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HomeMy WebLinkAboutResolutions - 1988.07.14 - 17440July 14, 1988 FISCAL REPORT BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON IN RE: OAKLAND/PONTIAC AIRPORT - MICHIGAN AERONAUTICS COMMISSION GRANT PROGRAM- MISCELLANEOUS RESOLUTION #88164 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed Miscellaneous Resolution #88164 finds the following. I) The Airport committee, in establishing its capital improvement program, utilizes several funding sources (per M.R. #88125). 2) A grant from Michigan Aeronautics Commission was applied for to improve runways and construct security fencing. 3) The Michigan Aeronautics Commission agrees to award a grant for a noximum of $50,200. 4) The Federal Aviation Administration has granted a maximum of $500,000 towards this project. Acceptance of funds ware approved per M.R. #88128. 5) No additional County funds are required. 6) Acceptance of this grant does not obligate the County to any future additional financial commitments. Mr. Chairperson, on behalf of the Finance Committee, I move the acceptance of the foregoing report. FINANCE COMMITTEE 'Daniel T,(Murphy4 Gou•v ExéçiutiVe /DATE, June 23, 1988 Miscellaneous -.Resolution -88164 BY:- TRANSPORTATI .CIi'.. - James •E. Lanni, Chairperson _ . - EN RE: OAKLAND/PONTIAC AIRPORT - MICHIGAN T.ERONAUTICq COMMISTON GRNT PROr,RAM TO THE OAKLAN.7) COUNTY BOARD OF COMMISSIaMRS Mr., Chairpersdn, Ladies and Gentlemen: WHEREAS the County of Oakland is in receipt of a Michigan Aeronautics Commission grant agreement, Project No 3-26-0079-0688, in the amount of $50,200 for the development and improvement of Oakland/Pontiac Airport; and WHEREAS the development project consists of surface treatment of Runway 9R1271, to improve braking action and drainage, construction of a blast pad, extension of Taxiway "B", and construction of security fencing in accordance with the Airport Master Plan as adopted by the Oakland County Board of Commissioners; and WHEREAS the County's match is in the form of reimbursement for land previously purchased and no additional County funds are required; and WHEREAS the Airport Committee has reviewed and approved the grant subject to ratification by the 'Oakland County Board of Commissioners and believe it to be in the County's interest to accept the grant. NOW THERaPORE BE IT RESOLVED that the County of Oakland accepts the grant award, Project No 3-26-0079-0688, in the amount of $50,200 fromm the Michigan Aeronautics Commission. BE IT FURTHER RESCUED that the Chairperson of the Oakland County Board of Commissioners is hereby authorized to execute the grant agreement on behalf of the County of Oakland. Mr. Chairperson, on behalf of the Transportation Committee, I move the adoption of the foregoing resolution. IN 7717;ji7 • TRANS , . Lanni, Chairperson RTATION COMMITTEE I HEREBY APPROVE THE FOREGOING RESOLUTION MICHIGAN AERONAUTICS COMMISSION Michigan D•partment oi Transportation Capita: City Airport Lansing , Michigan 411,06 Oakland-Pontiac 3-2E-0079-0588 Location Project No. AGREEMENT ON AIRPORTS UNDER THE MICHIGAN MD AIRPORT PROGRAM This Agreement entered into this day of • 19_ , by and between the — County of Oakland a legally exiating political suladiv.aion of the State of Michigan, referred to herein as the Sponsor, and the Michigan AardieellEiCS Commies/On, a legally existing commisoton of the State of Michigan, referred to herein AA 044 Commission, WITNESSET R: WHEREAS, the Sponsor has submitted a request to the Michigan Aeronautics COeatieeiot for a grant of State Oakland-Pontiac funds for a project At the Airport (heroin called the Airport) for the development of Bit. PFC 9R/271...; Fencin_g_; TarLway cad WHEREAS, the Michigan Aeronautics Commisoion, acting in accordance with Act _205. public Acts of 1986 has approved such a grant in the amount of fif_tYtth9 uard _twc-i -wractned Dollars (f, 9 • 50 200.00 N)w THEREFORE, the Director of the Michigan Aeronautics Comaisaion, for and on behalf of the Commission, hereby offers and agrees to pay, es the State's share of cost incurred,UP at to 5f)ii. the Sponsor's share of the eli- gible final project cost as detereined by the Commistion. Funds shall pot exceed the grant amount for the described development, subject to the following conditions. 1. That the Sponsor shall: (a) Carry nut and.00mpisto the prOjeCt witbout undue delay and in accordance with Itur appiLcanle statutory requirements and Commission rulem 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 227, PA 1945 as amended; R.259.201 at aeq of the Michigan Administrative Cods. (b) Carry out and complete the project in accortance with the plane and specifications incorporated herein, AA 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 Commiesion rules and regulations. (a) 2. During the period referred to in paragraph 1(c) above, the Airport shall not be abandoned or closed taithout the oapreas written permission of tha Commission. 3. failure to operate said Airport in accordance with the taros of this Agreement shall constitute grounds for forfeiture of said projact, and/or repayment of all grant amounts on a pro rats basis. 4. The Sponsor Agrees that it vill operate the Airport for the use and benefit of the public, on fair cod raaaonable terms, and without unjust discrimination. In furtherance of this covenant (but without limiting its general applicability and effect), the Sponsbr specifically covenants and agrees: That in its operatior and the operation of all facilities on the Airport, neither it nor any person or oraanisation occupying space or facilities thereon will discriminate against any person or claas of persona by reason of race, color, creed or national origin in the um: of any of the facilities provided for the public on the Airport. (b) That in any agreement, contract, lease or other arranaamont 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 parts, matartals or supplies) essential to the operation of aircraft at the Airport, the Sponsor will insert and enforce proviaiona requiring the contrac- tor: (i) to turoiah said service on a fair, equal and not unjustly diocrlminatory Oasis to all users thereof, and (ii) to charge fair, raaapoabIe and not unjustly discriminatory prices for oath unit or service Provided, that the contractor may be allowed to %aim reasonable and nondiscriMinatory dis- counts, rebates or other 'similar typos of price reduction': to volume purchasers. (c) That it will not exorcise or grant any right or privilege which mould operate to prevent any person, firm or corporation operating aircraft on the Airport froM performing any services on its owls 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 exorcises any of the rights are privileges referred to in sub- section (b), the services involved wIll be provided on the oases conditions as would apply to the furnishing of such services by contractors or concessionaires of the Sponsor unUer the pro- visions of ouch subsection (b). 5. Nothing contained hereto shall be construed to prohibit the granting or exercise of an exclusive right for the furnishing of nonoviation prodocte and supplies or any service of a noneerooauticaI nature or to obligate the Sponsor to furnish any particular nonaeronaucical oarvice at the airport. written In Wien:see Whereof: STATE OF MICHIGAN G. The Sponsor will operate and maintain in a safe and serviceable condition the Airport. and_all facil- itiee thereon sled coenected therewith which are necessary to serve the aeronautical users of the Airport other , than facilitiea owned or controlled by the 'United States in the State of Michigan, and will not permit any activity thereat which would interfere with its use for airport purposes: T-rovided, that nothing herein shall be construed as requiring the maintenance, repair, restoration or replacement of any structure. or facility which is aubstentielly 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 coning regulations, prevent the construction, erection, alteration or growth of any structure, tree or other object in the approach areas of the runways of the eirporteeWhich would constitute an obstruction to air navigation according to the criteria or standards prescribed in the plans and specifications incorporated herein. B. 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 (M-YAXMITXu'ullt7of Oakland By (Official authorised to sign contracts) Executed and delivered by virtue of and, pursuant to Resolution of the (Governing Body) of adopted on 4.E., IS__ _ e • In Witness Whereof: MICHIGAN AERONAIrTICS COMMISSION By Director Executed by virtue of and pursuant to action of the Michigan Aeronautics COM01136i011. Resolution # 88164 July 14,1988 this 14th July 108 . ALLEN, County Clerk/Register of I Iday of YNN Moved by Lanni supported by Jensen the resolution, with Fiscal Note attached, be adopted. AYES: Rowland, Skarritt, Wilcox, Aaron, Bishop, Calandro, Crake, Gosling, Hobart, Jensen, R. Kuhn, S. Kuhn, Lanni, Luxon, McConnell, McDonald, A. McPherson, R. McPherson, Oaks, Page, Pernick, Rewold. (22) 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 the attached resolution adopted by the Oakland County Board of Commissioners at their regular meeting held on July 4, 1988 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