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Res 1543 5/21/1974RESOLUTION NO. / RESOLUTION ACCEPTING GRANT OFFER FOR PROJECT NO. 8-48-0227-01, FOR IMPROVE- MENTS AT WICHITA FALLS MUNICIPAL AIR- PORT. WHEREAS , the City of Wichita Falls, Texas has submitted a Project Application dated May 2nd, 1974 to the Federal Aviation Administration requesting Federal participation in the amount of $93 ,692. 78 for improvements at Wichita Falls Municipal Airport; and, WHEREAS, the Federal Aviation Administration has issued a Grant Offer dated May 20th, 1974 which provides a commit- ment of Federal funds in the amount of $93,693. 00 for the aforementioned development; and, WHEREAS , it is determined to be in the interest of the City of Wichita Falls that the Grant Offer be accepted by the City. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. That the City does hereby accept the pro- visions of the Grant Offer for Project No. 8-48-0227-01, a copy of which Grant Offer is attached hereto and incorpora- ted herein by reference. SECTION 2. The City Manager is hereby authorized and directed to execute the Grant Agreement for and on behalf of the City of Wichita Falls. PASSED AND APPROVED THIS THE 21ST DAY OF MAY, 1974. M A Y O R ATTEST: 1)64„e4? , CITY CLERK DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION GRANT AGEE PENT Part 1-Offer Date of Offer Wichita Falls Municipal Airport Project No. 8-48-0227-01 Contract No. DOT FA 74 SW-1051 TO: The City of Wichita Falls, Texas herein referred to as the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein referred to as the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated May 2, 1974 for a grant of Federal funds for a project for develop- ment of the Wichita Falls Municipal Airport(herein called the "Airport"), together with plans and specifications for such project, which Project Application, as approved by the FAA is hereby incorporated herein and made a part hereof;and WHEREAS, the FAA has approved a project for development of the Airport (herein called the Project") consisting of the following-described airport development: Widen civil aircraft connecting taxiway from 50' to 75' and relocate taxiway lights on one side; install security fencing; install security lighting; reconstruct aircraft parking apron (Approx. 4,629 S.Y. ) all as more particularly described in the property map and plans and specifications incorporated in the said Project Application; FAA FORM 6100-13 PG. 1 (10-711 SUPERSEDES FAA FORM 1632 PG. I PAGE 1 1 Page 2 of 5 pages NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Development Act of 1970, as amended (49 U.S.C. 1701), and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application, and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and theie soperationandmaintenanceoftheAirportashereinprovided, THE FEDERAL AVIATION AD- MINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, seventy-five per centum of all allowable project costs. This Offer is made on and subject to the following terms and conditions: 1. The maximum obligation of the United States payable under this Offer shall be 93,693.00 2. The Sponsor shall: a) begin accomplishment of the Project within - ninety days after acceptance of this Offer or such longer time as may be prescribed by the FAA, with failure to do so constituting just cause for termination of the obligations of the United States hereunder by the FAA; b) carry out and complete the Project without undue delay and in accordance with the terms hereof, the Airport and Airway Development Act of 1970, and Sections 152.51- 152.63 of the Regulations of the Federal Aviation Administration (14 CFR 152) in effect as of the date of acceptance of this Offer; which Regulations are hereinafter referred to as the "Regulations"; c) carry out and complete-the Project in accordance with the plans and specifications and property map, incorporated herein, as they may be revised or modified with the approval of the FAA. 3. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under Section 152.47 (b) of the Regula- tions. 4. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of Sections 152.65 — 152.71 of the Regulations. Final determination as to the allowability of the costs of the project will be made at the time of the final grant payment pursuant to Section 152.71 of the Regulations: Provided, that, in the event a semi-final grant payment is made pursuant to Section 152.71 of the Regulations, final determination as to the allowability of those costs to which such semi- final payment relates will be made at the time of such semi-final payment. FAA FORM 5100-13 PG. 2 (7-721i SUPERSEDES PREVIOUS EDITION PAGE 2 1_ Page 3 of 5 pages 5. The Sponsor shall operate and maintain the Airport as Provided in the Project Applica- tion incorporated herein and specifically covenants and agrees, in accordance with its Assurance 4 in Part III of said Project Application, that in its operation and the operation of all facilities thereof, neither it nor any person or organization occupying space or facili- ties 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. 6. The FAA reserves the right to amend or withdraw this Offer at any time prior to its acceptance by the Sponsor. 7. This Offer shall expire and the United States shall not be obligated to pay any part of the costs of the Project unless this Offer has been accepted by the Sponsor on or before June 28, 1974, or such subsequent date as may be prescribed in writing by the FAA. 8. In addition the Sponsor shall: a) Incorporate or cause to be incorporated in each bid or proposal form submitted by prospective contractors for construction work under the project the provisions prescribed by Section 60-1.7(b) (1) and 60-1. 8(b) of the Regulations issued by the Secretary of Labor (33 FR 7804, 41 CFR Part 60-1). b) Comply with the provisions set forth in Appendix I, attached hereto. 9. It is understood and agreed that the sponsor will provide for FAA employees adequate parking accommodations satisfactory to the Adminis- trator at all FAA technical facilities located on the airport. It is further understood and agreed that sponsor will provide, without cost, adequate land for the purpose of parking all official vehicles of the FAA (government and privately owned when used for FAA business) neces- sary for the maintenance and operation of the FAA facilities on the air- port. Such land shall be adjacent to the facilities served. 10. The sponsor will send a copy of all invitations for bids, advertised or negotiated, for concessions or other businesses at the airport to the Office of Minority Business Enterprise (OMBE) , Field Operations Division, Department of Commerce, Washington, D.C. 20230, or to the local affiliate designated by the OMBE. The sponsor will disclose and make information about the contracts, contracting procedures and requirements available to OMBE or its designated affiliate and minority firms on the same basis that such information is disclosed and made available to other organiza- tions •or firms. Responses by minority firms to invitations for bids shall be treated in the same manner as all other responses to the invi- tations for bids. Compliance with the preceding paragraph will be deemed to constitute compliance by the sponsor with the requirements of 49 CFR 21 Appendix C(a) (1) (x) , Regulations of the Office of the Secretary of Transportation. FAA FORM 3100-13 PG. 3 110-71/ SUPERSEDES FAA FORM 1632 PG.3 (SWRO 5-1-74) PAGE 3 Page 4 of 5 pages 11. It is mutually understood and agreed that the United States will not make final payment of the allowable costs of this project until the Sponsor has submitted satisfactory evidence that the airport imaginary 2 surfaces as defined in Section 77.25 and 77.27, Subpart C, Part 77 of the Federal Aviation Regulations (14 CFR Part 77, as amended) have been protected by the adoption of a zoning ordinance and regulations or by securing avigation easements or otherwise prohibiting the creation, establishment, erection or construction in such areas of obstructions to air navigation to the extent provided for in such Regulations or approved by the Administrator as sufficient in the case of this particular airport. It is further understood and agreed that 'if the imaginary surfaces shall have been protected by the acquisition of avigation easements or other interests in land, the assumption of this obligation shall not operate to bar inclusion of such acquisition in a subsequent project. 12. It is further understood and agreed that FAA approval of the project included in this agreement is conditioned on the sponsor's compliance with applicable air and water quality standards in accomplishing project construction and in operating the airport; further, that failure to com- ply may result in suspension, cancellation or termination of Federal assistance under this. agreement. 13. The Federal Government does not now plan or contemplate the construction of any structures pursuant to paragraph 11 of Part III - Sponsor's Assurances of the Project Application, dated May 2, 1974, and therefore it is understood and agreed that the sponsor is under no obligation to furnish any such areas or rights under this Grant Agreement. 14. It is understood and agreed by the parties hereto that the property map Exhibit A incorporated into the Project Application consists of two pages designated thereon as "Property Map Exhibit A" and "Property-Map Exhibit A-1", respectively, both bearing ADAP Project Number 8-48-0227-01 and the date of May, 1974. PAGE 4 L Page x'1 of 5 pages The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as herein- after provided, and said Offer and Acceptance shall comprise a Grant Agreement, as provided by the Airport and Airway Development Act of 1970, constituting the obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and the operation and maintenance of the Airport. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer and shall remain in full force and effect throughout the useful life of the facilities developed Under the Project but in any event not to exceed twenty years from the date of said acceptance. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION By TITLE) Acting Chief, Fort Worth Airports District Office Part I1-Acceptance The City of Wichita Falls, Texas, does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept said Offer and by such acceptance agrees to all of the terms and conditions thereof. Executed this day of 19.... ... CITY OF WICHITA FALLS,. TEXAS Name of Sponsor) By SEAL) Title Attest: Title: CERTIFICATE OF SPONSOR'S ATTORNEY I, acting as Attorney for the .City. .Q .Wichita. Falls herein referred to as the "Sponsor") do hereby certify: That I have examined the foregoing Grant Agreement and the proceedings taken by said Sponsor relating thereto, and find that the Acceptance thereof by said Sponsor has been duly auth- orized and that the execution thereof is in all respects due and proper and in accordance with the laws of the State of. Texas and further that, in my opinion, said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at this.. ... ..... day of 19. . . . Title FAA FORM 5100-13 PG 4(10-71)SUPERSEDES FAA FORM 1632 PG 4 PAGEXK 5