HomeMy WebLinkAboutResolutions - 1972.06.15 - 15825Miscellaneous Resolution 6068 June 15, 1972
BY: TRANSPORTATION & AVIATION COMMITTEE - Niles E. Olson, Chairman
IN RE: OAKLAND-PONTIAC AIRPORT - GRANT AGREEMENT 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 Agreement, Michigan Aid to Airports Program Project No 8-26-0079-01
for the development and improvement of the Oakland-Pontiac Airport in a maximum
obligation of $314,000.00; and
WHEREAS the development includes obstruction removal, site work for the installa-
tion of an Instrument Landing System, construction of a 3,250' x 75' runway designated as
9R/27L and connecting and parallel taxiways; associated lighting of the runways and
taxiways; safety fencing; and extension of the terminal building apron; and
WHEREAS the Airport Committee and your Transportation and Aviation Committee
have 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 County of Oakland enter into a Grant
Agreement with the Michigan Aeronautics Commission for the purpose of obtaining state
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 said Grant Agreement on behalf of the County of Oakland,
a copy of said Agreement is attached hereto.
The Transportation & Aviation Committee, by Niles E. Olson, Chairman, moves
the adoption of the foregoing resolution.
TRANSPORTATION & AVIATION COMMITTEE
es E. ('son, Chairman
MICHI‘,AN AERONAUTICS COMMIS,ON
Department of Commerce
Capita! City Airport
Lansing, Michigan 48906
• AGREEMENT ON AIRPORTS UNDER THE
MICHIGAN AID AIRPORT PROGRAM
This Agreement entered into this day of , 19 72 by and between the _
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
WHEREAS, the Sponsor has submitted a request to the Michigan Aeronautics Commission for a grant of State
funds for a project at the _Qa1 Airport (herein called the Airport)
for the development o f Q11§,truetton rgmoval, relocate :utilities and grade for 115 &Tide
slope and localizer„Runway 911/271„; install safety fencing, a_pprox, 6,500_1.f.);
construct, light (1q.I.) and mark Runway 9L/27R (?2250 ' x 75 '), including.VASI and
REILS on both ends; construct, light and mark connecting and parallel taxiways
(7,235 ' x 40 ') (410 ' x 75') and holding apron (4,175 S.Y.); overlay apron approx.
17,600 S.Y,1; extend,light and mark terminal apron (approx. 17,000 S.Y.) WHEREAS, the Michigan Aeronautics Commission, acting in accordance with Act _81_ , Public Acts of 1910,
has approved such a grant in the amount of three hundred and fourteen thousand
Dollars 0_314 4,00,00_),
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 eligible 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:
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 Regulations; Act
251, PA 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.
(c) maintain said Airport in full operating condition on a year-round basis for a period of twenty
(20) years in accordance with the requirements set forth by the Commission rules and regulations.
(a)
(a)
(b)
(e)
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 accordaeee with the term, 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 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.
That in any agreement, contract, lease or other arrangement entered into after
, 1972,_ 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 reasonabfe 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 (b), the services involved will be provided on the same conditions as would apply to
the furnishing of such services by contractore 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 nonaeronautieal nature or to obligate
the Sponsor to furnish any particular nonaeronautical service at! the Airport,
7e1-70
7-1-70 -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 Airpert other than
facilities awned 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 eircemstances 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 WHEREOF, the parties hereto have executed this Agreement on the day and year first above
written.
In Witness Whereof:
City, Village, County of
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.
#6068
Moved by Olson supported by Gabler the resolution be adopted.
A sufficient majority [laving 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
. Resolution #6068 adopted by the Oakland County Board of Commissioners
at their June 15, 1972 meeting
• 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 - hove hereunto -set my hand and
affixed the seal of said County at Pontiac ., Michigan
16th June 72 this day of 19...
Lynn D. Allen Clerk
By ...................... ...... ......... ..... Deputy Clerk