansing, 48906
AG .ANT —
MICHIGAN
eel
This Agreement entered into this _ _ day of _ _ _ , 1904 , by and between the
•
a legally existing political subdivision of the State of Michi gan, referred to herein as the Sponsor, and the
Michig an Aeronautics Commission, a legally existing commission of the State of Michi gan, referred to herein as
the Commission,
WITNESSET H:
WHEREAS, the Sponsor has submitted a re quest to the Michi gan Aeronautics Commission for a load of state
bends for the nd-Pontiac Airport (herein called the Airport) for the de-
velopment of , taxiways, and dreinaoRsystems
and
WHEREAS, the Michigan Aeronautics Commission, actin g in accordance with Act 107_ , Public Acts of 19 69
e authorizes such a loan in the amount of on hundrcl
Subject test .;hetAppnebrjs repayment in the following manner:
/
elrynty-seven Dollars, or more, on the first annual anniversary date of ':- eeeeec,ent, a like sum,
or more, on the anniversary date of every year thereafter until the entire sum of * is paid in ball,
plus interest at the rate of not more than 6*()C/ _ percent per annum on the unpaid balance, such pa yments to be
applied first to interest and the balance to be applied to the principal owin g , thus creating a new principal bal-
ance each year upon which the interest is to be calculated. In the event that an y payment remains unpaid for BO
days after due, all sum l unpaid ren :hall, et the option of the Coreet-sio:. beccme due and pie-ble at (-lee.
90 - -Ae..5rT k" 4t „
Agreement be secured by ... . ,
NOW THEREFORE, the Director of the Michigan Aeronautics Commission, for and on behalf c' ,ee Coe-Hasion,
hereby offers the loan subject to the following conditions:
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 ; Part 15, Federal Aviation Re gulations ; Act
251, PA 1955 ; Act 327, PA 1945 as amended ; R.259.201 et seq of the Michi gan Administrative Code.
(b) Carry out and complete the project in accordance with the plans and specifications as they may
•
be revised or modified with the approval of the Michi gan Aeronautics Commission.
(c) Maintain said Airport in full operatin g condition on a year-round basis for a period of twent y
(20) years in accordance with the re quirements set forth by the Commission rules and regulations.
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2. During the period referred to in paragraph 1(c) above, the Airport shall not be ablalaaaa or cloaed
without the express written permission of the Commission.
3. Failure to operate said Airport in accordance with the -arms of this Agreement shall constitute
grounds for forfeiture of said project, and/or repayment of , •aaaata 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 liinp
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 soy
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 (incluaing 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 ut't aa - aervice:
provided, that the cortnr may be allowed to make reasonabfe and nondii ,,:z-%
counts, rebates rebates or other similar types of price reductions to volume 1 ,nrc . •
(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) Ta the event the Sponsor itself exercises any of the rights and priv _ 1 erred to in sub-
section (b), the services involved will be provided on the same conditior - would apply to
the furnishing of such services by contractors or concessionaires of 6 a 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
toe Sponsor to furnish any particular nonaeronautical service at the Airport.
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e C.ninty of
In Witness Whereof: MICHIGAN AERONAUTICS GO1';;.aSSe
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 ehall be constreed
as requiring the maintenance, repair, restoration or replacement of any structure or facility which is uebeLantesiy
. 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 on .
for the use of land or airspace, or by the adoption and enforcement of zoning regulations, prevent the construct ,
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.
S. 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 Commissiee
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
written.
In Witness Whereof:
By
(Official e-IL,-.,-e.eed to sign (-
Executed and delle:et-:. by virtu- of
Resolution of the
(Governing Body)
adopted on _ _ _ _ A.D., ,
By
Director
Executed e of and e,
Michigan Acre ee Cole,,es,•
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a action of the
Minutes of the Airport Committee Meeting
March 30, 1981
Page 4
MICHIGAN AERONAUTICS COMMISSION AIRPORT LOAN PRO'‘'.
At the last meeting, Mr. VanderVeen reported that the Michigan
Aeronautics Commission has approved a loan in the amount of
$100,000 for the development of additional T-hangar related
facilities at Oakland/Pontiac Airport. The loan is to be repaid
at $13,587 or more per year, representing an interest rate of
not more than six percent per annum. Mr. Hays has reviewed and
approved the agreement. as to form.
Moved by Gabler, supporto.d by
DiGiovanni, that the Michqan
Aeronautics Commission k7ement
on Airports under the Michigan
Airport Loan Program for $100,000
for the development of T-hangars,
taxiways, ramps and drainage
systems at Oakland/Pontiac Airport
be forwarded to the Oakland County
Board of Commissioners with a
recommendation for approval.
Motion carried.
Another meeting was scheduled on April 2, 1981.
Meeting adjourned.
FISCAL NOTE
BY: FINANCE COMMITTEE, DENNIS MURPHY, CHAIRPERSON
IN RE: MISCELLANEOUS RESOLUTION #81174 - AIRPORT LOAN FROM MICHIGAN
AERONAUTICS COMMISSION FOR T-HANGERS
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-C of this Board, the Finance Committee has
reviewed Miscellaneous Resolution #81174 and finds acceptance of this
loan requires no County General Fund Appropriation.
FINANCE COMMITTEE
#81 1 74 May 21, 1981
day of May 19 81
EN
County Clerk/Register of Deeds
this 21st
Moved by Caddell supported by Jackson the report be accepted and Resolution #81174
be adopted.
AYES: Caddell, Cagney, DiGiovanni, Doyon, Fortino, Gabler, Geary, Gosling, Jackson,
Kasper, Lanni, McDonald, Moffitt, Montante, Moore, Murphy, Page, Patterson, Perinoff,
Pernick, Price, Whitlock, Wilcox, Aaron. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the report was accepted and
Resolution #81174 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 #81174 adopted by the Oakland County Board of Commissioners
at their meeting held on May 21, 1981
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