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HomeMy WebLinkAboutResolutions - 1987.03.11 - 17985Miscellaneous Resolution 87041 February 19, 1987 TRANS7IO 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. 86219 established the 1986 Capital Improvement Program for improvements of Oakland County Airports; and WHEREAS the program included land acquisition at the Oakland/Troy Airport with the assistance of a Michigan Aeronautics Commission Grant; and WHEREAS the County of Oakland is in receipt of a Michigan Aeronautics Commission grant agreement in the amount of $50,000 for land reimbursement at Oakland/Troy Airport; and WHEREAS the County funds are included in the 1986 Airport Capital Improvement Program and no additional County funds are required; and WHEREAS the Airport Committee has 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 Oakland County Board of Commissioners accepts the grant award in the amount of $50,000 from the Michigan Aeronautics Commission. BE IT-FURTHER RESOLVED that the Chairperson of the 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. I HEREPY • 1/ // rIT-10 -0 " RESOLUTION 3 - Date REPORT March 3, 1987 By: PLANNING AND BUILDING COMMITTEE--Anne M. Hobart, Chairperson In Re: MISCELLANEOUS RESOLUTION #87041, OAKLAND/TROY AIRPORT—MICHIGAN AERONAUTICS COMMISSION GRANT PROGRAM To the Oakland County Board of Commissioners Mr. Chairperson, Ladies, and Gentlemen: The Planning and Building Committee, having reviewed the above-referenced item, reports with the recommendation that the resolution be adopted. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the acceptance of the foregoing report. Planning and Building Committee Oakland-Troy Ai rport Land Reimbursement , 19_ _ , by and between the amk‘vis.10 MICHIGAN AERONAUTICS COMMISSION Michigan Department of Transportation Capital City Airport Lansing, Michigan 48906 Location Project No. AGREEMENT ON AIRPORTS UNDER THE MICHIGAN AID AIRPORT PROG This Agreement entered into this _ day of _ County of Oakland a legally existing political subdivesioe of the $tate of Michigan, referred to herein as the Sponsor, and the Michigan Aeronautic,/ Commiseion, e legally existing commlasion of the State of Michigan, referred to herein as the Commiaeion, WITNESSET 11: WHEREAS, the Sponsor has eubmitted a request to the Michigan Aeronautics Commi .seion for a grant of State funde for a project itt the Oakland-Troy Airport (herein called the Airport) for the development of LW w Lur away t_ end WHEREAS, the Michigan Aeronautics Commission, acting in accordance with Act 2a(1. Public Acts of 1923 has approved ouch a grant in the amount of fi fty-thousan4 Dollars (6 50,000.00 NOW THEREFORE, the Director of the Michigan Aeronautica Commission, for and on behalf of the Commission, hereby offers and agrees to pay, as the States share of coat incurrefiiP to 50ge the Sponsor's share of the eli- gible final project cost as determined by the Commismion. Funds shall not exceed the grant amount for the described development, subject to the following conditions. 1. That the Sponoor ehell: (a) Carry nut and complete the project without undue delay and Ln accordance with the applicable statutory requirements and Count/1610n rules and regulations, iocluding 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 as amended; R.259.201 at meal of the Michigan Adminietrative Coda. (b) Carry out end complete the project in accordance with the plans and specifications incorporated herein, se they may be revised or modified with the approval of the Michigan Aeronautics Com- mission. (c) Maintain said Airport in full *pouting condition on a year-round beide for a period of twenty (20) year. in accordance with the requirements sat forth by the Commission rule, and regulations. 46as IN 7/141. *ACC 2 2. During the period referred to in paragraph 1(0 above, the Airport shall not be abandoned or closed without the express written permiseion of the Commission. I. 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 bogie. 4. The Sponsor agrees that it will operate the Airport for the use and benefit of the public, on fair and reasonable term', and without unjust discrimination. In furtherance of this covenant (but without limiting its general applicability and effect), the Sponebr apecifically covenants and agrees: (a) That in its operetior 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 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 euppliem) essential to the operation of aircraft at the Airport, the sponsor will ineert and enforce provimions requiring the contrac- tor: (i) to furnish said service on a fair, equal and not unjustly discriminatory basis to all usere thereof, and (ii) to charge fair, reasonable and not unjustly diecriminetory prices for each unit or service: Provided, that the contractor may be allowed to make reasonable and ftondiscriminstory dis- counts, rebates or other similar types of price'reductione 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 end privileges referred to in sub- •ection (b), the services involved will be provided on the SRMS conditions no would apply to the furnishing or such services by contractors or concessionaires of the Sponsor under the pro- visions of such subsection (b). S. Nothing contained herein ellen be construed to prohibit the granting or exercise of an exclusive right for the furnishing of nonaviation products and supplies or any service of 4 nonaeronautical nature or to obligate the Sponsor to furnish any particular noneeronautical service at the Airport. 174 77741 - .• AAGC 5 - 4 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 acquieition and retention of easements or other interstate 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 Commisaion 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 partite hereto have executed this Agreement on the day and year first above written. In Witness Whereof: STATE DF44.1CRIGTn cxy0)004Aikm,x&tunty of Oakland 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. FISCAL NOTE BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON IN RE: OAKLAND/TROY AIRPORT - MICHIGAN AERONAUTICS COMMISSION GRANT PROGRAM - MISCELLANEOUS RESOLUTION #87041 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous Resolution #87041 and finds: 1) Oakland County is in receipt of a Michigan Aeronautics Commission grant agreement in the amount of $50,000 for land reimbursement at Oakland/Troy Airport, 2) The Michigan Aeronautics Commission grant agreement in the amount of $50,000 for land reimbursement is part of the 1986 Airport Capital Improvement Program as approved by Miscellaneous Resolution #86219, 3) The grant reimbursement agreement has been approved as to form by the office of Corporation Counsel, 4) Acceptance of this grant award does not obligate Oakland County to any future commitment, and no additional County funds are required. FINANCE COMMITTEE Resolution No. 87041 March 12, 1987 Moved by McDonald supported by Nelson the report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by McDonald supported by Skarritt the resolution be adopted. AYES: Angus McPherson, Ruel McPherson, Moffitt, Nelson, Page, Perinoff, Pernick, Price, Rewold, Rowland, Skarritt, Wilcox, Aaron, Caddell, Calandro, Crake, Doyon, Gosling, Hobart, Jensen, Richard Kuhn, Susan Kuhn, Lanni, Luxon, McConnell, McDonald. (26) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MtCHjO.AN1 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 Miscellaneous Resolution adopted by the Oakland County Board of Commissioners at their meeting held on March 12, 1987 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 rfc1 affixed the seal of said County at Fonttac, Michigan this 12th day of March 198 7