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HomeMy WebLinkAboutResolutions - 1972.10.10 - 15933Miscellaneous Resolution 6142 October 10, 1972 BY: TRANSPORTATION & AVIATION COMMITTEE Niles E. Olson, Chairman IN RE: OAKLAND-ORION 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 Grant Agreement, Agreement on Airports under the Michigan Aid to Airports Program, Contract No. M63-2-C2, for the development and improvement of the Oakland-Orion Airport in a maximum obligation of $32,850.00; and WHEREAS the development is for the paving of the 2400 ft. x 60 ft. north-south runway; and WHEREAS the project is in conformance with the Master Plan adopted for the Oakland-Orion Airport by the Board of Commissioners on December 30, 1971; 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-Orion 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 and Aviation Committee, by Niles E. Olson, Chairman, moves the adoption of the foregoing resolution. TRANSPORTATION AND AVIATION COMMITTEE #6142 Moved by Olson supported by Gabler the resolution be adopted. A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) 1, Lynn D. Allen, Clerk of the County of Oakland and having a seal, do hereby certify that 11 have compared the annexed copy of Resolution #6142 adopted by the Oakland County Board of . „ •see...a•n•84 "de. .-"semeamaaegee•eeeleae•••••• eeeeeee a-atleitia••••• Commissioners at their October 10, 1.972 meeting eeeaseectee 00000000000000000000 e“aaeoaesse 0000000000000000 •••• 0000000 a 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 lr,reunto set my hand and affixed the seal of said County at Pontiac, Michigan 10th October 72 of .... 0000 0 0 Lynn D. Allen Clerk Deputy Clerk By has approved such a grant in the amount of Thirty two thousand oi&lity hundre MICHIGAN AERONAUTICS COMMISSION Dopanmont of Commerce Capitai City Airport Lansing, Michigan 48906 AGREEMENT ON ARPOTS UNDER THE MICHIGAN AD AIRPORT PROGRAM , 1972 , by and between the _ This Agreement entered into this _ day of Oakland County a legally existing political subdivision of the State of Michigan, referred to herein as the Sponsor, and the Michigan Aeronautics Commiesion, a legally existing commies ion of the State of Michigan, referred to herein as the Commieeion, WITNESS T WHEREAS, the Sponsor has submitted a request to the Michigan Aeronautics Commission for a grant of State funds for a project at the for the development of Oakland...Orion a paved N-S runmaz Airport (herein called the Airport) and ing in accordance with Act public Acts of 1471 _ Zia7 * _ • . Dollars ($ 32 $35 °')° ). NOW THEREFORE, the Director of the Michigan Aeroesutics Commiesion, for and on behalf of the Commission, ,up to 5074 hereby offers and agrees to pay, sio the State's share of cost incurred, / of the Sponsor's hare of the eligible final project cost as determined by the Commission. Fund,s shall not exceed the grant amount for the described development, subject to the following conditions; I. 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 Regulatione: Act 251, PA 1955; Act 327, PA 1945 as amended; R.259.201 at eeq of the Michigan Administrative Code. (b) Carry Out and complete the project in Oecordsnee with the plans and specifications incorporated herein, as they may be revised or modified with the approval of the Michigan Aerenauties 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 eat forth by the Commission rule* and regulations. *Special Condition to this grant states that the State funds shall be limited to 424,637.50, unless adequate property interests are acquired as stated in our letter to Mt. Vanderveon on August lO, 1972. 7-1-70 -1H WHEREAS, the Michigan Aeronautics Commission, ac 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 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 (including the furnish- ing or sale of any aeronautical parte, 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 ell 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 reasonabre and nondiscriminatory dis- counts, rebates or other similar types of price reductions to volume purchasers. (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 awn 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 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. 7-1-70 -2- (a) 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 planes 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 WBEREOF, the parties hereto have executed this Agreement on the day and year first above written. In Witness Whereof: win County of 0410.rAll (Official authorized to sign contracts) Executed and delivered by virtue of and pursuant to Resolution of the (Governing Body) of adopted on A.D., l9_ _ _ In Witness Whereof: MICHIGAN AERONAUTICS COMMISSION By Director Executed by virtue of and pursuant to action of the Michigan Aeronautics Commission, -3-