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Res 1430 7/3/1973r RESOLUTION NO. A RESOLUTION RATIFYING THE ACCEPTANCE OF A GRANT OFFER FROM THE FEDERAL AVIATION ADMINISTRATION IN THE AMOUNT OF $38 ,636 FOR THE DEVELOPMENT OF AN AIRPORT MASTER PLAN. WHEREAS , the City of Wichita Falls has submitted a Planning Grant Application dated May 21, 1973 to the Federal Aviation Administration requesting federal participation in the amount of $38 ,636 for the development of a Master Plan for Wichita Falls Municipal Airport; and, WHEREAS, the Federal Aviation Administration has approved such application and has issued a Grant Offer for Project No. A-48-0227-01 , which provides a commitment of federal funds in the amount of $38 ,636 for the aforementioned development, and, WHEREAS, the acceptance of such Grant Offer was determined to be in the interest of the City of Wichita Falls and such acceptance was required by June 29 , 1973 , and, WHEREAS , the City Manager, acting on the authority and on behalf of the Board of Aldermen, executed acceptance of such Grant Offer on behalf of the City of Wichita Falls on June 28 , 1973; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , that the acceptance by the City Manager on June 28 , 1973 of said Grant Offer of the Federal Aviation Administration for the development of a Master Plan for Wichita Falls Municipal Airport in the amount of 38 ,636 , a copy of which is attached hereto and incorporated herein by reference, is hereby ratified and confirmed. PASSED AND APPROVED THIS THE 3RD DAY OF JULY, 1973. C M A Y O R ATTEST: Cit j--e---e----fre.e_J. 14-• Clerk I DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION PAGE---1--OF6_PAGES PLANNING GRANT AGREEMENT PART I — OFFER DATE OF OFFER JUN 5 1913 TYPE OF PLANNING GRANT: AIRPORT MASTER PLANNING FOR PROJECT NO. A-48-0227-01 Wichita Falls Municipal Airport Wichita Falls, Texas CONTRACT NO. DOT FA 73 SW-1236 l ' AIRPORT SYSTEM PLANNING FOR 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"). WI IEREAS,the Sponsor has submitted to the FAA,an Airport Mas ter Planning Grant Application Master or System) uated, May 21, 1973, herein called the "Planning Application"),for a grant of funds for a project for the development for planning purposes of information and guidance to determine the extent, type, and nature of development needed for Wichita Falls Municipal Airport, Wichita Falls, Texas, airport area name and/or location) herein called the airport which Planning Application as airport or.area) approved by the FAA is hereby incorporated herein and made a part hereof;and WHEREAS,the FAA has approvedPP a project for the development of plans for the airport herein called the "Planning Project")consisting airport or area) of the following approved airport Inas ter planning: master or systent) Develop a master plan for Wichita Falls Municipal Airport to determine the extent, type, and nature of development needed based on short, intermediate and long-range aeronautical demands. The study will examine and subsequently develop one of three alternatives : 1. Continue developing the civil terminal area at Municipal Airport as the only publicly-owned general aviation and air carrier facility. 2. Continue developing the civil terminal area at Municipal Airport to accommodate air carrier activity, and develop a new publicly-owned general aviation facility at an existing or new airport site. 3. Discontinue civil use of Municipal Airport and develop a new publicly-owned air carrier/general aviation facility at an existing or newairportsite. all as more particularly described in the Description of Work Program incorporated in the said Planning Application; FAA Form 5900-1 PG 1 (I-71) PAGE 2 OF 6 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, and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Planning 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 airport mas ter master or system) planning included in the Planning Application. THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES,HEREBY OFFERS AND AGREES to pay,as the United States share 66-2/3 percent of the allowable costs incurred in accomplishing the Planning Project,subject to the following terms and conditions: • I. The maximum obligation of the United States payable under this Offer shall be $ 38.636.00 2. The FAA, for and on behalf of the United States,may by written notice terminate or suspend this grant in whole or in part,or withhold payment,in the event that it finds that the Sponsor has: a. Failed to comply with Federal law or with any of the terms and conditions contained in this Planning Grant Agreement; b. Failed to carry out the Planning Project as approved; c. Made unauthorized or improper use of grant funds; d. Submitted any application, report, or other document which contains a misrepresentation of a material nature or is incorrect or incomplete in any material respect;or, e. If for any reason continuation of the approved Planning Project is rendered impossible,ineligible,or illegal. The Sponsor shall take such action relative to termination or suspension as may be required by the FAA in the notice of termination or suspension. In such case termination or suspension shall not affect any otherwise valid and allowable obligations made in good faith prior to receipt of notice of termination or suspension. 3. The Sponsor shall: a. Begin accomplishment of the Planning Project within thirty days after acceptance of this Offer, with failure to do so constituting just cause for termination of the obligations of the United States here. under by the FAA; b. Carry out and complete the Planning Project without undue delay and in accordance with the terms hereof, the Airport and Airway Development Act of 1970, and Sections 152. 121-152. 143 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 all planning work in accordance with the Description of Work Program, incorpo- rated herein, or as it may be revised or modified with the approval of the FAA and in accordance with design standards and planning criteria established by the FAA; FAA Form 5900-1 PG 2 (1-71) PAGE 3 OF 6 PAGES 4. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consid- eration as to allowability under Section 152.137 of the Regulations. 5. 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. 139-152aide 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 152.141(b) of the Regulations and final reimbursement will be made after final review,audit,and acceptance by FAA of the completed Planning Project and after all conditions relating to the Planning Project have been satisfied. 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 Planning Project unless this Offer has been accepted by the Sponsor on or before JUII 2 9 1973 or such subsequent date as may be prescribed in writing by the FAA. 8. All financial records pertaining to the Planning Project shall be made available to authorized representatives of the FAA and the Comptroller General of the United States in conformity to Section 152. 143 of the Regulations. 9. The Sponsor will, at such times and in such manner as the FAA may require, furnish FAA with periodic reports and statements pertaining to the Planning Project and planning work activities and other related matters covered hereunder. 10. Sponsors shall submit for FAA approval prior to their execution all private party or public body contracts to do all or any part of the Planning Project. These contracts shall include applicable terms and conditions as specified by the FAA. 11. The FAA reserves the right to disapprove the Sponsor's employment of specific consultants and their subcco• tractors to do all or any part of the Planning Project and further reserves the right to disapprove the proposed scope and cost of the professional services. 12. The FAA reserves the right to disapprove the use of professional level employees of the Sponsor when such em- ployees are designated by the Sponsor to do all or part of the Planning Project. 13. All published material such as reports. maps, and other documents prepared in connection with the Planning Project and planning work activities shall contain a standard notice that the material was prepared under an Airport Maas ter Planning Grant provided by FAA. The Sponsor shall make these documents available Master or System) for examination by the public. In addition, no material prepared in connection with the Planning Project and planning work activities shall be subject to copyright in the United States or in any other country. The FAA shall have unrestricted authority to publish, disclose, distribute, and otherwise use,in whole or in part,any reports,data,or other materials prepared with Airport Planning Grant funds. 14. The Sponsor agrees to conduct the Planning Project in compliance with all the requirements imposed by or pur- suant to Title Vi of the Civil Rights Act of 1964 and by Part 21 of the Regulations of the Office of the Secretary of Transportation,as amended. FAA Form 5900-1 PG 3 (1-71) PAGE 4 OF 6 PAGES 15. The Sponsor agrees that neither the approval of the Planning Application nor the tender of this Offer nor the approval of the final airport mas ter planning report constitutes an assurance or commitment, master or system) express or implied,by the FAA, that any airport devcltipme.nt or unit thereof shown in the planning developed as part of this Planning Application will be approved for inclusion in any pending or future Airport and Airway development Program under the Airport and Airway Development Act of 1970. 16. It is understood and agreed by the parties hereto that the amount of $1,100.00 will be deducted from the total project costs if the plan of development shown as Alternate I in the Description of Work Program dated May 21, 1973, is selected as the conclusion for Phase I of this project and a public hearing is not required. 17. It is understood and agreed by the parties hereto that should development of a new airport site be the conclusion for Phase I of this project, the Sponsor will obtain FAA approval of the site selected prior to beginning work on Phase III of the project, such approval being conditioned on subsequent satisfactory environmental impact considerations. 18. It is further understood and agreed by the parties hereto that the maximum obligation of the United States as set forth in paragraph 1 on page 2 of this agreement is based on the work to be accomplished under Alternate III of the Description of Work Program dated May 21, 1973. If Alternate I is selected as the conclusion for Phase I, it is understood and agreed that the maximum obligation of the United States will be $21,760.00 and that the maximum ob- ligation of the United States will be $37,063.00 if Alternate II is selected. 19. It is further understood and agreed that all work to be accomplished under this project will be performed in accordance with FAA Advisory Circular 150/5070-6, Airport Master Plans. 20. It is also understood and agreed that if a major airport development action, including, but not limited to, construction of a new airport, construction of a new runway or extension of an existing runway, is the conclusion reached at the completion of Phase I, an environmental impact statement will be prepared and coordinated in accordance with FAA Order 5050.2, and that such statement will be prepared in conjunction with the preparation of the airport layout plan, land use plan, and terminal area plan. FAA Form 5900-1 PG 4 (1-n) PAGES—OF 6 PAGES The Sponsor's acceptance of this Offer and ratification and ador.[ on of the Planning Application incorporated herein shall be evidenced by execution of this instrument by tie , i,onsor,as hereinafter provided,and said Offer and Acceptance shall comprise an Airport Master Planning Grant Agreement, as provided by Master or System) 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 Planning Project.Such Airport Mas ter Master or System) Planning Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. i UNITED STATES OF AMERICA FEDERAL VIATION A17 'TRATION BY Title) Chief, Fort Worth Airports District 0 fice PART II — ACCEPTANCE The City of Wichita Falls, Texas herein referred to as the "Sponsor-)does hereby ratify and adopt all statements, representat ions,warranties,covenants.and agreements contained in the Airport Mas ter Master or System) Planning Grant 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 in its name by its undersigned officer on this 28 day of June 19 73 in Wichita Falls County of Wichita State of Texas CTTY OF WTCHTTA FAT,T,S TEXAS SEAL) LEGAL NAME OOF/SPONSOR/COSPONSOR) IDBY C..1'e , :.{J r ATURE OF A -IORIZ OFFICER) Attest;_/' z / J--r l`»'1 2 City Manager TITLE OF AUTHORIZED OFFICER) Titre: -"(r': it 'i Executed in its name by its undersigned officer on this day of 19 in County of_ State of SEAL) LEGAL NAME OF COSPONSOR) BY SIGNATURE OF AUTHORIZED OFFICER) Attest: TITLE OF AUTHORIZED OFFICER) Title: FAA Form 5900-1 PG 5 (1-71) t ;. PAGE 6 OF 6 PAGES ' Executed in its name by gitsundersigned officer on this day of 19 in County of ...._.. State of SEAL) LEGAL NAME OF COSPONSOR) BY SIGNATURE OF AUTHORIZED OFFICER) Attest:. Title: TITLE OF AUTHORIZED OFFICER) I . CERTIFICATE OF SPONSOR'S ATTORNEY I, l - " J• 4 GT e • '1• acting as Attorney for the City of Wichita Falls/Texas, herein referred to as the"Sponsor")do hereby certify: That I have examined the foregoing airport Mas ter Planning Grant Agreement and the Master or System) proceedings taken by said Sponsor relating thereto, and find that the Acceptance thereof by said Sponsor has been duly 1-- authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the State(s) of Texas and further that,in my opinion, said airport Mas ter Planning Grant Agreement Master or System) constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at (--/i G'1/71-5-/ 3 r day of 19 A. ir tore) 4:47 Ti FAA Form 5900-1 PG 6 (1-71)