HomeMy WebLinkAboutO-1997-2203
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ORIGINAL
ORDINANCE NO. 97-2203
AN ORDINANCE APPROVING AND AUTHORIZING AN AIRPORT PROJECT
PARTICIPATION AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE TEXAS
DEPARTMENT OF TRANSPORTATION, FOR A GRANT FROM THE TEXAS DEPARTMENT
OF TRANSPORTATION TO THE CITY OF LA PORTE FOR THE PURPOSE OF
PURCHASING LAND FOR RUNWAY PROTECTION ZONES; MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; 11'INDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The City Manager is hereby authorized to execute such
document and all related documents on behalf of the City of La
Porte. The City Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such
documents.
section 2. The City council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
ci ty for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
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e ORIGINAL
ORDINANCE NO. 97-2203
PAGE 2
PASSED AND APPROVED, this 24th day of November, 1997.
CITY OF LA PORTE
By: /61Jtt')c!1!t'0';~(.
orman "L. alone
Mayor
ATTEST:
~~a<A~
a tha A. Gillett
City Secretary
u)
ox W. Askins
City Attorney
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L Texas Department of Transportation
AVIATION DIVISION .
125 E. 11TH STREET · AUSTIN, TEXAS 78701-2483 · 5121416.4500 · FAX 5121416-4510
October 27, 1997
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The Honorable Nonnan'Malone
Mayor, City of La Porte
P. O. Box 1115
La Porte, TIC 77572-1115
Dear Mayor Malone:
Enclosed are several documents that must be completed by you in order to accept the federal grant
for your airport development project for the LaPorte Municipal Airport. Please review the instructions in
this transmittal letter for completing the documents. We are most pleased to provide any assistance.
possible to help complete this grant in a timely manner.
Enclosed are two copies of the Airport Project Participation Agreement (APPA) between the City
of La Porte, as aiIp<:>rtsponsor, and the Texas Department of Transportation, as your. agent for this project.
The Agreement includes several parts. Part I describes the participants and the project. Part II includes the
state's offer of financial assistance for the project. Part HI identifies the obligations of the sponsor in'
accepting the state's financial assistance. In Part IV of the Agreem~nt, the Texas Dep~ent of
Transportation is named as your agent in implementing this project. Part IV also descri?es what the
Department's responsibilities are as your ~gent. Attachment A, Airport Assurances describes the federal
assurances required for receipt oJ federal funding. Th,e r~maining parts of the ~greement are for signatures
execuiiflg the Agreement.
Four additional documents are contained in this packet:
1) Certification of Project Fwuis. This indicates that you have sufficient funding for your snare of the
project costs and indicates when your share of the costs will be available to meet project obligations.
Complete and return with the signed Agreement.
2) Certification of AirPort Fund. This indicates that you have a separ~te fund in which airport
revenues are deposited. Such fund may be an account as part of another fund, but must be
accounted for in such a manner that all revenues, e."qlenses; retaine,d earnings, and J>alances in the
, account are discemable from other types of monies identified in the fund as a whole. If you do not
have the statutorily required Airport Fund ~r account, such a fund must be created within 60 days.
Complete and retuDl with the signed Agreement 'or upon creation of the fund within 60 c:lays.
An_Equa/Oppottunity Employer
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The Honorable Mayor Malone
Octobe~ 27, 1997
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3) Designation of Sponsor's Authorized Represc:ntative. This identifies your contact person for the
administratio~ of the contract. This does not have to be the same person who signs the Airport
Participation .Agreement but should be someone who can authorize actions to be taken that are part
of the Agreement. Complete and return with the signed Agreement.
4) Certification Regarding Drugfree Workplace. This fonn is a federal requirement. Complete and
return ~o us with the signed Agreemez:tt.
We request that you proceed as expeditiously as possible to execute' the Agreement and. complete
the certifications.. Please exeCute the Agreement within 30 days of receipt. . It will be necessary" for your
attorney to endorse your acceptance of the Agreement to assure that it has been accepted in accordance
with local laws: Both copies of the Agreement should have original signatures for acceptance.
Please return both copies of the fully signed Agreement to the Texas Department of Transportation
by November 28, 1997 . We will return a fully executed copy to you. -
The Texas Department of Transportation looks forward to working with you on this important
project for your community,
Specrbill:O J ~
David S. Fulton
Director
cc: Mr, Steve Gillett. Airport Manager
Enclosures
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TEXAS DEPARTMENT OF TRANSPORTATION
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AIRPORT PROJECT PARTICIPATION AGREEMENT
(Federa~ly Assisted Airport Development Grant)
TxDOT Contract No.: 8XXFA032
TxDOT CSJ NO.: 9842LPRTE
Part I - Identification of the Project
FROM:
The City of LaPorte, ~exas
The State of Texas, acting through the Texas Department
of Transportation
TO:
This Agreement is made and entered into by and between the
TEXAS DEPARTMENT OF TRANSPORTATION, (hereinafter referred to as the
"State"), for and on behalf of the State of Texas, and the CITY OF
LAPORTE, TEXAS, (hereinafter referred to as the "Sponsor").
WITNESSETH:
WHEREAS, the Sponsor desires to sponsor a project for the
development of a public aviation facility, known or to be
designated as the Airport under the Airport and Airway Improvement
Act of 1982, as repealed and recodified in Title 49 United States
Code, Section 47101 et seq., (hereinafter referred to as the "Title
49 U. S. C."), and Rules, Regulations and Procedures promulgated
pursuant thereto; and under V.T.C.A. Transportation Code, Title 3,
Chapters 21-22, ef" seq. (Vernon and Vernon Supp); and
WHEREAS, the project is described as follows: acquire property
at the LaPorte Municipal Airport; and
WHEREAS, the Sponsor hereby applies for federal financial
assistance and desires the State to act as the Sponsor's agent in
matters connected with the project described above; and
WHEREAS, the parties hereto, by this Agreement, do hereby fix
their respective responsibilities, with reference to each other,
wi th reference to the accomplishment of said proj ect and with
reference to the United States.
NOW, THEREFORE, for and in consideration of the benefits which
will accrue to the parties hereto by virtue of the completion of
the project, IT IS MUTUALLY COVENANTED AND AGREED as follows:
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Part II - Offer of Financial Assistance ""~ , '"
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1. The allowable costs of the project shall not include any costs
determined by the state to be ineligible for consideration as
to allowability under Title 49 U.S.C., the V.T.C.A.
Transportation Code, Chapters 21-22, et seq., (Vernon and
Vernon Supp.), and the Airport Zoning Act, Tex. Loc. Govt.
Code Ann. SS 241.001 et seq. (Vernon and Vernon Supp) .
2. It is estimated that the total project cost will be
approximately $222,222. It is further estimated that
approximately $222,222 (Amount B) of the project costs will be
eligible for federal financial assistance, and that federal
financial assistance will be for ninety percent (90%) of the
eligible proj ect costs. Final determination of federal
eligibility of total costs will be determined by the state in"
accordance with federal guidelines.
3. This grant should not be construed as block grant funds for
the Sponsor, but as a grant for funding of the scope items as
listed on page one of this agreement. It is the intent of the
State to provide funding to complete the approved work items
of this grant and not to amend the scope of work to include
items outside of the current determined needs of this project.
Scope of work may be amended as necessary to fulfill the
unforseen needs of this specific development project within
the spirit of the approved scope, subject to the availability
of state, federal, and/or local funds.
4. It is estimated that the Sponsor's share of the total project
costs will be $222,222 (Amount C). Sponsor shall be reimbursed
for a maximum of 90% of federally eligible costs upon
availabili ty of federal funds. The Sponsor specifically
agrees that it shall pay any project costs which exceed the
sum of the federal share (90 percent of Amount B) .
5. Should estimated eligible project costs as determined
following the receipt of surveys, appraisals, estimates of
relocation benefits, and amount of court awards for the
project, exceed the amount shown above (Amount B), the Sponsor
may request the State to void this Agreement, whereupon the
State shall agree to void this Agreement upon the satisfaction
of the following conditions:
a. the Sponsor's request to the State to void the Agreement
shall be in writing and dated; and
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b. if required by the State, the Sponsor shall reimburse the
State for funds expended on this project and Sponsor
shall assume the responsibility for any future expenses
for contracted services or materials related to the
project for which a contract had been executed prior to
the Sponsor's request to void the Agreement. Sponsor
funds held by the State may be retained until this
requirement is satisfied; and
c. failure on the part of the Sponsor to comply with the
conditions of this paragraph shall constitute a breach of
this Agreement.
6. Upon satisfaction of the conditions specified in Paragraph
II-5 above, the State shall declare this Agreement null and
void, and this Agreement shall have no force and effect,
except that unexpended or unencumbered monies actually
deposited by the Sponsor.and held with the State for project
purposes shall be returned to the Sponsor within a reasonable
time.
7. Should actual project costs exceed the amount shown above
(Amount B), the State may, at the request of the Sponsor,
participate in additional eligible costs to the extent of the
aforesaid appropriate percentages and subject to the
availability of federal funds. Participation in additional
federally eligible costs may require approval by the Texas
Transportation Commission. The State will not authorize
expenditures in excess of the dollar amounts identified in
this Agreement and any amendments thereto, without the consent
of the Sponsor.
Payment of the United States share of the allowable project
costs will be made pursuant to and in accordance with the
provisions of such regulations and procedures as the State and
the Federal Aviation Administration, hereinafter referred to
as the "FAA", shall prescribe. Final determination of the
United States share will be based upon the final audit of the
total amount of allowable project costs and settlement will be
made for any upward or downward adjustments to the Federal
share of costs.
8. Sponsor, by executing this Agreement certifies, and upon
request, shall furnish proof to the State that it has
sufficient funds to meet its share of the costs as heretofore
stated. The Sponsor hereby grants to the State and federal
government the right, upon advance written requests during
reasonable and regular business hours, to audit any books and
records of the Sponsor to verify said funds. In addition, the
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Sponsor shall disclose the source of all funds for the project
and its ability to finance and operate the project.
Expenditures for eligible project costs for the above project
made by the State or the Sponsor prior to the award of a
federal grant for said project, and prior to actual receipt of
the authority to expend federal grant funds, shall be made
from Sponsor funds.
PART III - Sponsor Responsibilities
1. In accepting the Agreement, the Sponsor guarantees that:
a. it will comply with the Attachment A, Airport Assurances
(06/02/97) (State Modified 7/97), attached hereto and made
a part of .this Agreement; and
b. it will, in the operation of the facility, comply with
all applicable. state and federal laws, rules,
regulations, procedures, covenants and assurances
required by the State of Texas or the FAA in connection
with the federal grant; and
c. the Airport or navigational facility which is the subject
of this Agreement shall be controlled for a period of at
least 20 years, and improvements made or acquired under
this project shall be operated, repaired and maintained
in a safe and serviceable manner for the useful life of
said improvements, not to exceed 20 years; and
d. consistent with safety and security requirements, it
shall make the airport or air navigational facility
available to all types, kinds and classes of aeronautical
use without unjust discrimination between such types,
kinds and classes and shall provide adequate public
access during the term of this Agreement: and
e. it shall not grant or permit anyone to exercise an
exclusive right for the conduct of aeronautical activity
on or about an airport landing area. Aeronautical
acti vi ties include, but are not limited to scheduled
airline flights, charter flights, flight instruction,
aircraft sales, rental and repair, sale of aviation
petroleum products and aerial applications. The landing
area consists of runways or landing strips, taxiways,
parking aprons, roads, airport lighting and navigational
aids; and
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it shall not permit non-aeronautical use of airport
facilities, unless noted on an approved Airport Layout
Plan, without prior approval of the State/FAA; and
g.
it shall not enter into any agreement nor permit any
aircraft to gain direct ground access to the Sponsor's
airport from private property adjacent to or in the
immediate area of the airport. Further, Sponsor shall
not allow aircraft direct ground access to private
property. Sponsor shall be subject to this prohibition,
commonly known as a "through-the-fence operation," unless
an exception is granted in writing by the state due to
extreme circumstances; and
h.
it will acquire all property interests identified as
needed for the purposes of this project and comply with
all applicable state and federal laws, rules,
regulations, procedures, covenants and assurances
required by the State of Texas or the FAA in connection
with the federal grant in the acquisition of such
property interests; and that airport property identified
within the scope of this project and Attorney's
Certificate of Airport Property Interests shall be
pledged to airport use and shall not be removed from such
use without prior written approval of the State; and
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the Sponsor shall submit to the State annual statements
of airport revenues and expenses as requested; and
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all fees collected for the use of an airport or
navigational fac~li ty constructed with funds provided
under the program shall be reasonable and
nondiscriminatory. The proceeds of such fees shall be
used solely for the development, operation and
maintenance of the Sponsor's system of airport (s) or
navigational facility(ites). Sponsor shall not be
required to pledge income received from the mineral
estate to airport use unless state and/or federal funds
were used to acquire the mineral estate of airport lands
or any interests therein; and
an Airport Fund shall be established by resolution, order
or ordinance in the treasury of the Sponsor, or evidence
of the prior creation of an existing airport fund or a
properly executed copy of the resolution, order, or
ordinance creating such a fund shall be submitted to the
State. Such fund may be an account within another fund,
but must be accounted for in such a manner that all
revenues, expenses, retained earnings, and balances in
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the account are discernable from other types of monies
identified in the fund as a whole. All fees, charges,
rents, and money from any source derived from airport
operations must be deposited in said Airport Fund and
shall not be diverted to the general revenue fund or any
other revenue fund of the Sponsor. All expenditures from
the Airport Fund shall be solely for airport or airport
system purposes. Sponsor shall be ineligible for a
subsequent grant or loan by the State unless, prior to
such subsequent approval of a grant or loan, Sponsor has
complied with the requirements of this subparagraph; and
1. following completion of the project where airport
lighting is part of a project, the Sponsor shall operate
such lighting from sunset to sunrise, either manually or
by radio control; and
m. insofar as it is reasonable and within its power, Sponsor
shall adopt and enforce zoning regulations to restrict
the height of structures and use of land adjacent to or
in the immediate vicinity of the airport to heights and
activities compatible with normal airport operations as
provided in Tex. Loc. Govt. Code Ann. ~~ 241.001 et seq.
(Vernon and Vernon Supp.). Sponsor shall also acquire
and retain aviation easements or other property interests
in or rights to use of land or airspace, unless Sponsor
can show that acquisition and retention of such interests
will be impractical or will result in undue hardship to
Sponsor. Sponsor shall be ineligible for a subsequent
grant or loan by the State unless Sponsor has, prior to
such subse~ent approval of a grant or loan, adopted and
passed an airport hazard zoning ordinance or order
approved by the State; and
n. it will provide upon request to the State, the
engineering or planning consultant, and the FAA copies of
any maps, plans, or reports of the project site,
applicable to or affecting the above project; and
o. after reasonable notice, it will permit the State, the
FAA, and any consultants and contractors associated with
this project, access to the project site, and will obtain
permission for the State, the FAA, and consultants and
contractors associated with this project, to enter
private property for purposes necessary to this project;
and
p. all development of an airport constructed with program
funds shall be consistent with the Airport Layout Plan
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approved by the state and maintained by the Sponsor. A
reproducible copy of such plan, and all subsequent
modifications thereto, shall be filed with the State for
approval; and
q. it shall take all steps, including litigation if
necessary, to recover funds spent fraudulently,
wastefully, or in violation of Federal antitrust
statutes, or misused in any other manner in any project
upon which Federal and State funds have been expended.
For the purposes of this grant agreement, the term
"funds" means funds, however used or disbursed by the
Sponsor or Agent that were originally paid pursuant to
this or any other grant agreement. It shall obtain the
approval of the State as to any determination of the
amount of such funds. It shall return the recovered
share, including funds recovered by settlement, order or
jUdgement, to the State. It shall furnish to the State~
upon request, all documents and records pertaining to the
determination of the amount of the funds or to any
settlement, litigation, negotiation, or other efforts
taken to recover such funds. All settlements or other
final positions of the Sponsor, in court or otherwise,
involving the recovery of such funds shall be approved in
advance by the State.
2. The Sponsor hereby certifies to the State that it will have
acquired clear title in fee simple to all property upon which
construction work is to be performed, or have acquired a
leasehold on such property for a term of not less than 20
years, prior to the advertisement for bids for such
construction or procurement of facilities that are part of the
above project, and within the timeframe of the project, a
sufficient interest (easement or otherwise) in any other
property which may be affected by the project.
3. The Sponsor, to the extent of its legal authority to do so,
shall save harmless the State, the State's agents, employees
or contractors from all claims and liability due to activities
of the Sponsor, the Sponsor's agents or employees performed
under this agreement. The Sponsor, to the extent of its legal
authority to do so, shall also save harmless the State, the
State's agents, employees or contractors from any and all
expenses, including attorney fees which might be incurred by
the State in litigation or otherwise resisting said claim or
liabilities which might be imposed on the State as the result
of such activities by the Sponsor, the Sponsor's agents or
employees.
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ratifi6ation ~nd
4.
The Sponsor's acceptance of this Offer and
adoption of the Agreement incorporated herein shall be
evidenced by execution of this instrument by the Sponsor, as
hereinafter provided, and said Agreement shall comprise a
contract, constituting the obligations and rights of the State
of Texas and the Sponsor with respect to the accomplishment of
the proj ect and the operation and maintenanc:e of the airport.
Such Agreement shall become effective upon execution of this
instrument and shall remain in full force and effect for a
period of at least 20 years.
5.
Upon entering into this Agreement, Sponsor hereby agrees to
name an individual, as the Sponsor's Authorized
Representative, who shall be the State's contact with regard
to this project, and which individual shall have the authority
to make approvals and disapprovals as required on behalf of
the Sponsor.
6.
The Sponsor and not the State shall, for all purposes, be the
"Sponsor" of the project identified above as defined in Title
49 u.s.c.. Sponsor agrees to assume responsibility for
operation of the facility in compliance with all applicable
state and federal requirements including any statutes, rules,
regulations, assurances, procedures or any other directives
before, during and after the completion of this project.
The Sponsor by execution of this grant, certifies that it has
implemented, or will implement during this project, an
effective airport pavement maintenance management program, and
it assures that it will use such program during the period of
this Agreement. It will provide upon written request, such
reports on pavement condition and pavement management programs
as the State determines may be useful. Failure to comply with
this condition may make the Sponsor ineligible for future
grants.
The Sponsor shall have on file with the State a current and
approved Attorney's Certificate of Airport Property Interests
and Exhibit A property map.
The Sponsor shall have on file with the State a Certification
Regarding Drug-Free Workplace Requirements.
Unless otherwise approved by the State, the Sponsor will not
acquire or permit any contractor or subcontractor to acquire
any steel or manufactured products produced outside the
United States to be used for any project for airport
development or noise compatibility for which funds are
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provided under this grant. The sponsor will include in every
contract a provision implementing this special condition.
11. Sponsor shall pay all invoices including survey and appraisal
contracts executed by the state. Sponsor shall be responsible
for relocation assistance procedures. State shall provide
technical assistance as requested.
Part rv- Nomination of the Agent
1. The Sponsor hereby designates the State as the party,to apply
for, receive and disburse all funds used, or to be used, in
payment of the costs of said project, or in reimbursement to
either of the parties hereto for costs incurred.
In the event that federal and/or state funds are unavailable,
this Agreement shall automatically be voided and become of no
force and effect.
2. The State agrees to assume the responsibility to assure that
all aspects of the grant and project are done in compliance
with all applicable state and federal requirements including
any statutes, rules, regulations, assurances, procedures or
any other directives, except as otherwise specifically
provided herein.
3.
The State shall, for all purposes in connection with
project identified above, be the Agent of the Sponsor.
Sponsor herewith grants the State a power of attorney to
as its agent to perform the following services:
the
The
act
Receiving Disbursing Agent:
a. apply for, accept, receive, and deposit with the state
Treasury any and all project funds granted, allowed, and
paid or made available by the State and/or the United
States under Title 49 U.S.C. and congressional
appropriation made pursuant thereto, and the Sponsor;
b. receive, review and approve reimbursement requests for
reasonable and eligible property acquisition costs
incurred by the Sponsor, provided the required
documentation is supplied.
Contracting Agent:
c. execute, on behalf of the Sponsor, professional services
agreements as related to this project;
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administer Disadvantage Business Enterprises (DBE) and/or
Historically Underutilized Business (HUB) Programs in
accordance with state regulations.
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Contract Management Agent:
e. exercise such supervision and direction pf the project
work as the State reasonably finds appropriate. Where
there is an irreconcilable conflict or difference of
opinion, judgement and order or direction between the
State, the Sponsor, and any professional services
provider, the State shall issue a written order which
shall prevail and be controlling.
Part V - Recitals
1. The StatE! shall obtain an audit as required by federal or
state regulations; and procure and forward to the FAA such
specific project documentation as is necessary to complete all
aspects of this project.
2. The Sponsor, and not the State, shall be the contractual party
to all construction and professional service contracts entered
into for the accomplishment of this project. The power of
attorney, as granted by the Sponsor to the State in Part IV -
Nomination of Agent, is a limited power to perform acts in
connection with airport improvements as specified in or
necessitated by this Agreement.
3. The Sponsor hereby agrees to pursue and enforce contract items
which are required by federal and/or state regulations, laws
and orders to insure satisfactory performance of contract
vendors. Such items include, but are not limited to, bid
bonds, payment bonds, and performance bonds. Pursuit and
enforcement of contract items may require litigation and other
remedies of law.
4. The United States and the State of Texas shall not be
responsible or liable for damage to property or injury to
persons which may arise from, or be incident to, compliance
with this grant agreement.
5. This Agreement is executed for the sole benefit of the
contracting parties and is not intended or executed for the
direct or incidental benefit of any third party. Furthermore,
the State shall not be a party to any other contract or
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commitment which the Sponsor may enter into or assume, or have
entered into or have assumed, in regard to the above project.
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6. If the Sponsor fails to comply with the conditions of the
grant, the State may, by written notice to the Sponsor,
suspend the grant in whole or in part. The notice of
suspension shall contain the following:
a. The reasons for the suspension and the corrective action
necessary to lift the suspension;
b. A date by which the corrective action must be taken;
c. Notification that consideration will be given to
terminating the grant after the corrective action date.
In the case of suspension or termination, the Sponsor may
request the State to reconsider the suspension or termination.
Such request for reconsideration shall be made within 4S days
after receipt of the notice of suspension or termination.
7. This Agreement is subject to the applicable provisions of
Title 49 U.S.C., the V.T.C.A. Transportation Code, Title 3,
Chapters 21- 22, et seq., (Vernon and Vernon Supp.), and the
Airport Zoning Act, Tex. Loc. Govt. Code Ann. ~~ 241.001 et
seq. (Vernon and Vernon Supp.). Failure to comply with the
terms of this Agreement or with the aforementioned rules and
statutes shall be considered a breach of this contract and
will allow the State to pursue the remedies for breach as
stated below.
a. Of primary importance to the State is compliance with the
terms and conditions of this Agreement. If, however,
after all reasonable attempts to require compliance have
failed, the State finds that Sponsor is unwilling and/or
unable to comply with any of the terms and conditions of
this Agreement, the State may pursue any of the following
remedies: (1) require a refund of any money expended
pursuant to the Agreement herein, (2) deny Sponsor's
future requests for aid, (3) request the Attorney General
to bring suit seeking reimbursement of any money expended
on the project pursuant to the Agreement herein, provided
however, these remedies shall not limit the State's
authority to enforce its rules, regulations or orders as
otherwise provided by law, (4) declare this Agreement
null and void, or (5) any other remedy available at law
or in equity.
Page 11 of 14
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b. Venue for resolution by a court of competent jurisdiction
of any dispute arising under the terms of this Agreement,
or for enforcement of any of the provisions of this
Agreement, is specifically set by Agreement of the
parties hereto in Travis County, Texas.
8. The State reserves the right to amend or withdraw this
Agreement at any time prior to acceptance by the Sponsor. The
acceptance period cannot be greater than 30 days after
issuance unless extended by the State, which extension shall
not be unreasonably be denied or delayed.
9. This Agreement constitutes the full and total understanding of
the parties concerning their rights and responsibilities in
regard to this project and shall not be modified, amended,
rescinded or revoked unless such modification, amendment,
rescission or revocation is agreed to by both parties in
writing and executed by both parties.
10. All commitments by the Sponsor and the State hereunder are
subject to constitutional and statutory limitations and
restrictions binding upon the Sponsor and the State (including
~~ 5 and 7 of article 11 of the Texas Constitution, if
applicable) and to the availability of funds which lawfully
may be applied.
11. The Sponsor's acceptance of this Agreement and ratification
and adoption of the Airport Project Participation Agreement
incorporated herein shall be evidenced by execution of this
instrument by the Sponsor, as hereinafter provided, and this
Offer and Accept;ance shall comprise a Grant Agreement, as
provided by Title 49 U.S.C., constituting the contractual
obligations and rights of the United States, the State of
Texas and the Sponsor with respect to the accomplishment of
the Project and compliance with the assurances and conditions
as provided herein. Such Grant Agreement shall become
effective upon the Sponsor's acceptance of this Grant and the
State's written Notice to Proceed issued following the
execution of this agreement.
12. This contract is subject to the approval as to form by the
Attorney General of the State of Texas.
Page 12 of 14
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Part VI - Acceptance of the Sponsor
The city of LaPorte, Texas does hereby ratify and adopt all
statements, representations, warranties, covenants and agreements
consti tuting the described' proj ect and incorporated materials
referred to in the foregoing Agreement, and does hereby accept the
Offer, and by such acceptance agrees to all of the terms and
conditions of the Agreement thereof.
Executed this
24th
day of
November
, 19
97
City Secretary
Witness Title
The City of LaPorte. Texas
Sponsor
~\.~
Signature
C. ,~~ YYH\wGo\et.
Title
~uhOv O. ,){efld( .
/ Witness lSignature
Certificate of Sponsor's Attorney
I, Knox W. Askins , acting as attorney
for City of La Porte , Texas, do hereby certify that I have
fully examined the foregoing Agreement and the proceedings taken by
said Sponsor relating thereto, and find that the manner of
acceptance and execution thereof, of the said Agreement by said
Sponsor, is in accordance with the laws of the State of Texas.
1\1
Dated at La Porte
day 0 f November
~(i~
Witness Si ature
Assistant City Secretary
Witness Title
, Texas, this 24th
19 97 ..
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_ .Att~//eyrs Signature
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Page 13 of 14
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Part VII - Attorney General's Approval
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This contract is approved as to form.
Attorney General of Texas
By:
/~~r ~
,(ssis nt Attorney General
Date:
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Part VIII - Acceptance of the state
STATE OF TEXAS
XAS DEPARTMENT OF TRANSPORTATION
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By:
David S. Fulton, Director
Aviation Division
Texas Department of Transportation
Date:
/ ).- / /')-/}' 7
,
Page 14 of 14
ATTACHMENT A
PART V - ASSURANCES
Airport Sponsors
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A. GeneraL
1. These assurances shall be complied with In the performance of grant agreements for airport development, airport planning, and
noise compatibility program grants for airport sponsors.
2. These asaurance8 are requlnld to be submitted 88 part or the Airport Project P8ItIc:IpatIon Agreement (APPA) by 8pClnlIOr8
requesting funds under the provisions or TIle G, U.S. C., subtitle VII, 88 amended. As U88cl herein, the tenn -public agency
sponsor" means a public agency with control of. publlc:-4J8e airport; the term .private sponsor" means a private owner of . public.
use airport; and the term .sponsor" Includes both public agency sponaors and private sponsors.
3. Upon acceptance of the grant offer by the sponsor, these assurances are Incorporated In and become part of the grant
agreement.
B. Duration and Applicability,
1. Airport development or Noise Compatibility Program Project. Undertaken by 1\ Public Agency Sponsor. The terma,
conditions and assurances of the grant agreement shall ramaIn In fUn force and e.ffect throughout the usefUl life or the facilities
developed or equipment acquired for an Uport development or noise compatlblllly program project, or throughout the useful life or
the project Items InsIaIIed within . faclDty under a noise compatibility program pnlject, but In any event not to exceed twenty (20)
years from the date, of acceptance or. grant offer or Federal fUnds for the project. However, there shall be no limit on the
duration of the assurance against excIusIwl rights or the terms, concflllona and 88SUl"I/lC88 with respect to real property acquired
with Federal funds. Furthermore, the dWiltlon of the Civil Rights assurance shaD be specified In the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also
applies to a private sponsor except that the usefUlUfe of project Items Installed within a facility or the usefUl life of the facil/Ues
developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten
(10) years from the date of acceptance of'Federal aid for the project. ,
3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified In the grant agreement, only Assurances 1, 2, 3, 5, 8,
13, 18, 30, 32, 33, and 34 In section C apply to planning projects. The terms, conditions, and assurances of the grant agreement
shall remain in fUll force and effect during the life of the project.
C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that:
1. General Federal Requirements. It wiD comply with all applicable Federal laws, regulations, executive orders, policies,
guidelines, and requirements as they relate to the project, acceptance and use of Federal funds for this project Including but not
limited to the following:
Federal legislation
a. Tille 49, U.S.C., subtitle VII, as amended. 1
b, Davis-Bacon Ad - 40 U.S.C, 276(a), !l!!g.
c. Federal Fair Labor Standards Ad iIJ U.S.C. 201, i!LBg.
d. Hatch Ad - 5 U.S.C. 1501, ~
e. Unif~ Relocation AssIstance and Real Proper1y Acquisition Policies Ad of 1970 Tille 42 U.S.C. 4601, m
~ l'
f. National Historic Preservation Ad of 1966. SectIon 106 -16 U.S.C. 470(1).
g. Archeological and Historic Preservation Ad of 1974 -16 U.S.C, 469 through 469c.1
h, Native Americans Grave Repatriation Ad - 25 U.S.C. Section 3001, ~.
I. Clean Air Ad, P.L 90-148, as amended.
J. Coastal Zone Management Act, P.L 93-205, a8 amended.
Ie. Flood Disaster Protection Ad of 1973 - Section 102(a) - 42 U.S.C. 40128.1
I. Trt/e G ,U.S.C., Section 303, (formerty known as Section ~f))
m. Rehabilitation Act of '973 - 29 U.S.C. 794.
n. Civil Rights Act of 1964 - Tille VI - 42 U,S.C. 2000d through d-4.
o. Age Discrimination Act of 1975 " 42 U.S.C. 6101 , Jlt.Bg.
p. American IOOl8n Religious Freedom Ad, P.L 95-341, as a'fended.
q Architectural Barriers Act of 1968 -42 U.S.C. 4151,!lBg.
r. Powerplant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. f373.1
s. Contract Work Hours and Safety Standards tct - 40 U.S.C, 327, m..Hg.
t. Copeland Antlkickback Act" 18 U.S.C. 874.
u. National Environmental Policy Act of 1969 - 42 U.S.C. 4321,!!.!!m.1
v. Wild and Scenic Rivers Act, P.L 90-542, as amen~ed.
w. Single Audit Act of 1984 - 31 U.S.C. 7501, ~
x. Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
executive Orders
Executive Order 11246 - Equal Employment Opportunity 1
executive Order 11990 - Protection of Wetlands
Executive Order 11998 - FloodPlain Management
executive Order 12372 -Intergovernmental Review of Federal Programs.
executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction 1
Executive Order 12898 - Environmental Justice
Airport Assurances (06/02197 " State Modified 7197)
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Federal RegulaOons " ~" -~'\vl
a. 14 CFR Part 13 - Investigative &nd Enforcement Procedures. \ '. ' , , i , '
b. 14 CFR PIIIt 16 - Rules of Practice For Feder8IIy Assisted Airport Enf~'lroc:eedltlgs, L..
C. 14 CFR Part 150 - AIrport noise compatibility planning.
d. 29 CFR Part 1 - Procedures for predetermination of wage rates.1
e. 29 CFR Part 3 - ConlnIctora &nd 8U~ctOl'8 on public building or public work financed In whole or pIIt ,
by IolIn8 or grants from the United States.
f. 29 CFR Part 5 - Labor atancI8rds pruvIsIons appDcable to contracls covering federally financed &nd assisted
construction (also labor atancI8rds provI~ appllc8ble to nonconstructIon contracts subject to the Conbact
Work Hours &nd Safety Standards Act).
g, 41 CFR Part 60 - Office of Federal Contract Compliance Progmns, Equal Emp~ent Opportunity,
Department of Labor (Federal &nd federally assisted contracting requirements).
h. 49 CFR Part 18 - ~niform administrative requirements for grants and cooperative agreements to state &nd
local governments.
I. 49 CFR Part 20 - New restrictions on lobbying.
J. 49 CFR PIIIt 21 - Nondiscrimination In federalJy-lsslsted programs of the Department of Transportation -
effectuation of Title VI of the Civil Rights Act of 1964.
Ie. 49 CFR Part 23 - Participation by minority business enterprise In Department of Transportation programs.
I. 49 CFR PIIIt 24 - ur~orm relocation assistance and real property acquisition for Federal and federally
assisted programs. '
m. 49 CFR PIIIt Xl- NondIscrimInatIo on the ~ of handicap In programs and activities receMng or
benefdtlng from Federal ftnancl8llISSIstance. .
n. 49 CFR PIIIt 29 - GovenvnentwIde debarment &nd suspension (non-procurement) and gCMlmmentwlde
requirements for drug.fn!e worIcpIace (grants).
o. 49 CFR Part 30 - DenIal of public works contracts to suppliers of goods and services of countries that deny
procurement market access to U.S. contractors.
p, 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building constructIon.1
Office of Management and Budget Circulars
a. A~7 - Cost Principles Applicable to Grants and Contracts with State and Local Governments.
b A-128 - Audits of State and Local Governments.
1 These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
3 49 CFR Part 18 &nd OMB Circular A.a7 contain requirements for State and Local Governments receiving
Federal assistance. Any requirement levied upon State and Local Govemments by this regulation and
circular shaD also be applicable to private sponsors receMng Federal assistance under Title 49, United
States Code.
SpecifIC assurances required to be Included In grant agreements by any of the above laws, regulations or circulars are
Incorporated by reference In the grant agreement
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor: It has legal authority to apply for the grant. and to finance and carry out the
proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official
act of the appllcanrs governing body authorizing the filing of the APPA, Including all understandings and
assurances contained therein, and directing and authorizing the person Identified as the official
representative of the applicant to act In connection with the APPA and to provide such additional Infonnation
as may be required.
b. Private Sponsor: It has legal authority to apply for the grant and to finance and carry out the proposed
project and comply with all teona, conditions, and assurances of this grant agreement It shall designate an
offlcial representative and shall In writing direct and authorize that person to file this APPA, Including all
understandings and assurances contained therein; to act In connection with this APPA: and to provide such
additional Information as may be required.
:s Sponsor Fund Availability. It has suffICient funds available for that portion of the project costs which are not to be paid by the
United States. It has suffICient funds available to assure operation and maintenance of items funded under the grant agreement
which it will own or control.
4.
Good Title.
a.
b.
It holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or wiD give
assurance satisfactory to the Secretary that good title will be acquired.
For noise compatibility program projects to be carried out on the property of the sponsor, It holds good title
satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will
give assurance to the Secretary that good title will be obtained.
5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the rights and powers
necessary to perform any or all of the terms, conditions, and assurances in the grant agreement without the
written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights
or claims of right of others which would interfere with such performance by the sponsor. This shall be done
In a manner acceptable to the Secretary.
Airport Assuranc:es (06102197 - State Modified 7/97)
A-2
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It wiD not sell, lease, encumber, or athenvIse trBnsfer or dispose of any part of Is tiIIe or oUw Intweata In the
property shown on Exhibit A to this APPA or, for a noise compatibility program pnlfect, IhlIt portion of the
property upon which Federal funds have been expended, for the duration of the lanna, condIIor_, and
lI88Ur8I1C88ln the grant agreement without appruvaJ by the Secretary, If the transferee Is fCUId by the
Secretary to be eligible under TItle 49, United Slates Code, to assume the obligations of the grant IIgr&ement
and to have the power, authority, and financial resources to carry out aU such obligations, the sponsor IhaD
Insert In the contract or document transferring or disposing of the sponsor'81nterest, and maIc8 bIncIIng upon
the transf... all of the terms, concfItIon8, and asaurances contained In this grant agreentelt.
For aU noise compatibility program projects which are to be canied out by another unit of local gcMmment or
are on property owned by a unit of local government oCher than the sponsor, . wID enter Into an agreement
with that government. Except 88 otherwise specified by the Secr8lary, that agr&ement ahaI obligate IhlIt
government to the same terms, conditions, and lI88UI'IInC88 that would be applicable to It If. applied dInIctIy
to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes
thereto must be satisfactory to the Secretary. It will take stepa to enforce thIa agreement against the local
government If there Is substantial ncIlKOII1pllance with the terms of the agreement.
For noise compatibility program profects to be carried out on privately owned property, It wII enter Into an
agreement with the CMm8f' of that property which Includes provisions spec:Ifted by the SecreCary. It wID take
steps to enforce this agreement against the property owner whenever there Is substantial non-comp/ilnce
with the terms of the agreement.
If the sponsor Is a private sponsor, It wiD take steps satisfactory to the SecretaIy to ensure that the airport will
conUnue to function 88 a public-use airport In accordance with these assurances for the duration of these
assurances.
If an arrangement Is made for management and operation of the airport by any agency or person aIher than
the sponsor or an employee of the sponsor, the sponsor wiD reserve suffICient rights and aulhority to Insure
that the airport will be operated and maintained In accordance TIDe 49, United Slates Code, the regulations
and the terms, conditions and assurances In the grant agreement and shaD Insure that such arrangement
also requires compliance therewith.
t. Consistency with Local Plan.. The project Is reasonably consistent with plans (existing at the time of submission of this
APPA) of public agencies that are authorized by the Slate In which the project Is located to plan for the development of the area
surrounding the airport, For noise compaUbllity program projects, other than land acqulsiUon, to be carried out on property not
owned by the airport and over which property another agency has land use control or authority, the sponsor shaD obtain from each
such agency a written declaraUon that such agency supports that project and the project is reasonably consistent with the
agency's plans regarding the property.
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d.
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f.
7. Consideration of Local Interest. It has given fair consideration to the Interest of communities In or near where the project may
be located.
B. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States
Code, It has undertaken reasonable consultaUons with affected parties using the airport at which project Is proposed.
9. Public Hearings. In projects InvoMng the location of an alrpolt, an airport runway, or a major runway extension, It has afforded
the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or
runway location and Its consistency with goals and objectives of such planning as has been carried out by the community and It
shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such
projects, it has on its management board either voting representation from the communities where the project is located or has
advised the communities that they have the right to petition the Secretary concemlng a proposed project.
10. Air and Water Quality Standards. In projects invoMng airport location, a major ruftWdY extension, or runway location it will
provide for the Governor of the state in which the project Is located to certify in writing to the Secretary that the project will be
located, designed, constructed, and operated so as to comply with applicable air and water quality standards. In any case where
such standards have not been approved and where applicable air and water quality standards have been promulgated by the
Administrator of the Environmental Protection Agency, certirlCatlon shall be obtained from such Administrator. Notice of
certification or refusal to certify shall be provided within sixty days after the project APPA has been received by the Secretary.
11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995, for the replacement or
reconstruction of pavement at the airport, it assures or certirles that it has Implemented an effective airport pavement
maintenance-management program and it assures that It will use such program for the useful life of any pavement constructed,
reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and
pavement management programs as the Secretary determines may be useful.
12. Tenninal Development Prerequisites. For projects which include terminal development at a public use airport. as defined In
Title 49, It has, on the date of submittal of the project grant request, all the safety equipment required for certification of such
airport under section 44706 of TItle 49, United States Code, and all the security equipment required by rule or regulation, and has
provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from
aircraft other than air carrier aircraft.
13. Accounting System, Audit. and Recordkeeplng Requirements.
a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient
of the proceeds of the grant, the total cost of the project in connection with which the grant Is given or used,
and the amount or nature of that portion of the cost of the project supplied by other sources, and such other
financial records pertinent to the project. The accounts and records shall be kept In accordance with an
accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984.
Airport Assurances (06102197 " State Modified 7/97)
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It 8haII make available to the Secretary and the Comptroller General of the UnIed States, or any or their duly
authorized representatives, for the purpose of audit and 8ll8mInatlan, any booIc8, documents, paper'I, 1M
records of the reclplent that are pertinent to the grant. The SecnItary may require that an appraprIIIe lIUdIt
be conducted by a recipient. In any case In which an Independent audit Is made of the accounts or.
sponsor relaIIng to the dJsposItIon of the proceeds of a grant or relating to the project In connectIan with
which the grant was glwn or used, It shaD file a certified copy of such audit with the Comptroller Genend of
the UnIed States not later than six (6) months following the close of the fI8caI year for which the lIUdIl was '
mad..
"
14. Minimum Wag. Rates. It 1IhaII1ncIude, In all contracts In excess of $2,000 for work on any projecIs funded under the grant
agreement which Involve labor, pnMsIons establishIng minimum rates of wages, to be predetermined by the Secretary of Labor, In
accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a--276a-5), which contrac:tora shaD pay to akllIed and unsIcIJlecl
labor, and such mInimum rates shaD be stated In the Invitation for bids and 8haII be Included In proposals or bids for the work.
15. Veteran's Preference. It IIhaIIIncIude In all contracts for work on any project funded under the grant agreement which irMlIve
labor, such provisions as are necessary to Insure that, In the employment of labor (except In executive, adminlslratlve, and
supervisory positions), prefen1nC8 shall be given to Veterans of the VIetnam era and disabled veterans as defined In SectIon
47112 of TlUe 49, United Slates Code. However, this preference shall apply only where the IndMduaJs 118 avaDable and quallflec:l
to perform the work to which the employment relates.
18. Conformity to Plans and Specifications. It will execute the project subject to plans, specifICations, and schedules approved by
the Secretary. Such plans, spec:IfIcatJons, and schedules shaD be submitted to the Secretary prior to commencement of aIt8
preparation, construction, or CICher performance under this grant agreement, and, upon approval of the Secretary, IIhaII be
Incorporated Into this grant agreement. Any modification to the approved plans, specifICations, and schedules shall also be
subject to approval of the Secretary, and Incorporated Into the grant agreement.
17. Construction Inspection and ApprovaL It will provide and maintain competent technical supervision at the construction II.
throughout the project to assure that the work conforms to the plans, speclflcatlons, and schedules approved by the Secretary for
the project. It shall subJect the construction work on any project contained In an approved project APPA to Inspection and
approval by the Secretary and such work shall be In accordance with regulatlons and procedures prescribed by the Secretary.
Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as
the Secretary shall deem necessary,
18. PlannIng Projects. In carrying out planning projects:
a. It will execute the project In ac:cordance with the approved program narrative contained In the project APPA
or with the modifications similarly approved,
b. It wiD fumlsh the Secretary with such periodic reports as required pertaining to the planning project and
planning work activities.
c. It wiU Include In all published material prepared In connection with the planning project a notice that the
material was prepared under a grant provided by the United States.
d. It will make such material available for examination by the public, and agrees that no material prepared with
funds under this project shall be subject to copyright In the United States or any other country.
e, It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the
material prepared In connection with this grant.
f, It wiD grant the Secretary the right to disapprove the sponsor's employment of specifIC consultants and their
subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and
cost of professional services.
g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of
the project.
h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of
any planning material developed as part of this grant does not constitute or Imply any assurance or
commitment on the part of the Secretary to approve any pending or future request for a Federal airport grant.
19, Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than
facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable
condition and in accordance with the minimum standards as may be required or prescribed by applicable
Federal, state and local agencies for maintenance and operation. It will not cause or permit any activity or
action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain
the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions.
Any proposal to temporarily close the airport for nonaeronautlcal purposes must first be approved by the
Secretary.
In furtherance of this assurance, the sponsor will have in effect arrangements for-
(1) Operating the airporfs aeronautical facilities whenever required;
(2) Promptly marking and lighting hazards resulting from airport conditions, including temporary
conditions; and
(3) Promptly notifying airmen of any condition affecting aeronautical use of the airport.
Nothing contained herein shall be construed to require that the airport be operated for aeronautical use
during temporary periods when snow, flood or other climatic conditions Interfere with such operation and
maintenance. Further, 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 an act of God or
other condition or circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program Items that it owns or controls upon which
Federal funds have been expended.
Airport Assuranc:cs (06/02197 " State Modified 7/97)
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20. Hazard RMIovaland MlUgatlon. It wID take appnlpIIate lICtion to lIS8Uf8 that such terminal aIrsplIce as Is required to pratect
Instrument and visual operaIIclI. to the airport (includIng 88Iab/lshed minimum flight altitudes) wII be IIdequateIy cIe8red and
protected by removIng.loINerlng, relocating, marIdng, or lighting or oIherwIse mitigating exIsIIng.alrport hazards and by pnwanung
the establishment ar CI88tIon of future airport hazards.
21. Compatible Land Use. It will take appropriate lICtion, including the adoption of zoning laws, to the mdent reasonable, to NSIrIct'
the use of land 8djacent to or In the immediate vicinity of the airport to activities and purposes campat/bIe with normal airport
operatiolls,lncIudIng landing and takeoff of aircraft. In addition, If the project Is for 11O/se cornpatlbllily program 1mp/emenIatIon, It
wiD not cause or permit any change In land use, within 118 jurisdlc:tIon, that wID reduce Ita cornpatlblf'aty, with respect to the airport,
of the noise compatIbIIily program measures upon which Federal funds have been expended.
22. Economic Nondiscrimination.
a. It will make 118 airport available as an airport for public use on reasonable terms and without unjust
discrimination, to any person, firm, or corporation to conduct or to engage In any aeronautical ac:tivIly for
fumlshlng services to the public at the airport.
b. In any lIgreement, contrac:t, lease, or other an'8ngement under which a right or privilege at the airport Is
granted to any person, firm, or corporation to conc:Iuct or to engage In any aeronautical activity for fumIshIng
seMces to the public at the airport, the sponsor will Insert and enforce provisions requiring the contractor to-
(1) furnish said services on a reasonable, and not unjustly discriminatory, basis to aD users thereof, and
(2) charge reasonable, and not unjustly discriminatory, prlces for each unit or service, pnwIded that the
contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, ar other s/mlIar
types of price reductlon8 to volume purchasers.
c. Each ~ operator at the airport shaD be subject to the same rates, fees, renlaIs, and other charges
as are unlformJy applicable to aD other fbced..based operators making the same or similar uses of such airport
and utlflZing the same or similar fac:lrlties,
d. Each air carrier using such airport shall have the right to service Itself or to use any fixed.based operal9f that
Is authorized or permitted by the airport to serve any air carrier at such airport. .
e. Each air carrier using such airport (whether as a tenant, nontenant, or subtenant of another air canter
tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations.
conditions, rates, fees, rentals, and other charges with respect to facDitles directly and substantlaJJy related
to providing air transportation as are applicable to all such air carriers which make similar use of such airport
and utilize similar facilities, subject to reasonable classlflcaUons such as tenants or nontenants and
signatory carriers and nonsignatory carriers, Classification or status as tenant or signatory shan not be
unreasonably withheld by any airport provided an air carrier assumes obllgaUons substantially similar to
those already Imposed on air carriers In such classification or status.
f. It wiD not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation
operating aircraft on the airport; from perfonnlng any services on Ita own aircraft with its own employees
(Including, but not Omlted to maintenance, repair, and fueling) that It may choose to perform.
g. In the event the sponsor ltseIf exercises any of the rights and prMleges referred to In this assurance, the
services Involved will be provided on the same conditions as would apply to the fumlshlng of such services
by commercial aeronautical service providers authorized by the sponsor under these provisions.
h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all
users of the airport as may be necessary for the safe and effICient operaUon of the airport.
I. The sponsor may prohibit or Omit any given type, kind or class of aeronautical use of the airport If such
acUon is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the
public.
23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or Intending to provide,
aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fbced-
based operator shall not be construed as an exclusive right If both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one flXed-based operator to provide
such services, and
b. If allowing more than one fixed-based operator to provide such services would require the reduction of space
leased pursuant to an existing agreement between such single flxed-based operator and such airport.
It further agrees that It will not, either directly or Indirectly, grant or permit any person, firm, or corporation, the exclusive right at
the airport to conduct any aeronautical activities, Including, but not limited to charter flights, pilot training, aircraft rental and
sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operaUons, aircraft sales and services,
sale of aviation petroleum products whether or not conducted in conjuncUon with other aeronautical activity, repair and
maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relaUonship to the operation of
aircraft can be regarded as an aeronautical activity, and that It will tenninate any exclusive right to conduct an aeronautical activity
now existing at such an airport before the grant of any assistance under Title 49, United States Code.
24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make
the airport as self-sustaining as possible under the circumstances existing at the particular airport. taking Into account such
factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport
planning or noise compaUbility project for which a grant Is made under TItle 49, United States Code, the Airport and Airway
Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate
basis in establishing fees, rates, and charges for users of that airport.
AiIport Assurances (06102197 - State Modified 7/97)
A-'
28.
29.
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21.
.,'
Airport RevenueL
L AU revenues generated by the airport and MY local taxes on 8VIatIon fuel eslabllshed after December 30, 1987,
wID be expended by It for the capIIaI or operating cosI8 of the 81rport; the JocaI airport system; or oCher local
facilities which 818 owned or operated by the owner or operator of the 81rport and which are directly and
substantlaUy re/ated to the actual air transportation of passeng... or property; or for noise mitigation pwposes on
or off the a/rpoIt. Provided, however, that If covenants or assuranceo In debt obligations Issued before September
3, 1982, by the owner or operator of the airport, or provIsIona enacted before September 3, 1982, In governing .
statutes conInlIIIng the owner or operator'a financing, pruvIde for the use of the revenues from any of the airport
owner or operatoI'a fac:IIIIIea, including the alrport,'to support not only the airport but 8Iso the airport owner or
operatoI'a gener8J debt obIIgaIIons or oCher facllltIe8, then this limitation on the use of aD revenues generated by
the airport (and, In the case of a public airport, JocaI taxes on aviation fuel) 8hal1 not apply.
b. As part of the annual audit required under the Single Audit Ad. of 1984, the sponsor wlII direct that the audit will
review, and the I'88UItIng audit report wlII provide an opinion concerning, the use of airport revenue and taxes In
paragraph (a), and indicating whether fUnds paid or transferred to the owner or operator are paid or transferred In
a manner consistent with TItle 49, United States Code and any other applicable pravlslon of law, Including any
regulation promulgated by the Secretary or Administrator.
c. Any cMI penalties or other sanctions win be Imposed for violation of this assurance In accordance with the
provisions of SectIon 47107 of TlUe 49, United States Code.
26.
Reports and Inspections. It WOJ:
8. submit to the Sec:nltary such annual or specIaJ financial and operations reports 88 the Secretary may reasonably
request and make such reports available to the public; make available to the public at reasonable times and
places a report of the a/rpoIt budget In a format pl'8SCl'lbed by the Secretary;
b. for airport development projects, make the airport and all airport records and documents affecUng the airport,
including deeds, leases, operation and use agreements, regulations and other Instruments, available for
Inspection by any duly authorized agent of the Secretary upon reasonable request;
c. for noise cornpatlbDlty program projects, make records and documents re/atIng to the project aoo continued
compliance with the tenns, conditions, and assurances of the grant agreement Including deeds, leases,
agreements, regulations, and other Instruments, available for Inspection by any duly authorized agent of the
Secretary upon reasonable request; and
d. In a fonnet and time prescribed by the Secretary, provide to the Secretary and make available to the public
following each of its fiscal years, an annual report llsUng In detail:
(I) all amounts paid by the airport to any other unit of government and the purposes for which each such
payment was made; and
(II) aU services and property provided by the airport to other units of government and the amount of
compensation received for provision of each such service and property.
Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance
and all those usable for IancIIng and takeoff of aircraft to the United States for use by Government aircraft In common with other
aircraft at all times without charge, except, If the use by Government aircraft Is substantial, charge may be made for a reasonable
share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise detennlned by the
Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will
be considered to exist when operations of such aircraft are in excess of those which, In the opinion of the Secretary, would unduly
Interfere with use of the landing areas by other authorized aircraft, or during any calenc:Jar month that-
a. FIve (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or
b, . The total number of movements (counting each landing as a movement) of Government aircraft is 300 or
more, or the gross accumulative weight of Government aircraft using the airport (the total movement of
Government aircraft multiplied by gross weights of such aircraft) Is In excess of five million pounds.
Land for Federal FacillOes. It will furnish without cost to the Federal Government for use In connection with any air traffic
control or air navigation activities, or weather-reportlng and communication activities related to air traffic control, any areas of land
or water, or estate therein, or rights In buildings of the sponsor as the Secretary consklers necessary or desirable for
construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion
thereof will be made available as provided herein within four months after receipt of a written request from the Secretary.
27.
Airport Layout Plan.
a. It win keep up to date at all times an airport layout plan of the airport showing (1) boundaries of the airport and all
proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for
airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport
facilities and structures (such 88 runways, taxiways, aprons, tennlnal buildings, hangars and roads), Including all
proposed extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed
nonavlatlon areas and of aU existing Improvements thereon. Such airport layout plans and each amendment,
revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be
evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout
plan. The sponsor will not make or pennit any changes or alterations In the airport or any of its facilities which are
not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the
Secretary, adversely affect the safety, utility or efficiency of the airport.
Airport Assurances (06102197 - State Modified 7/97)
A"6
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If a change or alterallon In the airport or the facIIIlIes Is made which the Secretary determines adver8eIy
affects the .fely, utiBty, or eftlclency of any federally owned, 11IlI88d, or funded property on or off the airport
and which Is not In conformity with the airport layout plan as approved by the Secretary, the awrw fW
operator wiD, If requested, by the Secretary (1) eliminate such IIdverse effect In a manner lIppnMId by the
Secretary; or (2) bear all costs of reIacatIng such property (or replacement thereof) to a lIite '""CeptabIe to the
SecnlIlIry and all costs of restoring such property (or replacement thereof) to the level of .fely, utIIIly,
efficiency, and cost of operation existing before the unapproved change In the airport fW 118 facDitIes..
30. Civil Rlght& It wiD comply with such rules as are promulgated to assure that no penIOI'I8h8I, on the grounds of race. creed,
color, national origin, sex, age, or handicap be excluded from partIc:IpIItIng In any 8dIvIty conducted with or benefiting fi'am funds
received from this grant. ThIs assurance obligates the sponsor for the period during which Federal financial assistance Ia
extended to the program, except where Federal financial assistance Ia to provide, or Is In the form of personaJ property fW real
property or Interest therein or structures or Improvements thereon In which case the assurance obligates the sponsor or any
transferee for the longer of the following periods: (a) the period during which the property Is used for a purpose for which Federal
financial assistance Is exlended, or for lnother purpose Involving the provision of similar services or benefits, or (b) the period
during which the sponsor retains ownership or passesslon of the property,
b.
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31. Disposal of La!1d.
a. For land purchased under a grant for airport noise compatibility purposes, it will dispose of the land, when
the land Is no longer needed for such purposes, at fair market value, at the earliest practicable lime. That
portion of the pnx:eeds of such disposition which Ia proportionate to the United States' share of acquisition
of such land wiD, at the dlscr8l/on of the Secretary, 1) be paid to the Secretary for deposit In the Trust Fund,
or 2) be ntInvested In an approved noise compatibility project 8B prescribed by the Secretary.
b. (1) For land purchased under a grant for airport development purposes (other than noise compatibility), It
wiD, when the land Is no longer needed for airport purposes, dispose of such land at fair market value or
make available to the Secretary an amount equal to the United States' proportionate share of the fair market
value of the land. That portion of the proceeds of such disposition which is proportionate to the United
Slates' share of the cost of acquisition of such land will, (a) upon application to the Secretary, be reinvested
In another eligible airport Improvement project or projecls approved by the Secretary at that airport or within
the national lirport system, or (b) be paid to the Secretary for deposit In the Trust Fund If no eligible project
exists.
(2) Land shall be considered to be needed for airport purposes under this ISSUrance If (I) it may be needed
for aeronauUca/ purposes (Including runway protec:t/on zones) or serve as noise buffer land, and (b) the
revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further,
/and purchased with a grant received by an airport operator or owner before December 31, 1987, wiD be
considered to be needed for airport purposes if the Secretary or Federal agency making such grant before
December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such
use, and the land continues to be used for that purpose, such use having commenced no later than
December 15, 1989.
c. Disposition of such land under (a) or (b) wiD be subject to the retention or reservation of any Interest fW right
therein necessary to ensure that such land wiD only be used for purposes which are compatible with noise
levels associated with operation of the airport.
32. Engineering and Design Services. It wiD award each contract, or sub-contract for program management, construction
management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying,
mapping or related services with respect to the project In the same manner as a contract for architectural and engineering ,
services Is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent
qualiflcatlons-based requirement prescribed for or by the sponsor of the airport.
33. Foreign Market Restrictions. It Wlli not allow funds provided under this grant to be used to fund any project which uses any
product or service of a foreign country during the period In which such foreign country Is listed by the United States Trade
Representative as denying fair and equitable market opportunities for products and suppliers of the United States In procurement
and construction.
34, Policies. Standards, and Specifications. It will cany out the project In accordance with policies, standards, and specifications
approved by the Secretary including but not limited to the advisory circulars listed In the Current FAA Advisory Circulars for AlP
projecls, dated Mav 1. 1995 and Included in this grant, and In accordance with applicable state policies, standards, and
specifICations approved by the Secretary.
35, Relocation and Real Property Acquisition. (1) It will be guided In acquiring real property, to the greatest extent practicable
under Slate law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for
necessary expenses as specified In Subpart B. (2) It will provide a relocation assistance program offering the services described
In Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required In Subpart D and E of
49 CFR Part 24. (3) It will make available within a reasonable period of time prior to displacement, comparable replacement
dwellings to displaced persons In accordance with Subpart E of 49 CFR Part 24.
36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or
other modes of transportation to have access to the airport, however, it has no obligation to fund special facilities for Intercity
buses or for other modes of transportation.
Airport Assuranc:cs (06102197 - Stale Modified 7/97)
A-7
Updated On: May 1, 188.
NUMBER
7Of7460-1H, CHG 1 & 2
150/5000-13
150/51 ()()'1 <4C
150/5210-5B
150/5210.7B
150/5210.14
15015210.15
15015210.18
1501522D-48
150/5220.1OA
150/5220.138
150/5220.14A
150/5220.18A
150/5220.17A
150/5220.18
150/5220-19
150/5220-20, CHG 1
150/5220-21, CHG 1
150/5300-13, CHG 1, 2, 3, & 4
15015300-14
15015300-15
15015320.58
150/532006C, CHG 1 & 2
150/53200128
15015320.14
150/5325-4A, CHG 1
15015340-1G
150/534O-4C, CHG 1 & 2
150/5340-58, CHG 1
15015340-148, CHG 1 & 2'
15015340-178
150/5340-18C, CHG 1
15015340-19
150/5340-21
15015340-238
15015340-24, CHG 1
15015340-27A
15015345-30
15015345-5A
15015345-70, CHG 1
150/5345-10E
15015345-12C
150/5345-13A
15015345-268, CHG 1 & 2
15015345-27C
15015345-280, CHG 1
15015345-398, CHG 1
15015345-42C, CHG 1
15015345-430
15015345-44F, CHG 1
15015345-45A
15015345-46A
15015345-47 A
15015345-49A
15015345-50, CHG 1
15015345-51, CHG 1
15015345-52
15015345-53
15015360-9
15015360-12A
15015360-13, CHG 1
15015370.2C
15015370.68
15015370.10A, CHG " 2, 3, 4, 5, 6, 7, & 8
15015370011, CHG 1
15015370.12
15015390.2A
15015390.3
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CURRENT FAA ADVISORY CIRCULARS FOR AlP PROJECTS
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SUBJECT
0bstruc:tIan Marldng and lighting
Announcement at AvalllbllIIy RTCA Inc., Document RTCA-221 , Guidance and Recommtlnded
RequJrwnenla far AIrport SurflIce Movement SenIcn
AR:hItec:turIJ, engineering, end Planning ConIuItant ServIces far Airport Grant PnlJac:ts
PUdIng, MarIdng and LIghting at Vllhlc:les Uud on lift AIrport
AIn:ndt F1ra and Rescue CommunJcatlans
Airport FInt and Rescue ~... PnltllctMI CIolhlng
Airport Rescue and Fntight!ng Station BuIlding DesIgn
Systems far IntenIc:tIve Training at AIrport Personnel
Water Supply Systems far AIn:ndt FInt Ind RIICU8 Pnltec:tIon
Guide Spec:IlIc:atIon for WaterlFOIIII1 Type Aircnlft Rescue and F1relighlng Vehicles
RullWllY Surface Condition SenIor SpecllIclIIIon Guide
AIrport FInt and Resc:ue Vehicle SpeclIIcIIIon Guide
AutclrMIed WlIlIthlIr ObservIng Systems far NonFeder8I Applications
DesIgn SIandards far AIn:rd Rescue FinIfIghtlng Training Fecllltles
BuIldings far Storage and MIIntenance at AIrport Snow and Ice Control Equipment IUld Materillls
Guide SpecllIcatIon for SmIII, Du81-Agent AIn:ndt Rescue and FiIlIfIghUng Vehicles
AIrport Snow and Ice ConIraI equipment
Guide SpeclfIcatiaIIS for LIfts Used to Board AIrline P8saengera with Mobility Impairments
AIrport DesIgn
DesIgn at AIra8ft DeIcIng FIclIItIes
Use at Value engineering far engineering DesIgn of Airport G..nt Projac:ts
AIrport DraInage
Allport Pavement DesIgn and Evaluation
Measurement, Construction, and Malnt_ of Skid Resistant Airport Pavement Surfaces
Airport l8ndsc8pIng for Noise Control Purposes
Runway Length Requirements far Airport DesIgn
Standards far AIrport MarkIng
Installation DelaIIs for Runway Centerline Touchdown Zone UghUng Systems
Segmented CIrcle Airport Marker System
Economy Approach Ughtlng AIds
Standby "- far NonFAA AIrport Ughtlng Systems
Standards far AIrport Sign Systems
TlIldway CenterlIne Ughtlng System
AIrport MisceIIIUleous Ughtlng VIsual AIds
Supplemental Wind Cones
RullWllY and TlIlCiway Edge lighting System
Alr.To-Ground Radio ConIraI at AIrport Ughting Systems
SpecilicaUon far L-821 Panels for Remote Control of Airport Ughting
Circuit Selector Switch
Specilicatlon far L-824 Underground EIectrlcaI Cable far Airport Ughling Circuits
Specilicatlon far Constant Current Regulator8 Regulator Monitol1l
Specilicatlon far Airport and Heliport Beac:on
Spec:ilic:atlon for L-841 AuxirIlUY Relay Cabinet Assembly for Pilot Control of Airport Ughling Circuits
Specifications for L-823 Plug and Receptacle, Cable Connectors
Specification far Wind Cones Assemblies
Precision Approach Path Indicator (PAPI) Systems
FAA Specification L-853, Runway and TEIlliway Centerline Retrollective Markers
Specification for Airport Ught Bases, Transfonner Housings, Junction Boxes end Accessories
Spec:ilic:atlon far Obstruc:t/on Ughtlng Equipment
SpecilIcatlon far TaxIwIy and Runway Signs
Ughtwelght Approach Ught Structura
Specilicatlon for Runway and Taxiway Ught FbctUI8S
Isolation Tl1Insfonnel1l for AIrport Ughting Systems
Specilication L-854, Radlo Control Equipment
Specification for Portable Runway Ughts
Specillcation for Discharge-Type Flasher Equipment
Generic Visual Glldeslope Indicatol1l (GVGI)
Airport Ughing Equipment Cartillcation Progl1lm
Planning and Design of AIrport Terminal Facilities at Non Hub Locations
Airport Signing and Graphics
Planning and Design Guidance for Airport Terminal Facilities
Opel1ltional Safety on Airports During Construction
Construction Prograss and Inspection Report-Airport Grant Progl1lm
Standards for Specifying ConstructIon at Airports
Use tA Nondestructive Testing DevIces in the Evaluation of Airport Pavements
Quality Control tA Construction for Airport Gl1Int Projects
Heliport Design
Vertlport Design
A-8
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CERTIPICATION OP PROJECT PUNDS
.,
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TxDOT Contract No.: 8XXFA032
TxDOT CSJ NO.: 9842LPRTE
I,
Robert T. Herrera , City Manaqer
(Name) (Title)
do hereby certify that sufficient funds to meet the Sponsor's share
of project costs as identified in the Airport Project Participation
Agreement for said project will be available in accordance with the
schedule shown below:
,
SPONSOR FUNDS
Source
Amount
J2a,te Available
Fund 010
$280,430
09-30-97
The has caused this to be duly executed in its name, this 24th
day of November , 19-2L..
The City of LaPorte. Texas
(Sponsor)
By: ~~\. ~
Tit 1 e : C\-\-~ 1""\~ ~Go. ~ c:. (t.
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CERTIFICATION OF AIRPORT FUND r \
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TxDOT Contract No.: 8XXFA032
TxDOT CSJ NO.: 9842LPRTE
I,
Robert T. Herrera
(Name)
do hereby certify that the
,
City Manager
(Title),
Airport Fund has
La Porte
(Name of Fund)
been established for the , and that all fees, charges, rents, and
money from any source derived from airport operations will be
deposited for the benefit of the
La Porte Airport Fund and will not be diverted for
(Name of Fund)
other general revenue fund expenditures or any other special fund
of the and that all expenditures from the Fund will be solely for
airport purposes. Such fund may be an account as part of another
fund, but must be accounted for in such a manner that all revenues,
expenses, retained earnings, and balances in the account are
discernable from other types of monies identified in the fund as a
whole.
The has caused this to be duly executed in its name, this 24th
day of November , 19-22-.
The City of LaPorte , Texas
(Sponsor)
By:
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DESIGNATION OP SPONSOR'S AUTHORIZED REPRESENTATIVE
TxDOT Contract No.: 8XXFA032
TxDOT CSJ NO.: 9842LPRTE
I,
Robert T HP-TTP-T~
(Name)
hereby designate Steve
r.i t:y M;'In.:lgl'!r
(Title)
Gillett, Director Public Works as the Sponsor's
(Name, Title)
authorized representative for the project, who shall have the
authority to make approvals and disapprovals as required on behalf
of the Sponsor.
,
,
The has caused this to be duly executed in its name, this 24th
day of November , 19~.
The city of LaPorte. Texas
(Sponsor)
By: G?~ 1: "~
Title: c:.\~~ 'N"lowc.~-c~
DESIGNATED REPRESENTATIVE
Mailing Address:
City of La Porte
P.O. Box 1115
La Porte, TX 77572-1115
Telephone/Fax Number:
281-471-9650
Fax 281-471-0578
. .
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CElU!Xr:ICM!:IOH JU!:caJU)DtG DRUG-!'JU!:Z WOUPLACB JU!:QtT.tREMJ!:ln!S
A. The grantee certifies that it will or will continue to provide a drug-free
workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is
prohibited in the grantee's workplace and specifying the actions that will be
taken against employees for violation of such prohibition:
(b) Establishing an ongoing drug-free awareness program to inform employees
about-
(1)
(2)
(3)
The dangers of drug abuse in the workplace;
The grantee's policy of maintaining a drug-free workplace;
Any available drug counseling, rehabilitation, and employee assistance
programs; and
(4) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the
performance of the grant be given a copy of the statement required by
paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that,
as a condition of employment under the grant, the employee will-
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation
of a criminal drug statute occurring in the workplace no later than
five calendar days after such conviction;
(e) Notifying the agency in writing, within ten calendar days after receiving
notice under paragraph (d) (2) from an employee or otherwise receiving actual
notice of such conviction. Employers of convicted employees must provide
notice, including position title, to every grant officer or other designee on
whose grant activity the convicted employee was working, unless the Federal
agency has designated a central point for the receipt of such notices.
Notices shall include the identification number(s) of each affected grant;
(f) Taking one of the following actions, within 30 calendar days of receiving
notice under paragraph (d)(2), with respect to any employee who is so
convicted-
(1) Taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the
Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a
Federal, state, or local health, law enforcement I or other appropriate
agency; .
(g) Making a good faith effort to continue to maintain a drug-free workplace
through implementation of paragraphs (a), (b), (c), (d), (e), and (f),
B. The grantee may insert in the space provided below the site(s) for the
performance of work done in connection with the specific grant:
Place of Performance (street address, citYI county, state, zip code)
City Hall - 604 West Fairmont, La Porte, Harris, Texas, 77571
Public Works - North 23rd street, La Porte, Harris, Texas, 77571
Check ___ if there are workplaces on file that are not identified here.
signed: C3?~ \", ~
Da ted : \ ~ - '2. "\ . '\ ,
Robert T. Herrera I City Manager
Typed Name and Title of Sponsor Representative