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HomeMy WebLinkAboutResolutions - 1988.09.08 - 17631August 18, 1988 MISCELLANEOUS RESOLUTION 88215 BY: TRANSPORTATION COMMITTEE IN RE: Oakland/Troy Airport - MICHIGAN AERONAUTICS COMMISSION GRANT PROGRAM To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution No. 88125 established the 1988 Capital Improvement Program for improvements of Oakland County Airports; and WHEREAS the program included runway resurfacing at the Oakland/ Troy Airport with the assistance of a Michigan Aeronautics Commission Grant; and WHEREAS the County of Oakland is in receipt of two Michigan Aeronautics Commission grant agreements in the total amount of $82,500 for runway resurfacing at Oakland/Troy Airport; and WHEREAS the County funds are included in the 1988 Airport Capital Improvement Program and no additional County funds are required; and WHEREAS the Airport Committee has reviewed and approved the Grant Agreements and believes it to be in the County's interest to accept the Grants. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the grant awards in the amount of $82,500 from the Michigan Aeronautics Commission. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is hereby authorized to execute the Grant Agreements on behalf of the County of Oakland. Mr. Chairperson, on behalf of the Transportation Committee, I move the adoption of the foregoing resolution. TRANSPQR-T-ATION COMMITTEE 1 HE anle1 MurpRy, tc>(.1n: OW THE FOREGOING RESOLUTION September 8, 1988 FISCAL NOTE BY • - FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON IN RE: OAKLAND/TROY AIRPORT - MICHIGAN AERONAUTICS COMMISSION GRANT PROGRAM MISCELLANEOUS RESOLUTION #88215 TO THE OAKLAND COUNTY BOARD OF C(4ISSIONEPS Mt. Chairperson, ladies and Gentlemen: Pursuant to Rule XT-C of this Board, the Finance Committee has reviewed Miscellaneous Resolution #88215 and finds: 1) Proposed project is consistent with the Airport Master Plan as adopted by the Oakland County Board of Commissioners per Miscellaneous Resolution #88125; 2) Funds are included in the 1988 Airport Capital Improvement Program and therefore no additional County funds are required; Mr. Chairperson on behalf of the Finance Committee I move the foregoing fiscal note. FINANCE COMMITTEE fntroyair Airport (herein called the Airport) Oakland-Troy Location • MICHIGAN AERONAUTICS COMMISSION -Michigan Dipartmsnt of Traniportation • Capital City Airport Lansing Michigan 41906 M 63-6-C13 - Project No. AGREEMENT ON AIRPORTS UNDER THE MICHIGAN AID AIRPORT PR* RAM This Agreement entered into this day of , 19_ , by and between the _ County of Oakland a legally existing political subdiv asioa 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, WITHESSET H: WHEREAS, the Sponsor has submitted a request to the Michigan Aeronautics Commission for a grant of State funds for a project at the Oakland-Tru for the development of bituminous overlay Runway 9/22 and WHEREAS, the Michigan Aeronautics Commission, acting in accordance with Ace 205 , Public Acts of 1986, has approved such a grant in the amount of fifty-thousand Dollars a 50,000.00 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 eli- gible 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: (a) Carry out and comylera tke project withnut undue delay and in accordance with the apelleshke statutory requirements and Commission rules and regulations, including but nut limited to the following: Title VI, Civil Rights Act of 1964; Part 15, Federal Aviation Regulations; Act 251, PA 1955; Act 327, PA 1945 40 amended; R.259.201. at Beg 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 Commisaion rules and regulations. • tot 2,5,1 Pallit 2 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 amduncs'On a pro rate 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 Spansbr specifically covenants and agreeat (a) That in its operetior and the operation of all facilities on the Airport, neither it nor any person or orgenization 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 ie 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 reasonable 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, fiem 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. In the event the Sponsor itself exercises any of the rights and privileges referred to to sub- section (h), the services involved wiel be provided on the same conditions as would apply to the furnishing of such servicea by contractors or concessioneires 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 nopaviation products and supplies or any service of a noeweronauticel nature or to obligate the Sponsor to furnish any particular nonaeronautical service at the Airport. (d) 'Written. In Witness Whereof: STATE OF MICHIGAN 6. The Sponeor will operate and maintain in a safe and serviceable coneition the Airport and all facil- ities thereon and connected therewith which are necessary to verve the aerouautical Leiters of the Airport other than facilities OWMAli or controlled by the United States in the State of Michigan, and well not permit any activity thereon which would interfere with its use for airport purposes: Proveded,.that pothing herein seall be construed as requiring the maintenance, repair, restoration or replacement of any structure or facility which is oubstancially 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 end 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. S. The Sponsor will not make or permit the making of any changes or alterations in the Airport or any of its faeilities other than in conformity with the master plan as an approved by the Michigan Aeronautics Commission_ and the Federal Aviation Administration, if such changes or alterations might adversely affect the safety, utility er efficiency of the Airport. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year ferret above 04-mx'i4kaxoc County of Oa kl and By (Official authorized co sign contracts) Executed and delivered by virtue of wed, pursuant to Resolution of the (Governing boey) adoptee on A D 10 In Witness Whereof: . PaCHIGAe AERONADTICS conm:ssio By Director Executed by virtue of and pursuant to action of the Michigan Aeronautics Commission, M 63-6-C13 Project No. Oaki and-Troy Location MICHIGAN AERONAUTICS COMMISSION - Michigan D•partrnotnt of Transportation C.apitai City Airport Lansing, Michigan 48906 AGREEMENT ON AIRPORTS UNDER THE MICHIGAN AID AIRPORT PROGRAM This Agreement entered into this _ 'Joy of , 19_ by end between the County of Oa kl and e legally exieting political subdiv.mio.1 of the State of Michigan, referred to herein as the Sponsor, end the Michigan Aeronautics Commission, e legally existing commisaion of the State of Michi gan, referred to herein as the Commission, WITHESSET WHEREAS, the Sponsor ham submitted a request to the Michigan Aeronautics Commiseion for a grant of Stete fundo for a project et the Oak] and-Troy Airport (herein called the Airport) for the development of bituminous overlay Row,ay 9/27 end WHEREAS, the Michigan Aeronautics Commission, aCtin g in accordance with Act _134, Public Acts of 1987, ham approved such a grant in the amount of thi rty-two thousand five-hundred Dollars ($... 3a ,..501,D0 NOW THEREFORE, the Director of the Michi gan Aeronautics Commiesion, for and on heharf of the Commission, LI PI hereby offers and agrees to pay , as the State's share of coat incurreE) to 50, d, et the Sponeor's share of the eli- gible final project coat as determined by the Commission. Funda shall not exceed the grant mount for the described development, subject to the following conditions. 1. That the Sponsor shell: (s) Carry hut and coopiete the project withuec undue eels ), and in uccordance with ths applicable statutory requirements and Commieeion rules and regulations, includin g but nut halted to the following : Title VI, Civil Righta Act of 1964; Part 15, Federal Aviation Regulations; Act 251, PA 1955; Act 327, PA 1945 as amended; R.259.201 et ease of the Michigan Adminietretive Code. (h) Carry out and complete the project in accordance with the plans and epecificationa incorporated herein, as they may be revised or modified with the approval of the Michigan Aeronautics Cow- maasion. (e) Maintain said Airport in full operating condition on a year-round WAS11.15 for a period of twenty (20) years in accordance with the requirements sat forth by the Commiseion rules end regulations. n141.11 "94H 'aOE a 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 smodunts'bn 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 Sponabr specifically covenants and agrees: (e) That in its operatior 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, treed 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 burnish- ing or sale of any aeronautical parts, materials or supplies) essential Co 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 net unjustly diecriminatory 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 he allowed to make reasonable 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 corperation 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 wili be provided on the same conditions as would apply to the burnishing of ouch services by contractor or concessionaires of the Sponsor under the pro- visions of such subaeccion (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 s nonaeronautical nature or to obligate the Sponsor to furnish any particular noneeronautical service at the Airport. • e. 4 In witness Whereof: STATE OF MICHIGAN 3433 44 7014! 110 lase 3 8. The Sponsor will operate and maintain in a safe and serviceable condition the Airport and all facil- ities 'thereon and connected therewith which are oecessary 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 : frovided,..that;mothiog 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 ocher 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 one 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 night adversely affect the safety, utility or efficiency of the Airport. IN WITNESS wHIEREor, the Parties hereto have executed this Agreement on the day and year first above written. Q0CKXY4i>45TXX Countyof Oakland By (Official authorized to sign contracts) Executed and delivered by virtue of and, pursuant to Resolution of the (Governing Body) of adopted on 4.D., 19-- — In Witness Whereof.: MICHIGAN AERONAUTICS COMMISSION BY Director Executed by virtue of and pursuant to action of the Michigan Aeronautics Commission. _jay of September 1=1,88 EN, County Clerk/Register of LYW Miscellaneous Resolution # 88215 September 8, 1988 Moved by Lanni supported by Gosling the resolution (with positive Fiscal Note attached) be adopted. AYES: Price, Rewold, Rowland, Skarritt, Wilcox, Aaron, Bishop, Crake, Gosling, Hobart, Jensen, R. Kuhn, S. Kuhn, Lanni, McConnell, McDonald, A. McPherson, R. McPherson, Moffitt, Oaks, Page, Pernick. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn O. Allen, Clerk of the County of Oakland and having a seal, do hereby certify that I have compared the annexed copy of the attached Miscellaneous Resolution adopted by the Oakland CountyBoard of Commissioners at their regular meeting held on September 8,1988 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 this 8th