HomeMy WebLinkAbout1997-11-24 Regular Meeting of City Council
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MINUTES OF THE REGULAR MEETING
OF LA PORTE CITY COUNCIL
NOVEMBER 24, 1997
1. CALL TO ORDER
The meeting was called to order by Mayor Norman L. Malone at 6:00 p.m.
Members of City Council Present: Mayor Norman L. Malone, Councilpersons
Guy Sutherland, Chuck Engelken, Howard Ebow, Bob McLaughlin, Alton
Porter, Deotis Gay, Jack Maxwell and Jerry Clarke.
Members of Council Absent: None
Members of City Executive Staff and City Employees Present: City Manager
Robert T. Herrera, Assistant City Manager John Joerns, City Attorney Knox
Askins, Police Chief Bobby Powell, Director of Public Works Steve Gillett,
City Secretary Martha Gillett, Planning Director Guy Rankin, Director of
Administrative Services Louis Rigby, Purchasing Agent Susan Kelley, City
Manager's Secretary Carol Buttler, Accounting Supervisor Kathy Hutton, and
Golf Maintenance Superintendent Dennis Hlavaty,
Others Present: Spero Pomonis, Father Tom Rafferty, Mattie Lindsay, Tina
Mongellio, and a number of La Porte Citizens.
2. INVOCATION - FATHER TOM RAFFERTY - ST. MARY'S CATHOLIC
CHURCH.
Father Tom Rafferty delivered the invocation.
3. CONSIDER APPROVING MINUTES OF REGULAR MEETING
NOVEMBER 10, 1997.
Motion was made by Councilperson Clarke to approve the minutes of November
10. 1997 as presented, Second by Councilperson Sutherland. The motion
carried, 9 ayes, 0 nays,
Ayes: Councilpersons Sutherland, Engelken, Ebow, McLaughlin, Porter, Gay,
Clarke, and Mayor Norman Malone.
Nays: None
4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND
CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL
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City Council Meeting Minutes November 24, 1997
Page 2
There were no citizens wishing to address Council.
5. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN
ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT
GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM,
PROBATIONARY RESTRICTED PRIOR SERVICE CREDITS (Ord, 97-
2202) L. Rigby
Director of Administrative Services Louis Rigby presented summary and
recommendation requesting City Council to approve Ordinance 97-2202, Mr.
Rigby reported that prior to 1985, employees hired by the City were required to
wait 90 days before becoming eligible to participate in the Texas Municipal
Retirement System, The City employs 83 people who were hired before that
date and have service which has not been counted towards their retirement.
This Ordinance would enable employees to get credit for the 90 day period.
There is no cost to the employee, and the total cost to the City per year would
be $9,600,
City Attorney Knox Askins read: ORDINANCE 97-2202 - AN ORDINANCE
GRANTING TO CITY EMPLOYEES ADDITIONAL RIGHTS AND
CREDITS IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM AS
AUTHORIZED BY SECTION 853.303, TITLE 8, OF THE GOVERNMENT
CODE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF,
Motion was made by Councilperson Ebow to approve Ordinance 97-2202 as
read by City Attorney, Second by Councilperson Engelken, The motion
carried, 9 ayes, 0 nays.
6. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN
ORDINANCE AMENDING ORDINANCE 1000-1 BY ADDING A NEW
LICENSE HOLDER AT AN AREA WHERE WINE AND/OR BEER FOR
CONSUMPTION ON THE PREMISES MA Y BE SOLD; PROVIDING
THAT ALL OTHER PROVISIONS OF ORDINANCE 1000-1 REMAIN
UNCHANGED - (Ord. WOO-I-B) G. Rankin
Planning Director Guy Rankin presented Summary and recommendation
requesting City Council approve Ord, 1000-I-B. This Ordinance would add a
new license holder with the business name Blondie's Steakhouse. This
establishment is located at 1026 S, gd" La Porte, Texas 77571.
Mr, Rankin addressed Council questions.
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City Council Mt:eting Minutes - November 24, 1997
Page 3
City Attorney Knox Askins read: ORDINANCE 1000-I-B - AN ORDINANCE
OF THE CITY OF LA PORTE, TEXAS, AMENDING SECTION 6-78(a) OF
THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY ADDING
A NAME AND LICENSE HOLDER AT AN AREA WHERE WINE AND/OR
BEER FOR CONSUMPTION ON THE PREMISES MA Y BE SOLD;
PROVIDING THAT ALL OTHER PROVISIONS OF SECTION 6-76 ET SEQ
OF THE CODE OF ORDINANCE.,) OF THE CITY OF LA PORTE REMAIN
UNCHANGED; FURTHER PROVIDING A SAVINGS CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
Motion was made by Councilperson Maxwell for Ordinance 1000-I-B to be
approved as read by the City Attorney, Second by Councilperson Clarke. The
motion carried, 8 ayes, I nay,
Ayes: Councilpersons Sutherland, Engelken, Ebow, Porter, Gay, Maxwell,
Clark and Malone.
Nay: CounciJperson McLaughlin.
7. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN
ORDINANCE APPROVING AND AUTHORIZING AN AlRPORT
PROJECT PARTIClPA TION AGREEMENT BETWEEN THE CITY OF
LA PORTE AND THE TEXAS DEPARTMENT OF TRANSPOIRATION,
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 (Ord. 97-2203) S. Gillett
Public Works Director Steve Gillett presented summary and recommendation to
Council. Mr. Gillett advised Council that the Texas Department of
Transportation Aviation Division has offered a grant offer to purchase property
at the northwest corner of the Airport for runway protection zones. The grant is
in the amount of $222,222, The City matching share of 10% would be
$22,222. This purchase would also provide for future right-of-way for the
extension of Farrington Blvd.
Mr. Gillett answered Council questions,
City Attorney read: ORDINANCE 97-2203 - AN ORDINANCE APPROVING
AND AUTHORIZING AN AIRPORT PROJECT PARTICIPATION
AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE TEXAS
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City Council Meeting Minutes - November 24, 1997
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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; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Sutherland to approve Ordinance 97-2203
as read by City Attorney, Second by Councilperson Clarke, The motion
carried, 9 ayes, 0 nays,
Ayes: Councilpersons Sutherland, Engelken, Ebow, McLaughlin, Porter, Gay,
Maxwell, Clark and Malone,
Nays: None
8. CONSIDER APPROVAL OR OTHER ACTION REGARDING A
RESOLUTION DECLARING INTENTION TO REIMBURSE CERTAIN
EXPENDITURES WITH BORROWING PROCEEnS (Res. 97-14) - J.
Joerns
Assistant City Manager John Joerns presented summary and recommendation to
City Council and requested Council to consider approving Resolution 97-14.
Mr. Joerns addressed Council questions,
City Attorney Knox Askins read: RESOLUTION 97-14 - A RESOLUTION
DECLARING INTENTION TO REIMBURSE CERTAIN EXPENDITURES
WITH BORROWING PROCEEDS,
Motion was made by Councilperson Gay to approve Resolution 97-14 as read by
theCity Attorney. Second by Councilperson Ebow, The motion carried, 9
ayes, 0 nays,
Ayes: Councilpersons Sutherland, Engelken, Ebow, McLaughlin, Porter, Gay,
Maxwell, Clark and Malone,
Nays: None
9. CONSIDER INSTRUCTING THE DIRECTOR OF FINANCE TO AMEND
THE VARIOUS OPERATING BUDGETS FOR OUTSTANDING
PURCHASE ORDERS - K. Hutton
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City Council Meeting Minutes - November 24, 1997
Page 5
Kathy Hutton presented summary and recommendation. Ms, Hutton advised
Council the amount being amended is $108,475, In addition, Ms. Hutton
answered Council questions.
Motion was made by Councilperson Maxwell to amend the various operating
budgets for outstanding purchase orders. Second by Councilperson Clarke.
The motion carried, 9 ayes, 0 nays.
Ayes: Councilpersons Sutherland, Engelken, Ebow, McLaughlin, Porter, Gay,
Maxwell, Clarke and Mayor Malone,
Nays: None
10. CONSENT AGENDA - ANY ITEM MAYBE REMOVED BY A
COUNCILPERSON FOR DISCUSSION
A, CONSIDER AWARDING BIDS FOR HEAVY EQUIPM.ENT
REPLACEMENT - S, Gillett
B. CONSIDER A WARDING BIDS FOR VEHICLE REPLACEMENT
- S. Gillett
c, CONSInER AWARDING BIDS FOR PARKS AND GOLF COURSE
EQUIPMENT REPLACEMENT - S, Gillett
Motion was made by Councilperson Gay to consolidate consent agenda items to
one motion and approve consent agenda, Second by Councilperson Clarke,
The motion carried, 9 ayes, 0 nays,
Ayes: Councilpersons Sutherland, Engelken. Ebow, McLaughlin, Porter, Gay,
Maxwell, Clark and Mayor Malone.
Nays: None
lJ. ADMIN1STRATIVE REPORTS
City Manager Robert T. Herrera advised City Council about the L.E,P,C. drill
last Tuesday. It was well attended by staff and L.E,P,C, members. He
informed Council that L. E, P,C, was very pleased with the City of La Porte staff
efforts during the exercise,
Secondly, Mr. Herrera stated regular Council meetings will be on December 8
and 22, 1997. If a meeting is not needed on December 22, it will be cancelJed,
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City Council Meeting Minutes - November 24, 1997
Page 6
Lastly, he thanked the Council for their action on the Texas Municipal
Retirement item this evening, and stated employees would be very appreciative.
12. COUNCIL ACTION
COllncilpersons Sutherland, Engelken, Porter, Gay, Maxwell and Malone
brought items to Council's attention,
13. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN
MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, AND 551.084,
TEXAS GOVERNMENT CODE, - (CONSULTATION WITH
ATTORNEY, DELIBERATION REGARDING REAL PROPERTY,
DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION,
PERSONNEL MATTERS, CONFERENCE WITH EMPLOYEES
DELIBERA TION REGARDING SECURITY DEVICES, OR
EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER
WITNESS IN AN INVESTIGATION)
14. CONSIDERA TION AND POSSIBLE ACTION ON ITEMS CONSIDERED
IN EXECUTIVE SESSION.
There were no items for an executive session, therefore none was held.
15. ADJOURNMENT
There being no further business to come before Council, the Regular Meeting
was duly adjourned at 6:27 p.m.
Respectfully submitted, .
v1Yl cWiltL a .HJ1l1j;(
M~r~la A. Gillett
City Secretary
Pass and approved on this 8uI day of December, 1997
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RluEST FOR CITY COUNCIL AGENIITEM
Agenda Date Requested: November 24, 1997
Requested By:
Louis Riabv
Department: Administrative Services
Report
Resolution
x
Ordinance
Exhibits:
Probationary Employment Restricted Prior Service Ordinance
SUMMARY & RECOMMENDATION
Prior to October 1, 1985, employees who were hired by the City were required to wait
ninety (90) days before becoming eligible for TMRS service, Employees hired after that
date were enrolled immediately. There are currently eighty-three (83) employees who were
hired prior to that date and have service with the City of La Porte that has not been counted
toward their retirement.
The TMRS Act has a provision that allows the governing body of a municipality to adopt an
ordinance allowing these employees to be granted probationary employment prior service
credit. There would be no cost to the employee, The estimated cost to the City would be
$9,600 annually,
Action Required by Council:
Adopt ordinance authorizing probationary prior service credit for eligible employees,
Availability of Funds:
General Fund
_ Capital Improvement
Other
WaterlWastewater
_ General Revenue Sharing
Account Number: Various
Funds Available: --2L Yes
No
ADDroved for City Council Aaenda
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Robert T, Herrera
City Manager
---1L11' \41
Date
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ORDINANCE NO. 97- 2202
AN ORDINANCE GRANTING TO CITY EMPLOYEES ADDITIONAL RIGHTS AND CREDITS IN THE TEXAS
MUNICIPAL RETIREMENT SYSTEM AS AUTHORIZED BY SECTION 853.303, nTLE 8, OF THE
GOVERNMENT CODE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF LA PORTE, TEXAS:
Section 1. Any employee of this City who is a member of the Texas Municipal Retirement System
and who performed service as a probationary employee for this City prior to September 1, 1989, for
which the employee did not receive credited service in the System because the person, as a
probationary employee was not enrolled as a member of the System during the period of probationary
employment, is hereby allowed to obtain prior service credit for the period of such probationary service
(not in excess of six months). pursuant to the provisions of Section 853.303, Title 8 of the Government
Code.
Section 2. To obtain prior service credit allowable under Section 1 of this ordinance, any employee
entitled thereto shall file a detailed written statement of the service claimed with the Human Resources
Manager within one year from the effective date of this ordinance.
Section 3. As soon as practicable after the employee has filed a claim for the prior service credit
under Section 853.303, Title 8 of the Government Code, the Human Resources Mahager shall, if said
officer determines that such service was performed as claimed, verify the prior service allowable (not
exceeding six months) and the average monthly compensation paid the member during the period of
probationary employment, and shall certify to the Board of Trustees of the System the creditable prior
service approved, and the average monthly compensation paid to the person by the city during the
period of probationary employment. -
Section 4. The City Council 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 City 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 5.
This ordinance shall become effective on the 1s1 day of December, 1997,
PASSED AND APPROVED, this the 241h day of November 1997,
CJTY OF LA PORTE
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, \. Norman t. Malode Mayor
ATTEST:
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WIL, rj~t
Ma a Gillett, 'City ~ecretary
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Knox Askins, City Attorney
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REOU. FOR CITY COUNCrL AGENDA I'.
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Agenda Date Requested: November 24, 1997
Requested By: G. Rankin Department: Planning ~~
_ Report _ Resolution
X OrdiluUlce
Exhibits: Ordinance
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SUMMARY & RECOMMENDATION
Ordinance 1000-1-8, if approved, would allow a new applicant to sell wine and/or beer. The City has investigated the
new applicants. Mattie Margaret Lindsey and Tina Lynn Mongiello, and has determined that they qualify for the permit.
Part of this qualification was based on the fact that Ms. Lindsey has entered into a contractual agreement to pay back
taxes owed to the City.
Ordinance 1000-1 will be amended by adding the following:
STREET ADDRESS OF THE PROPERTY: 1026 S. 81", La POI.te~ Hm...is County, Texas 77571.
LEGAL DESCRIPTION OF THE PROPERTY: TRS 17 thru 24 blk 172, Town of La Porte, Harris County, Tx.
PROPERTY OWNER: Mattie Margaret Lindsey, 1026 S. 81", L~I Porte, Texas 77571
NAME OF APPLICANTS: Mattie MarJf.aret Lindsey and Tina Lynn Mongiello
ADDRESS OF APPLICANT: 1026 S. 81, La Porte, Texas 77571
TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Blondie's Steakhouse
Action Required by Council:
Consider approval of Ordinance 1000-1-B.
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Availability of Funds:
General Fund Water/\Vastewater
_ Capitnllmprovement,-- General Revenue Sharing
Other
Account Number:
YES NO
T. Herrera
City Manager
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ORDINANCE NO. 1000-1-B
AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, AMENDING SECTION 6- .
78(a) OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY ADDING A
NAME AND LICENSE HOLDER AT AN AREA WHERE WINE AND/OR BEER FOR
CONSUMPTION ON THE PREMISES MAY BE SOLD; PROVIDING THAT ALL
OTHER PROVISIONS OF SECTION 6-76ET SEQ OF THE CODE OF ORDINANCES
OF THE CITY OF LA PORTE REMAIN UNCHANGED; FURTHER PROVIDING A
SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE. -
WHEREAS, the City of La Porte has, in Section 6-76 et seq of the Code of
Ordinances of the City of La Porte regulated the location, closing hours, and sale of
wine and/or beer on premises in accord with provisions of Texas Codes Annotated,
Alcoholic Beverage Code, Chapter 105, Section 105.05 and Section 105.06; and in
accord with the provisions of Texas Codes Annotated, Alcoholic Beverage Code,
Chapter 109, Subchapter C, Section 109.31 et seq; and
WHEREAS, said ordinance expressly limited the locations at which wine and/or
beer may be sold in the City, and further expressly identified the names of
establishments and permit holders authorized to sell wine and/or beer under the terms
of said ordinance; and
WHEREAS, a new applicant desires to sell wine and/or beer at a location
previously prohibited inSection 6-78(a} of the Code of Ordinances of the City of La
Porte; and
WHEREAS, the City has, pursuant to the terms of Section 6-76 et seq of the
Code of Ordinances of the City of La Porte, made its investigation to ascertain whether
said new applicant has qualified for a beer and/or wine permit from the City; and
Ordinance No. 1000-1'
Page 2
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WHEREAS, the City has determined that the new applicant qualifies for a beer
and/or wine permit from the City;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF LA PORTE:
Section 1. Section 6-78(a) of the Code of Ordinances of the City of La Porte of
the City of La Porte is hereby amended, by adding the following location for a
restaurant (as defined in said ordinance) at whiC?h beer and/or wine may be sold:
STREET ADDRESS OF PROPERTY: 1026 S 8th Street, La Porte, Harris
County, TX 77571
LEGAL DESCRIPTION OF PROPERTY: Tracts 17 thru 24, Block 172, Town of
La Porte, Harris County; TX
PROPERTY OWNER: Mattie Margaret Lindsay, 1026 South 8th Street, La Porte,
TX 77571 .
NAME OF APPLICANT: Mattie Margaret Lindsay and Tina Lynn Mongiello
ADDRESS OF APPLICANT: 1026 South 8th Street, La Porte, TX 77571
TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Blondie's
Steakhouse
Section 2. This ordinance shall further amend Section 6-76 et seq of the Code
of Ordinances of the City of La Porte, by granting a new permit for the operation of a
restaurant, as defined in said Section 6-76 of the Code of Ordinances of the City of La
Porte, at the above location, which permit shall be personal to the applicant, and non-
transferable, and shall be further conditioned that the permittee shall comply with the
provisions of the Texas Alcoholic Beverage Code, and all other applicable federal,
state, and local laws and ordinances, including other provisions of this ordinance and
Section 6-76 of the Code of Ordinances of the City of La Porte.
Ordinance No. 1000-1'
Page 3
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Section 3. It is the intent of the City Council of the City of La Porte that this
Ordinance merely permit the sale of wine and/or beer during the hours set by the .
general laws of the State of Texas by retailers selling wine and/or beer for consumption
on premises at the location established in Section 1 of this Ordinance. This Ordinance
is not an attempt to create zoning or other land use rights in property owners at said
location, such that the provisions of Chapter 106 of the Code of Ordinances of the City
of La Porte, together with all amendments thereto (as such provisions impose
standards ,on premises or businesses within the City of La Porte, regardless of whether
such business or premises are required to have a license or permit under the Texas
Alcoholic Beverage Code) govern and supersede the provisions of this Ordinance, in
the event of a conflict between this Ordinance and the provisions of Chapter 106 of the
Code of Ordinances of the City of La Porte and amendments thereto. This application
for wine and/or beer for consumption on premises shall be subject to the provisions of:
a. The Texas Alcoholic Beverage Code;
b. Section 6-76 et seq of the Code of Ordinances of the City of La Porte of the
City of La Porte;
c. This Ordinance insofar as this Ordinance does not conflict with the provisions
of the Texas Alcoholic Beverage Code; and
d. Chapter 106 of the Code of Ordinances of the City of La Porte,
and all amendments thereto, as such provision apply to all businesses within the
City of La Porte, regardless of whether or not such businesses are required to
obtain a license or permit under the provisions of the Texas Alcoholic Beverage
Code.
Ordinance No. 1000-1'
Page 4
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Section 4. All rights or remedies of the City of La Porte, Texas, are expressly
saved as to any and all violations of Section 6-76 et seq of the Code of Ordinances of ,
the City of La Porte, this Ordinance, or any amendments hereto, or any other
ordinance, statute or code, that permits and regulates the subject matter of this
Ordinance; and as to such accrued violation, any court shall have all the powers that
existed prior to the effective date of this Ordinance.
Section 5. If any section, sentence, phrase, clause, or any part of any section,
sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid,
such invalidity shall not affect the remaining portions of this ordinance, and it is hereby
declared to be the intention of this City Council to have passed each section, sentence,
,
phrase or clause, or part thereof, irrespective of the fact that any other section,
sentence, phrase or clause, or part thereof, may be declared invalid.
Section 6. 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 is posted at a place convenient to the public at the City Hall of the City for
the time required by law preceding this meeting, as required by the Chapter 551, Tx.
Gov't 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 7. This Ordinance shall be effective from the date of its passage and
approval, and it is so ordered.
Ordinance No. 1000-1.
Page 5
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PASSED AND APPROVED this the ~~ day of IJDv(it~e1( ,1997.
CITY OF LA PORTE
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N man' L. Malaria, Mayor
ATTEST:
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REouA FOR CITY COUNCIL AGENDA ITE~[
IlltJbflllt, ~"P!,lil~:'t,~:,,'~:'_ilii" ~I;['. ,,", 1"- '_', , 1 . 'II. Ii " I' ~I' '1' '; - II d -c,' ,> "JAi >. " \"":lI~
Agenda Date Requested: November 24. 1997
Requested By: s. Gillett ~Partment: Public Works
_ Report _ Resolution XXX Ordinance
Exhibits:
Ordinance No. 97-
Airport Project Participation Agreement
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SUMMARY & RECOMMENDATION
The Texas Department of Transportation, Aviation Division, has issued a grant offer to purchase property in the
. northwest comer of the Airport for Runway Protection Zone. The grant is in the amount of $222,222, The City's
matching share of the grant is $22,222. The purchase will also provide future ROW for the. extension of Farrington
Blvd. . - .
Although the purchase of ROW is an ineligible expense under federal and state guidelines, the dedication of former park
land for airport use, left over from the exchange With the developer of Glen Meadows Subdivision, should offset' the cost
of the ROW, The exact amount of the City's share will be determined when all the title work is completed and the State
makes an offer to the landowner, The Council will have final approval of the purchase,
Adequate funds are available in the Airport.fund to complete this project.
. .
Action Required by Council: ~pprove Ordinance 97- authorizing the City manager to execute the Airport
Project Participation Agreement between the City and the Tex~ Department .of Aviation for the purchase of land at
the northwest cOf!ler of the airport for ~unway Protection Zone.
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Availability. of Funds:
General Fund_ WaterlWastewater
_ Capital Imp~vement_ General Revenue Sharing
XX Other
Accou.nt Number: 010-9891-746-1100 Funds Available: XX YES NO
ADDroved for City Council A2~nda
g~'G ~
Robert T. Herrera
City Manager:
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Date
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ORDINANCE NO. 97-2203
AN ORDINANCE APPROVING AND AUTHORIZING AN AIRPORT PROJECT
PARTICIPATION AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE TEXAS
DEPARTHEBT OF TRANSPORTATION, FOR A GRANT FROM THE TEXAS DEPARTMDIT _
01' TRAHSPORTATION TO THE CITY OF LA PORTE FOR THE PURPOSE 01'
PURCHASING LARD FOR RUNWAY PROTECTION ZONES; MAKING VARIOUS
I'INDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING 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
City for the time reql,1ired 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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ORDINANCE NO. 97-2203
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PASSED AND APPROVED, this 24th day of November, 1997.
ATTEST:
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a tha A. Gillett
City Secretary
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City Attorney
CITY OF LA PORTE
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By: /h7Jl//..~/1c.lA~(
Norman "L. Malone
Mayor
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L Texas Department of Transportation
AVIATION DIVISION '
125 E. 11TH STREET · AUSTIN, TEXAS 78701.2483 · 512/416-4500 · FAX 512/416-4510
October 27, 1997
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The Honorable Norman' Malone
Mayor, City of La Porte
P. O. Box 1115
La Porte, TX 77572-1115
Dear Mayor Malone:
Enclosed are several documents that must be completed by you in order to accept the federal grant
for your aixport 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 (APP A) between the City
of La Porte, as airp<?rt sponsor, 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 JII identifies the obligations of the sponsor in'
accepting the state's financial assistance. In Part IV of the Agreem<<::nt, the Texas Depa~ent of
Transportation is named as your agent in implementing this project. Part IV also describes what the
Department's responsibilities are as your agent. Attachment A, Airport Assura~~es describ~s the federal
assurances required for receipt qf federal funding, T~e r~maining pans of the ~greement are for signatures
e.,,<ecutmg the Agreement.
Four additional documents are contained in this packet:
1) Certification of Project Funds. This indicates that you have sufficient funding for your share of the
project costs and indicates when your share Qf the costs will be available to meet project obligations.
Complete and return with the signed Agreement.
2) Certification of ~ort 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."q>enses; retaine_d earnings, and }:>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 return with the signed J\greement 'or upon creation of the fund within 60 c:lays.
An_Equal ~pportunity Employer
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The Honorable Mayor Malone
October 27, 1997
Page Two
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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 form is a federal requirement. Complete and
return to us with the signed Agreeme~t.
We request that you proceed as expeditiously as possible to execute. the Agreement an4 complete
the certifications.. Please e."<e~te 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 Agreeinent to the Texas Depanment_ of Transportation
by November 28, 1997. We will return a fully executed copy to you.
The Texas Department of Transportation looks fOIWard to working with you on this important
project for your community.
espe~ J L---
David S. Fulton
Director
cc: Mr. Stev~ Gillett, Airport Manager
Enclosures
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TEXAS DEPARTMENT OF TRANSPORTATION !: / - .~\ {' \ -y Il- .~) ~ ;,1
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AIRPORT PROJECT PARTICIPATION AGREEMENT ' .' '-I
(Federally Assisted Airport Development Grant)
TxDOT Contract No.: 8XXFA032
TxDOT CSJ NO.: 9842LPRTE
Part I - Identification of the Project
TO:
The City of LaPorte, Texas
FROM:
The State of Texas, acting through the Texas Department
of Transportation
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 proj ect 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, et~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 I.I - Offer of Financial Assistance (f;) ,~;:.- \y :'.' ))\~\;/
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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 curre~t 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
availability 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) .
s. 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-S 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 proj ect 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
and its
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shall disclose the source of all funds for the project
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
activities 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 u's'2 o.f 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
i.
the Sponsor shall submit to the State annual statements
of airport revenues and expenses as requested; and
j .
all fees collected for the use of an airport or
navigational facility constructed with fllnds 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 subsequent 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 proj ect, and wi thin the timeframe of the proj ect, 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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7.
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The Sponsor's acceptanc.e of this Offer and ratificatioIr 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 project and the operation and maintenance 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
contract a provision implementing this
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will include in every
special condition.
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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 the
project identified above, be the Agent of the Sponsor. The
Sponsor herewith grants the State a power of attorney to act
as its agent to perform the following services:
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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d. administer Disadvantage Business Enterprises (DBE) and/or
Historically Underutilized Business (HUB) Programs in
accordance with state regulations.
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 Stat~ 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. Pursui t 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
Page 10 of 14
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commitment which the Sponsor may
entered into or have assumed, in
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enter into or assume, or have
regard to the above project.
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 45 days
after receipt of the notice of suspension or termination.
7. This Agreement is subj ect 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.
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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 Acceptance 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.
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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
constituting the described project 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
The City of LaPorte. Texas
Sponsor
~ ul10v a. l)<{e I.ld(
/ Witness '.Signature
City Secretary
Witness Title
~\.~
Signature
C. ,~~ rnt\.",c.\et.
Title
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.
t",l
Dated at La Porte
day of November
~rt lJybAiI
Witness Si~
, Texas, this 24th
19 97 n
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Assistant City Secretary
Witness Title
Page 13 of 14
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Part VII - Attorney General's
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This contract is approved as to form.
Attorney General of Texas
By:
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,(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: f'.._~ C.
David S. Fulton, Director
Aviation Division
Texas Department of Transportation
Date:
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Page 14 of 14
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ATTACHMENT A
PART V - ASSURANCES
Airport Sponsors
A. GeneraL
1. These assurances shall be compiled with In the performance of grant agreements for airport development, airport pIaMIng, and
noise compatibility program grants for airport sponsors.
2. These assurances are naqu/red to be submlttsd 88 part of the Airport Project Participation Agreement (APPA) by 8pOI'I8CIf8
naquestlng funds under the provIsIona of TlUe 49, U.S,C" subtitle VII, as amended. As used herein, the term .publlc agency
sponsor" means a public agency with control of a publlc-use airport; the term .prIvate IpOI'I8OI'" means a private owner of 8 publJc..
use airport; and the term .sponsor" Includes both public agency sponsors and private spon&OI'8.
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 Projects Undertaken by a Public Agency Sponsor. The terms,
condlUons and assurances of the grant agreement shall remain In fuD force and effect throughout the useful life of the faclTdIes
developed or equipment acquired for an airport development or noise compaUbDIty program project, or ttvoughout the useful life of
the project Items Installed within a fBcIlity under 8 noise compatibility program project, but In any event nat to exceed twenty (20)
years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no Omit on the
duration of the assurance against exclusive rights or the terma, conditions and assurances with respect to real property acquired
with Federal funds. Fwthennore, the duration of the CM! 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 useful Ufe of project Items Installed within a fBcIlity or the useful Ute of the facilities
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 accepIance of Federal aid for the project. .
3. Airport Planning Undertaken by a Sponsor. Unless otherwise speclrled In the grant agreement, only Assurances 1, 2, 3, 5, 6,
13, 18, 30, 32, 33, and 34 In section C apply to planning projects. The terms, conditions, and assurances of the grant agreement
shaD 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 will 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. Title 49, U.S,C" subtitle VII, as amended, 1
b. Davis-Bacon Act - 40 U.S,C, 276(a), ~.
c. Federal Fair Labor Standards Act -2'19 U,S.C. 201, ~
d, Hatch Act - 5 U.S.C, 1501, !lHg.
e. Unlfol1l1 Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S,C. 4601,!l
B9.12
f, National Historic Preservation Act of 1966 - Section 106 -16 U.S,C, 470(f),1
g. Archeological and Historic Preservation Act of 1974.16 U,S,C, 469 through 469c,1
h. Native Americans Grave Repatriation Act - 25 U,S,C, Section 3001, ~.
I. Clean Air Act, P.L 90-148, as amended,
J. Coastal Zone Management Act, P.L 93-205, as amended.
k, Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U,S.C, 4012a,1
I. Title 49 ,U,S,C., Section 303, (formerly known as Section 4(f))
m, Rehabilitation Act of 1973 - 29 U.S.C, 794,
n. Civil Rights Act of 1964 - Title VI- 42 U,S,C, 2000d through d-4.
o. Age DIscrimination Act of 1975 - 42 U,S,C, 6101,~,
p. American Indian Religious Freedom Act, P,L, 95-341, as arended.
q Architectural Barriers Act of 1968 -42 U.S,C. 4151, ~
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, ~
t. Copeland Antikickback Act - 18 U,S,C, 874,
u. National Environmental Policy Act or 1969 - 42 U,S.C, 4321, ~ 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 Empioyment 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 (06102197. State Modified 7/97)
A-I
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Federal Regulations ' ~, 'V .~ : ~f J
a, 14 CFR Part 13 -Investigative and Enforcement Procedures, rr \ t) "
b. '4CfR .....,.-"....,p_I'<<........--_ e4~ . : I
C. 14 CFR Part 150 - Airport noise compatibility planning. ~> _ J-1 t1
d, 29 CFR Part 1 - Procedures for predetermination of wage rates.1
e. 29 CFR Part 3 - Contrac:tor& and lU~ors on public building or public work financed In whole or part ,
by Ioan8 or grants from the United Stat_,
29 CFR Part 5 - Labor slandards provIsIona applicable to contracts covering federally financed and assisted
construcIIon (BIso labor standards ~ applicable to nonconstructlon contracts IUbject to the Contract
Work Haura and Safety Standards Act),
41 CFR Part 60 - OffICe of Federal Contract Compliance Programs. Equal Empryment Opportunity.
Department of Labor (Federal and federally assisted contracting requirements).
49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and
local governments.3
49 CFR Part 20 - New restrictions on lobbying,
49 CFR Part 21 - Nondiscrimination In federally-asslsted programs of the Department of Transportation -
effectuation of TItle VI of the CIvU Rights Act of 1964,
49 CFR Part 23 - Participation by minority business enterprise In Department of Transportation programs.
49 CFR Part 24 - ur~orm relocation assistance and real property acquisition for Federal and federally
assisted programs,
49 CFR Part 'Z1 - Nondiscrimination on the basis of handicap In programs and activities receiving or
benefdtlng from Federal financI8I asslsIance,1 _
49 CFR Part 29 - Govemmentwlde debarment and suspension (non-procurement) and govemmentwlde
requirements for drug-free workplace (grants),
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.
49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building constructlon,1
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Office of Management and Budget Circulars
a, A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Govemments.
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 and OMB Circular A-87 contain requirements for State and Local Governments receiving
Federal assistance, Any requirement levied upon State and Local Govemments by this regulation and
circular shall also be applicable to private sponsors receiving Federal assistance under Title 49. United
Slates 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 resoluUon, motion or similar action has been duly adopted or passed as an offICIal
act of the appllcanfs 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 Information
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 terms, 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,
3 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 will 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,
6. 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 (06(02197 - Stale Modified 7/97)
A-2
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It will not eeII, lease, encumber, or otherwise transfer or dispose of IIIIY part of Ita UtIe or other Interests n the
property shown on ExhIbit A to this APPA or, for . noise compatibility program proJect, that portion of the
property upon which Federal funds have been expended, for the dwatlon of the tenna, condltlona, and
88SUIlIIlC881n the granl agreement without epprova! by the SectetaIy, If the transferee Is found by the
Secretary to be eligible under TItle 419, United States Code, to assume the obligations of the grant agreement
and to have the power, authority, and financial resources to carry out all such obligations, the sponsor sIIaII
Insert In the contract or document transferring or disposing of the sponso(slnterest. and make binding upon
the transferee aU of the terms, conditions, and assurances contained In this grant agreement.
For aU noise compatibility program projects which are to be carried out by another unit of local government or
are on property owned by a unit of IocaJ government other than the sponsor, It will enter Into an agreement
with that government. Except as otherwise specllIed by the SectetaIy, that agreement 8hal1 obligate that
government to the same terms, conditions, and assurances that would be eppllcable to It If It epplled dlredly
to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes
thereto must be satisfactory to the SectetaIy. It will take steps to enforce this agreement against the local
govsmment If there III 8UbstantIaI non-compllance with the terms of the agreement
For noise compatibility program projects to be carried out on privately owned property, It will enter Into an
agreement with the CJINIW' of that propeIty which Includes provIsIona specllIed by the Secretary. It will take
stepa to enforce this agreement against the property owner whenever there Is substantial non-compllance
with the tenna of the agreement
If the sponsor Is a private sponsor, It will take steps satisfactory to the Secretary to ensure that the airport will
continue to function as a publk>use airport In- accordance with these assurances for the duration of these
assurances.
If l1li arrangement Is made for management and operation of the aiIport by any agency or person other than
the sponsor or l1li employee of the sponsor, the sponsor will reserve suffICient rights and authority to Insure
that the airport win be operated and maintained In accordance Tille 419, United States Code, the regulations
and the terms, conditions and assurances In the grant agreement and shall Insure that such arrangement
also requires compliance therewith. .
8. Consistency with Local Plans. The project Is reasonably consistent with plans (existing at the time of submission of this
APPA) of public agencies that are authorized by the State In which the project Is located to plan for the development of the area
sumlUnding the airport. For noise compatibility program projects, other than land acquisition, 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 shall obtain from each
such agency a written declaration that such agency supports that project and the project Is reasonably consistent with the
agency's plans regarding the property, '
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7. Consideration of Local Interest. It has given fair consideration to the interest of communities In or near where the project may
be located.
8. Consultation with Users. In making a decision to undertake any airport development project under TrUe 419, United States
Code, It has undertaken reasonable consultations with affected parties using the airport at which project is proposed.
9. Public Hearings. In projects invoMng the location of an airport, 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 conceming a proposed project,
10. Air and Water Quality Standards. In projects invoMng airport location, a major runway 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
localed, 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, certirlC8tion 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 receivecl 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 certifies 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, I
12. Terminal Development Prerequisites. For projects which include tenninal 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 Tille 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 suppllecl 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 . S1aic Modified 7/97)
A.J
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b,
It IhaII make available to the Secretary and the Comptroller General af the United States. or any of their duly .'
aulhorlzed representatives, for the purpose of audit and examination, any books, docwnenI8, papers,'" _
recorda of the recipient that are pertinent to the grant. The Secretary may require that an apprapriIIte audI
be conducted by a recipient. In any casein which an Independent audit Is made of the accounts of 8
sponsor relating to the d/aposiUon of the proceeds of a grant or relating to the project In connection witt
which the grant was given or used, It shall file a centfled copy of such audit with the Complroller Genend of
the United States not later than &Ix (6) months following the close of the fiscal year for which the audit was .
made.
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14. Minimum Wage Rates. It 1haIIIncIude, In aD contracts In excess of $2,000 for work on any projects runded under the grant
agreement which Involve labor, pnMsIons establishing minimum rates of wages, to be predetermined by the Secretary of Labor, In
8CCOrdance with the Oavkr8acon Act, 8S amended (40 U,S.C. 276a-276a-5), which contrBctora shaD pay to sIcIIIed and unsIcIlled
labor, and such minimum rates shaIJ be stated In the Invitation for bIcl~ and shaD be Included In proposals or bids for the work.
15. Veteran's Preference. It shaIJ Include In all contracts for work on any project funded under the grant agreement which Involve
labor, such provisions as are necessary to Insure that, In the employment of labor (except In executive, administrative, and
supervisory posiUons), preference shall be given to Veterans of the VIetnam era and disabled veterans as defined In SectIon
47112 of T1Ue 49, United States Code. However, this preference shall apply only where the IndMduals are available and quaDfIed
to perform the work to which the imployment reJates.
18. Confonnlty to Plans and SpeclftcatlonL It wiD execute the project subject to plans, specifications, and schedules IppnMld by
the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site
preparation, construc:tIon, or other performance under this grant agreement, and, upon approval of the Secretary, shaD be
Incorpcnted Into this grant egraement. Any modification to the approved plans, specifications, and schedules shall also be
subject to approvaJ of the Secretary, and Incorporated Into the grant agreemenl
17. Construction Inspection and Approval. It wiD provide and maintain competent technical supervision at the construc:tIon site
throughout the project to assure that the work conforms to the plans, speciflC8tlons, 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 regulations 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 will fumish the Secretary with such periodic reports as required pertaining to the planning project and
plaM/ng work activities. '
c. It will 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 wl1l 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 airport's 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 Assurances (06/02197. State Modified 7/97)
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20. Hazard Removal and Mitigation. It will take appropriate action to assure that such tennInaJ aInlpace as Is required to pnJtect
Instrument and visual operations to the airport (including esIabIlshed minimum flight altitudes) wID be adequately cleared and
li~~protected by removing, kMertng, relocating, martclng, or lighting or oIherwIse mlUgatlng exIstIng.alrport hazards and by preventing
g" .the establishment or creation of futunt airport hazards.
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~ ~ . the use of land adjacent to or In the immediate vicinity of the airport to ac:tIvlUes and purposes compatible with nonnaJ alrport
operations, including landing and takeoff of aln:raft. In addition, If the project Is for noise compatibility program 1mpIementaUon, .
will not cause or permit any change In land use, within Its Jurisdiction, that wiD reduce Its compatibility, with respect to the airport,
of the noise compatlblDty program measures upon which Federal funds have been expended.
22. Economic Nondiscrimination.
a. It will make Its airport available 88 an airport for public use on reasonable terms and without unjust
discrimination, to any person, nrm, or corporation to conduct or to engage In any aeronautical activity for
furnishing services to the public at the airport.
b. In any agreement, contrec:t, 1ea8e, or other arrangement under which a right or privilege at the alrport Is
granted to any person, firm, or corporatJon to conduct or to engage In any aeronautical activity for furnishing
services to the public at the airport, the sponsor wiD Insert and enforce provIsIona requiring the contractor to-
(1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and
(2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the
contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other sImItar
types of price reductions to volume purchasers.
c, Each rDCeCf.based operator at the airport shaD be subject to the same rates, fees, rentals, and other charges
as are uniformly applicable to aD other flxed-based operators maJclng the same or similar uses of such airport
and utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to use any f1xed-based operator 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 facilities directly and substantially related
to providing air transportation as are applicable to aU such air carriers which make similar use of such airport
and utilize similar facilities, subject to reasonable classlrJCatlons such as tenants or nontenants and
signatory carriers and nonsIgnatory carriers. Classification or status as tenant or signatory shaD 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 prMlege which operates to prevent any person, nrm, or corporation
operaUng aircraft on the airport; from performing any services on Its own aircraft with Its own employees
(Including, but not limited to maintenance, repair, and fueling) that it may choose to perform.
g. In the event the sponsor Itself exercises any of the rights and privileges referred to In this assurance, the
services Involved will be provided on the same conditions as would apply to the furnishing 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 operation of the airport.
I, The sponsor may prohibit or limit 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 fIXed-
based operator shall not be construed as an exclusive right if both of the foilowing apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one lIxed-based operator to provide
such services, and
b, If allowing more than one flXed-based operator to provide such services would require the reduction of space
leased pursuant to an existing agreement between such single fixed-based operator and such airport,
It further agrees that It will not, either directly or Indirectly, grant or permit any person, nrm, or corporation, the exclusive right at
the airport to conduct any aeronautical activities, Including, but not limited to charter nights, pilot training, aircraft rental and
sighlseeing, 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 conjunction with other aeronautical activity, repair and
maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of
aircraft can be regarded as an aeronautical activity, and that It will terminate 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 compatibility project for which a grant Is made under Tille 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,
Airport Assurances (06102197 . Slate Modified 7/97)
A-'
28.
29.
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21.
Airport Revenues.
a. AD revenues generated by the 81rport end any local taxes on aviation fuel established lifter December 30, 1987,
will be expended by It for the cepital or opendIng costs of the 81rport; the locaI8Irport system; or other IoC8I
facilities which 81'8 owned or operated by the owner or operator of the 8irport and which 81'8 directly end
substantially related to the 8CtuaJ air transportation of passengers or property; or for noise mitigation purposes on
or off the 8Irport. Provided, however, that If covenants or assurances In debt obligations Issued befOl8 September
3, 1982. by the owner or operator of the 8Irport. or provisions enacted befOl8 September 3, 1982, In governing -
statutes contnlUIng the owner or opendo(s ftnancIng, pruvIde for the use of the rewnuea from any of the 8Irport
owner or operator's facIIItIe8, including the 81rport,'to support not only the 81rport but also the airport owner or
operator's general debt obIIgatIona or other flIcIIItIe8, then this DmIIatIon on the use of 811 revenues generated by
the airport (end, In the case of a public 8Irport.1oc8J taxes on 8Vl8Uon fuel) &haD not apply,
b. As part of the annu81audlt required lmder the SIngle AUdit Act of 1984, the aponsor will direct that the 8ucIiI will
review, end the resulting audit report will provide an opinion concerning. the use of airport revenue end taxes In
paragraph (a), end indicating whether funds paid or transferred to the owner or operator 81'8 paid or transferred In
a manner consistent with TItle 49, United States Code and any other applicable provision of law, InclUding any
regulation pnlIIIulgated by the Secretary or Administrator,
c, Ally civil penalties or other sanctIona wiD be Imposed for violation of this assurance In accordance with the
provisions of Section 47107 of TItle 49, United States Code.
26.
Reports and Inspections. It will:
a. submit to the Secr8tary such annu81 or apeciaI financial end operations reports as the Secretary may reasonably
request end make such reports available to the public; make available to the public at reasonable times and
places a report of the airport budget In a fannat prescribed by the Secretary;
b. for airport development projects, make the airport and all airport records and cIocuments affecting the airport,
including deeds, leases, operation end use agreements, regulations end other Instruments, available for
Inspection by any duly authorized agent of the Secretary upon reasonable request;
C. for noise compatibility program projects, make records and documents relating to the project and continued
compliance with the tenns, conditIona, end 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 format 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 listing 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) all services and property provided by the airport to other units of government and the amount of
compensation received for p~ 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 landing and takeoff of aircraft to the United States for use by Government aircraft In common with other
81rcraft at all Umes 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 detennined by the
Secretary, or othetwIse 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 calendar 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 Feeleral Facilities. 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 considers necessary or desirable for
construct/on, 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 will 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 as runways, taxiways, aprons, teoninal buildings, hangars and roads), Including all
proposed extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed
nonaviatlon areas and of all existing improvements thereon, Such airport layout plans and each amendment,
revision, or modiflC8tion 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 permit any changes or alterations In the airport or any of its facilities which are
not In confoonity 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 efflciency of the airport.
Airport Assurances (06102197 - State Modified 7/97)
A-6
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b. If a ch8nge or alteration In the airport or the f8cIIitIes Is made which the Secretary determines lIdvenIeIy -
affed8 the safety, utility, or efflclency of III1Y feder8l/y owned, leased, or funded property on or off the lIIrport
and which Is not In conformity with the BIrport IIIyout pI8n 88l1pproved by the Secretary, the GWr8' or
operator will, If requested, by the Secretary (1) eliminate such IIdver8e effect In a manner apprcMld by the
SecreI8ry; or (2) bear aD costs of relocating such property (or replacement thereof) to a 8Ite lICCeptabIe to the
Secretary and an costa of restoring such property (or replacement thereof) to the level of safety, utility,
effic:lency, and cost of operation existing before the unapproved ch8nge In the lIIrport or Its flICIlitles.
30. Civil Rights. It wiD comply with such rules 8S lII8 promulgated to lISSLIre that no penlOI'I8haII, on the grounds of race, creed,
color, national origin, sex, age, or hBndlcap be excluded from partIcIplItIng In IIIlY lICtMty conducted with or benefiting from funds
received from this grant. ThIs 8SSU...nce obligates the sponsor for the period during which Federal flnanclalll88lstance Is
extended to the program, except where Federal financial assistance Is to provide, or Is In the form of personal property or relII
property or Interest therein or structures or Improvements thereon In which case the lISSUrance obligates the sponsor or III1Y
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 extended, or for another purpose involving the provision of similar services or benefits, or (b) the period
during which the sponsor retains ownership or possession of the property.
31. Disposal of Land.
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 time. That
portion of the proceeds of such disposition which Is proportionate to the United States' share of acquisition
of such land wiD, at the discretion of the Secretary, 1) be paid to the Secretary for deposit In the Trust Fund,
or 2) be relnYested In an apprcMld noise compatibility project 88 prescribed by the Secretary.
b. (1) For land purchased under a grant for airport development purposes (other than noise compatibility), It
will, 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 Slates' proportionate share of the fair martet
value of the land. That portion of the proceeds of such disposition which Is PrOportionate to the United
States' share of the cost of acquisition of such land will, (a) upon application to the Secretary, be relilvested
In another eligible airport Improvement project or projec:ts approved by the Secretary at that airport or within
the national airport 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 assurance If (a) it may be needed
for aeronautical purposes Oncluding runway protection 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,
land 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
December31, 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) will be subject to the retention or reservation of any Interest or right
therein necessary to ensure that such land will only be used for purposes which are compatible with noise
levels associated with operation of the airport.
32. Engineering and Design Services. It will 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 TrUe IX of the Federal Properly and Administrative Services Act of 1949 or an equivalent
qualincations-based requirement prescribed for or by the sponsor of the airport,
33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses IIIlY
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.
3-4. Policies, Standards, and Specifications. It will carry 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
projects, dated Mav 1. 1995 and Included In this grant, and in accordance with applicable state policies, standards, and
speciflC8tions 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 State law, by the land acquisition policies in Subpart 8 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 periocl 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 Assurances (06/02197 - Stale Modified 7/97)
A-7
Updated On: May 1. 118.
NUMBER
7OI7460-1H, CHG 1 & 2
1501~13
15015100.14C
15015210.58
15015211).78
15015211).14
15015211).15
15015211).18
1501522<J.48
15015221).1OA
15015221).13B
15015220-14A
15015220-18A
1501522().17A
15015221).18
15015220.19
15015221).20, CHG 1
15015220-21, CHG 1
15015301).13, CHG 1, 2, 3, & 4
15015301).14
15015301).15
15015320.5B
15Q1532o.6C, CHG 1 & 2
15015321).12 B
15015321).14
15015325-4A, CHG 1
1501S340-1G
1501534O-4C, CHG 1 & 2
1501S34C).58, CHG 1
1501S340-14B. CHG 1 & 2.
1501S340-178
1501S340-18C, CHG 1
1501S340-19
1501S340-21
1501S340-238
1501S340-24, CHG 1
1501S340-27 A
15015345-30
15015345-5A
15015345-70, CHG 1
15015345-10E
15015345-12C
15015345-13A
15015345-26B, CHG 1 & 2
15015345-27C
15015345-280, CHG 1
15015345-39B, CHG 1
15015345-42C, CHG 1
15015345-430
1501S345-44F, CHG 1
1501S345-45A
15015345-46A
15015345-47 A
1501S345-49A
15015345-50, CHG 1
15015345-51, CHG 1
15015345-52
15015345-53
15015360-9
1501S360-12A
15015360-13, CHG 1
15015371).2C
15015370-6B
15015371).10A, CHG " 2, 3, 4, 5, 6, 7, & 8
15015371).11, CHG 1
15015371).12
1501S390-2A
1501539()..3
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CURRENT FAA ADVISORY CIRCULARS FOR AlP PROJECTS
fF~ t(,~ ~ "::\\ \'WV(
SUBJECT ' d ( ~ ~ ; ~ ~;'. ~ \
0bIIructIan Maddng and lighting '. \.. />: "" \....l; .! i ~:
Announcement fII Avalllblllty RTCA Inc., Document RTCA-221 , Guidance and'Reccimmend8d ,_' II
Requirements far Airport Surfllc:e McMment Senaora
Architadunll, engineering, and Planning Consultant ServIces far Airport Grant ProJacts
PaIntIng. Maddng and lighting fII Vehlcla8 Used on an Airport
Aircraft FIre and Rescue Communications
Airport FIre and Rescue P8flIOnnel Protective Clothing
Airport RlISClIlI and F1rafightlng Station Building Design
Systems far Intefactiva Training of Airport P8flIOnnel
Water Supply Systarnl for AIIcnIft FIre and Rascue Protection
Guide Speciftcatlon far Water/Foam Type Aircraft Rescue and F1refighlng Vehlc:les
Runway SuIface Condition Sensor Specification Guide
AIrport FIre and Rescue Vehicle Specification Guide
Automated Weather ObservIng Systems far NonFederal Applications
DesIgn SIlIncIards far Aircraft Rescue F1refightlng Training Facilities
Buildings far Storage and Malm-nce fII Airport Snow and Ice Control Equipment and Materials
Guide Spec:iftcatIon far Small. Dual-Agent Aircraft Rescue and FIrefIghUng Vehicles
AIrport SnGw and Ice ContnlI Equipment
Guide Specifications far UfIs Used to Board Airline Passengers with Mobility Impairments
AIrport Design
DesIgn fII AIrcraft Deicing Facilities
Use fII Value Engln..tng far Engineering Design of Airport Grant ProJacts
AIrport Drainage
Airport Pavement DesIgn and Ewluation
Measurement, Construction. and Maintenance of Skid Resistant Airport Pavement Surfaces
Airport landscaping for Noise Control Purposes
Runway Length Requirements for Airport Design
Standards far Airport MarkIng
Installation Details for Runway Centerline Touchdown Zone Ughting Systems
Segmented Circle Airport Marker System
Economy Approach UghUng Aids
Standby Power for NonFAA Airport Ughting Systems
Standards far AIrport Sign Systems
Taxiway Centerline Ughtlng System
Airport Miscellaneous Ughtlng VIsual Aids
Supplemental Wind Cones
Runway and Taxiway Edge Ughtlng System
Air.To-Ground Radio ContnlI of Airport Ughtlng Systems
Specification for L.a21 Panels far Remote Control of Airport Ughting
Circuit Selector Switch
Specification for L.a24 Underground Electrical Cable for Airport Ughting Circuits
SpecilIcation for Constant Current Regulators Regulator Monitors
SpecIlication for Airport and Heliport Beacon
SpecilIcation for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits
Specifications for L.a23 Plug and Receptacle, Cable Connectors
Specification for Wind Cones Assemblies
Precision Approach Path Indicator (PAPI) Systems
FAA Specification L-8S3, Runway and Taxiway Centerline Retroflective Markers
Specification for Airport Ught Bases, Transfonner Housings, Junction Boxes and Accessories
Specification far Obstruction Lighting Equipment
Specification for Taxiway and Runway Signs
Lightweight Approach Light Structure
Specification for Runway and TlIIdway Ught FIxtures
Isolation Transformers for Airport Ughtlng Systems
Specification L-854, Radio Control Equipment
Specification for Portable Runway Lights
Specification for Discharge- Type Flasher Equipment
Generic VISual Glldeslope Indicators (GVGI)
Airport Ughing Equipment Certification Program
Planning and Design of Airport Terminal Facilities at NonHub Locations
Airport Signing and Graphics
Planning and Design Guidance for Airport Terminal Facilities
Operational Safety on Airporta During Construction
Construction Progress and Inspection Report-Airport Grant Program
Standards for Specifying Construction of Airports
Use, of Nondestructive Testing Devices in the Evaluation of Airport Pavements
Quality Control of Construction for Airport Grant Projects
Heliport DesIgn
Vertiport Design
A-8
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CERTI PI CAT ION OP PROJECT PUNDS
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TxDOT Contract No.: 8XXFA032
TxDOT CSJ NO.: 9842LPRTE
Robert T. Herrera , Citv 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:
I,
,
SPONSOR FUNDS
Source
Amount
Date 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~.
The city of LaPorte. Texas
(Sponsor)
By: ~~\. ~
Tit 1 e : C\-\-~ '(Y'\c. ~c.. \ C'. (l..
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CERTIFICATION OF AIRPORT FUND
TxDOT Contract No.: 8XXFA032
TxDOT CSJ NO.: 9842LPRTE
I,
Robert T. Herrera
(Name)
do hereby certify that the
,
City ManRc;lF!T
(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~.
The City of LaPorte , Texas
(Sponsor)
By: G<~ T. \-\~
Title: C\'~~ rt'\o.w~~~~
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DESIG~TIOH OF SPONSOR'S AUTHORIZED REPRESENTATIVB
TxDOT Contract No.: 8XXFA032
TxDOT CSJ NO.: 9842LPRTE
I,
Robert T Herrp-r~
(Name)
hereby designate Steve
r.i t:y M;!n""g~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.\Jr~ ml)w~~c(a.
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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c:ER2!J:n~J:OH 1U!:GAlU):ING DRt7G-1'RE!l WORRPLACB
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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, 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, city, 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: CX~ \. ~
Da ted: \ l. 1. "\, . ~ "1
Robert T. Herrera, City Manager
Typed Name and Title of Sponsor Representative
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REOUE.FOR CITY COlJNCrL AGENDA IT"
Agenda Date Requested: November 24. 1997
Requested By:
John Joems
Department: Assistant City Manager
_ Report -X-- Resolution _ Ordinance
Exhibits:
Resolution 97-
SUMMARY & RECOM"Ml:NUA TION
The City will soon be spending budgeted fimds for acquisition of property (mId potentially other costs) in support of the FIO I Drainage
Project,
The FIOI Drainage Project in the Lomax area is a potenlial Bond Fund Project. The Tax Reform Act of 1986 made changes that
severely limited the ability of a City t.o reimburse itself (from bond funds) for expcnses incurred on a project prior to the issuance
of bonds for the project.
In visiting with the City's Bond Counsel, Mr. M, Paul Martin. we found that amendments to the Internal Revenue Code and State
Law now permit the Cily the option of reimbursing itself for pre-bond issuance expcnses if a resolution declaring this intention is
passed. The :~Uached resolution meets this requirement.
The purpose of the attached resolution is to leave the City with the option of reimbursing itself for expenses incurred prior to the
issuance of bonds on the above mentioned project. AI the time the bonds are sold. the City can decide whether to reimburse itself
or not
Staff believes this is a bcnefici:ll tool to use with this and other future bond projects. Where it would be especially beneficial is
when a project is re.1dy Lo be sl~lrted but the bond sale is still several months away. Progress could continue on the project with
funds Cldvanced from another source and reimbursed when the bonds are sold.
I would like to dmw your allention to Section 2 of the Resolution. The wording of this section is t.o imply that the bonds sold
may be general obligation or utility revenue and that the lotal amount of the issne is estimaled to be $2,000,000. These funds
would be available for several projects, including the above-mentioned project. The amount of lhe total issue is being Slaled since
the actual cost of this project is not known at this time.
Action RCl,uircd hy Cuuncil:
Approve Resolution declaring intention to reimburse certain expendilures wilh borrowing proceeds.
Availability of Funds:
General Fund Water/\\l~'stewater
_ Capitallmprovement_ Genenll Revenue Sharing
Other
Account Number:
Funds Av~,ilahle:
YES NO
Approved for City Council A2enda
R4.=
City Manager
1I/:Z0 If 7
I f
Date
. RESOLUTION NO. 97- 1.<<;<<:>>!PV
RESOLUTION DECLARING INTENETION TO REIMBURSE CERTAIN EXPENDITURES WITH
BORROWING PROCEEDS
WHEREAS, the City of La Porte, Texas (the "Issuer") de...ires to pay expenditures in connection with the
design, planning, acquisition, construction, equipping, and/or renovating the project or facilities described as
the FIOI Drainuge Project (the project),
WHEREAS, Article 717k-6, Vernon's Texas Civil Statute..., as amended ("Article 717k-6") permits the Issuer
to use the proceeds of obligations to reimburse the Issuer for costs attributable to the Project paid or incurred
before the date of issuance of such obi igations; and
WHEREAS, the Issuer tinds, considers, and declares that the reimbursement of the Issuer for the payment of
such expenditures will be appropriate and consistent with the objectives of the Issuer's programs and, as such,
chooses to declare its intention, in accordance with the provisions of Section 1,150-2 of the Treasury
Regulations, to reimburse itself till' such payments at such time as it issuers obligations to tinance the Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE,
TEXAS THAT:
Section I, This Resolution declared the intention of the Issm:r to reimburse the expenditures for the
Project with the proceeds of ohligation, The Issuer presently intends to reimburse the expenditure by
incurring obligations issued under Texas law the interest un which is excludable from gross income under
section t03 of the Internal Revenm: Code of 1986, as amended,
Section 2, The Issuer reasonably expects to incur debt, in one or more series of obligatk~ns, in an
aggregate maximum principal amount now estimated to he equal to $2,000,000,00 for the purpose of paying
the costs of the Project. .
Section 3. The Issuer intends to reimhurse the exptmditures hereunder not later than 18 months after the
date the original expenditure is paid 1.11' the date the Project is placed in service or abandoned, but in no event
more than three years after the original expent.liture is paid unless the Project is a construction project for
which the Issuer and a licensed architect or engineer have certitied that at least tivt: years are necessary to
complete the Project in which event the maximum reimhursement period is tive years after the date of the
original expenditurt:.
Section 4, The Issuer intends that this Resolution satisfy the official intent requirement set forth in
Section 1.150-2 of the Treasury Regulations and evidences its intentions under Article 7171 k-6,
Section 5. This Resolution shall be liherally construed to evidence the intent of the Issuer to comply with
state law and federal income tax law in the issuance uf tax-exempt obligations till' the Project.
PASSED AND APPROVED this the 24lh day of November, 1997
ATf~tu () I }1l11t1;
~ha A, Gillett, City Secretary
e, e
- -
. -
~ST FOR CITY COUNCIL AGE. ITEM
! ~ I : l
Agenda Date Requested:
Department: Finance
Requested By:
X Report _ Resolution _ Ordinance
Exhibits: None
I i WI' I Ii
SUMMARY & RECOMMENDATION
The City's fiscal year ended September 30, 1997, At that time, there were 47 outstanding purchase orders, The purchase orders
represent goods that were ordered and budgeted funds that were committed to procure items necessary to operate the City, We need to
re-establish these items for the new fiscal year, This action will have no effect on the working capital of the various funds.
A breakdown of the "open" purchase orders by operating fund are as follows:
Fund Number Amount
General Fund 38 $ 87,210
Utility Fund 4 10,469
Sylvan Beach Fund 2 2,501
Golf Course Fund 2 7,856
Economic Development Fund ---.l 439
Total 47 $108,475
A few examples of the "open" purchase orders are: 1) Printing offorms ordered but not received, 2) Grass seed for landscaping in
the Parks and Golf Course Maintenance Divisions ordered but not received, 3) Protective wear for the Police Department ordered but
not received,
The above amendments will not have an impact on the projected working capital balances for the year because they were all projected
to be expended in the last fiscal year,
Action Required by Councll:
Instruct the Director of Finance to amend the various operating budgets for outstanding purchase orders,
I ~ ': ,I
Availability of Funds:
General Fund
Capital Improvement
VARIOUS Other
Water/Wastewater
General Revenue Sharing
Account Number: VARIOUS
FundsAvailable: X YES _NO
---.
-
^Il~~ Council Agenda
Ro~ . Herrera, Date
Oty P anager
ly;zD/n
I
e
e
~UEST FOR CITY COUNCIL AG~A ITEM
Agenda Date Requested:
xxx X Report
7
Requested By: S. Gil
Department:
Public Works
Resolution
Ordinance
Exhibits: Bid Tabulation
Bidder's List
SUMMARY & RECOMMENDATION
Sealed Bid #0720 for the purchase of replacement heavy equipment received
on November 3, 1997. Bids were sent to twelve (12) vendors, with four (4)
returning bids and one no-bid.
Item 1 is the replacement of one tractor-mount boom flail mower. Low bid
meeting specs was submitted by Brookside Equipment for $7,765.00, less a
trade-in allowance of $665.00, for a net bid of $7,100.00.
Item 2 is the replacement of one 15 foot flex-wing rotary mower. Low bid
meeting specs was submitted by Brookside Equipment for $7,965.00, less a
trade-in allowance of $2,500.00, for a net bid of $5,465.00.
Item 3 is the replacement of one turf tracto~. Low bid meeting specs was
submitted by Brookside Equipment for $13,715.00, less a trade-in allowance
of $5,500.00, for a net bid of $8,215.00.
Item 4 is the replacement of one turf tractor with front end loader, Low
bid meeting specs was submitted by Brookside Equipment for $17,790.00, less
a trade-in allowance of $5,500.00, for a net bid of $12,290.00.
Item 5 is the replacement of one industrial tractor loader/backhoe. Low
bid meeting specs was submitted by Carruth-Doggett Industries for
$44,790.00 (includes optional backhoe extension), less a trade-in allowance
of $8,500.00, for a net bid of $36,290.00.
H-GAC was asked to submit bids on the above replacements. All H-GAC
pricing was higher. The total of low bids meeting specs, less trade-in
allowance, is ,$69,360.00. A total of $100,477.00 was budgeted for these
replacements.
Action Required by Council: Award bid for Items 1,2,3 and 4 to Brookside
Equipment. Award bid for Item 5 to Carruth-Doggett Industries.
Availability of Funds:
General Fund
Capital Improvement
Other
XXXX
Water/Wastewater
Motor Pool
Account Number:
Various
Funds Available: -XX-YES
NO
Approved for City Council Agenda
~oW1"~~
Robert T. Herrera
City Manager
\l.(f1-'l..1
DATE
e
-
VEHICLE/EQUIPMENT BIDS
FY 97/98
BID # 0720 HEAVY EQUIP.
AMOUNT AMOUNT LESS TOTAL RECOMMENDED
Item #1 DESCRIPTION BUDGETED BID TRADE-IN COST (OVER)/UNDER VENDOR
Tractor Mount Boom Flail (1) $ 4,052
Brookside EQuipment $ 7,765 $ 665 $ 7,100 $ (3,048) Brookside EQuiD.
Rush EQuipment No Bid $ - $ - $ -
Carruth Doggett No Bid $ - $ - $ -
Mustang Tractor No Bid
Item #2
15 Foot Flex Wing (1) $ 10,535
Brookside Equipment $ 7,965 $ 2,500 $ 5,465 $ 5,070 Brookside Equip.
Rush EQuipment No Bid
Carruth Doggett No Bid
Mustang Tractor No Bid
Item #3
Turf Tractor (1) $ 17,640
Brookside EQuipment $ 13,715 $ 5,500 $ 8,215 $ 9,425 Brookside Equip.
Rush EQuipment No Bid
Carruth Doggett No Bid
Mustang Tractor No Bid
Item #4
Turf Tractor w/Loader (1) $ 21,945
Brookside Eouipment $ 17,790 $ 5,500 $ 12,290 $ 9,655 Brookside Equip,
Rush Equipment No Bid
Carruth Doggett No Bid
Mustang Tractor No Bid
Item #5
Loader Backhoe 11) * $ 46,305
Brookside Eouipment No Bid
Rush Equipment ** $ 46,166 $ 9,500 $ 36,666 $ 9,639
Carruth Dogoett $ 44,790 $ 8,500 $ 36,290 $ 10,015 Carruth Dogget
Mustang Tractor $ 50,770 $ 8,000 $ 42,770 $ 3,535
Totals $ 100,477 $ 92,025 $ 22,665 $ 69,360 $ 31,117
* Includes Extendable Dipperstick Option.
** H-GAC Bidder
"
tit
B & H EQUIPMENT INC
PO BOX 1315
MT, BELVIEU TX 77580
CON-EQUIP INC,
8111 MILLS ROAD
HOUSTON, TX 77064
ID- WAY EQUIPMENT
P,O, BOX 14174
HOUSTON, ,TX 77221
MUSTANG TRACTOR & EQUIPMENT
P,O, BOX 1373
HOUSTON, TX 77251-1373
R.B. EVERETT
P,O, BOX 327
HOUSTON, TX 77001
WOWCO EQUIEMENT CO,
5430 HWY 146
BA YTOWN, TX 7752,0
CHAMBER OF COMMERCE
PO BOX 996
LAPORTE TX 77572-0996
BIDDER'S LIST
e-
HEAVY EQUIPMENT
SEALED BID #0720
CARRUTH-DOGGETT INDUSTRIES
926 N, SAM HOUSTON PARKWAY
HOUSTON TX 77032
EDGAR MACHINERY CORP,
7700 ROMEA
HOUSTON, TX 77028-6045
LANSDOWNE MOODY
1600 FM 528
WEBSTER, TX 77598
PRECO MACHINERY SALES
P,O. BOX 12625 -
HOUSTON, TX 77217
RUSH EQUIPMENT CENTER
10100 NORTH LOOP EAST
HOUSTON TX 77029
BROOKSIDE EQUIPMENT SALES
190031-45 NORTH
SPRING TX 77388
, BA YSHORE PUBLISH DATES-:
OCTOBER 19, 1997
OCTOBER 26, 1997
~UEST FOR CITY COUNCIL AGdltA ITEM
XXXX . Report
1997
Agenda Date Requested:
Requested By: S. Gillet
Department:
Public Works
Resolution
Ordinance
Exhibits: Bid Tabulation
Bidder's List
SUMMARY & RECOMMENDATION
Sealed Bid #0719 for the purchase of replacement vehicles were received on
November 3, 1997. Bids were sent to fourteen (14) vendors, with four (4)
returning bids.
Item I is the replacement of six (6) police patrol cars. Low bid meeting
specs was submitted by Philpott Ford for a total bid of $120,588.00.
Item 2 is the replacement of one 1/2 ton pick-up with service body. Low
bid meeting specs was submitted by Philpott Ford for a total bid of
$15,944.00.
Item 3 is the replacement of one I ton cab and chassis. Low bid meeting
specs was submitted by Les Marks Chevrolet for a total bid of $20,230.00.
Item 4 is the replacement of two (2) 1 ton pick-ups with service body. Low
bid meeting specs was submitted by Les Marks Chevrolet for a total bid of
$47,100.00.
Item 6 is the replacement of one 3/4 ton van with a 2/4 ton 4wd sport
utility vehicle. Low bid meeting specs was submitted by Philpott Ford in
the amount of $26,889.00.
H-GAC was asked to submit bids on the above replacements.
exception of Item 3, H-GAC pricing was higher. H-GAC bid
than Les Marks Chevrolet. Because the higher bid is well
and local service is more readily available, the bid from
Chevrolet is recommended.
With the
was $485.00 lower
within budget,
Les Marks
The total of low bids meeting specs is $230,810.00. A total of $238,545.00
was budgeted for these replacement vehicles.
Action Required by Council: Award bid for Items 1,2 and 6 to Philpott Ford.
Award bid for Items 3 and 4 to Les Marks Chevrolet.
Availability of Funds:
XXXX
Water/Wastewater
Motor Pool
General Fund
Capital Improvement
Other
Account Number:
Various
Funds Available: -XX-YES ____ NO
Approved for City Council Agenda
~ \, \~ ,,\ ,,,\\"'\
e,
e
VEHICLE/EQUIPMENT BIDS
FY 97/98
BID # 0719 VEHICLES
AMOUNT AMOUNT RECOMMENDED
Item #1 DESCRIPTION BUDGETED BID (OVER)/UNDER VENDOR
Patrol Cars (6) $ 135,450
Philpott Ford $ 120,588 $ 14,862 Philpott Ford
McRee Ford $ 121,373 $ 14,078
Casa Ford $ 133,026 $ 2,424
Les Marks Chevrolet No Bid
Item #2
1/2 ton Pu w/Service Body (1) $ 17,943
Philpott Ford $ 15,994 $ 1,949 Philpott Ford
McRee Ford No Bid
Casa Ford No Bid
Les Marks Chevrolet No Bid
H-GAC $ 18,182 $ (239)
Item #3
1 Ton Cab & Chassis (1) $ 21,416
Philpott Ford No Bid
McRee Ford No Bid
Casa Ford No Bid
Les Marks Chevrolet $ 20,230 $ 1,186 Les Marks
H-GAC $ 19,745 $ 1,671
Item #4
1Ton Pu w/Service Body (2) $ 43,736
Philpott Ford No Bid
MCRee Ford No Bid
Casa Ford No Bid
Les Marks Chevrolet $ 47,100 $ (3,364) Les Marks
H-GAC $ 47,483 $ (3,747)
Item #6
3/4 Ton 4wd Sport Utility (1) $ 20,000
Philpott Ford $ 26,898 $ (6,898) Philpott Ford
McRee Ford No Bid
Casa Ford No Bid
Les Marks Chevrolet $ 27,800 $ (7,800)
238,545
230,810
7,735
TOTAL AMOUNT BUDGETED: $
TOTAL LOW BID: $
TOTAL (OVER)/UNDER BUDGET $
.
A C COLLINS FORD
1831 SOUTH RICHEY
PASADENA, TX 77502
BILL HEARD CHEVROLET
PO BOX 530
HOUSTON TX 77487-0530
CASA FORD
47011-10 EAST
BA YTOWN TX 77521
JACK ROACH - FORD
2727 SOUTHWEST FREEWAY
HOUSTON, TX 77098
LES~SCHEVROLET
PO BOX 1119
LA PORTE, TX 77572-0119'
ORANGE COUNTY FORD
1601 GREEN AVE
O~GE, TX 77630
RONCRAFTCHEVROLEVOLDS
3401 NORTH MAIN
BAYTOWN TX 77521
CHAMBEROFCOMNrnRCE'
PO BOX 960 -
LA PORTE TX 77572-0960
e'
BIDDER'S LIST
SEALED BID #0719 - VEmCLES
BAYOU CITY FORD
PO BOX 21321
HOUSTON, TX 77226
BOB PAGAN FORD
7626 BROADWAY
GALVESTON, TX 77553
INTERSTATE FORD
20405 1-45
SPRING, TX 77388
JOE CAMP FORD
621 HWY 146 SOUTH
LA PORTE, TX 77571
MCREE FORD
P.O. BOX 577
DICKINSON, TX 77539
PHILPOTT FORD
PO BOX-876
PORTNECHES'TX 77651
TIMMERS CHEVROLET
816 W PASADENA FWY
PASADENA TX 77506
. .
BA YSHORE SUN .PUBLISH DATES:
OCTOBER 19, 1997
OCTOBER 26, 1997
~UEST FOR CITY COUNCIL AG~A ITEM
Agenda Date Requested: November 24, 1997
Requested By: S. Gillett~ Department:
XXXX Report Resolution
Public Works
Ordinance
Exhibits: Bid Tabulation
Bidder's List
SUMMARY & RECOMMENDATION
Sealed Bid #0721 for the purchase of replacement Parks and Golf Course
equipment were received on November 3, 1997. Bids were sent to five (5)
vendors, with three (3) returning bids.
Item 1 is the replacement of one five-gang reel mower. Low bid meeting
specs was submitted by Brookside Equipment for $27,610.00, less a trade-in
allowance of $2,620.00, for a net bid of $24,990.00.
Item 2 is the replacement of one rotary mower.
submitted by Professional TUrf for $24,446.00
$500.00 is not recommended.
Low bid meeting specs was
The trade-in allowance of
Item 3 is the replacement of one riding greens mower. Low bid meeting
specs was submitted by Brookside Equipment for $13,965.00, less a trade-in
allowance of $2,500.00, for a net bid of $11,465.00.
Item 4 is the replacement of one off-road utility vehicle. Low bid meeting
specs was submitted by Watson Distributing for $10,400.00, less a trade-in
allowance of $1,500.00, for a net bid of $8,900.00.
H-GAC was asked to submit bids on the above replacements. H-GAC does not
bid these items. The total of low bids meeting specs, less trade-in
allowance, is $69,801.00. A total of $99,673.00 was budgeted for these
replacements.
Action Required by Council: Award bid for Items 1 & 3 to Brookside
Equipment. Award bid for Item 2 (without trade-in) to Professional Turf.
Award bid for Item 4 to Watson Distributing.
Availability of Funds:
XXXX
Water/Wastewater
Motor Pool
General Fund
Capital Improvement
Other
Account Number:
Various
Funds Available: -XX-YES ____ NO
Approved for City Council Agenda
cx~'~
Robert T. Herrera
City Manager
\) "1t1-ql
DATE
e.
-
VEHICLE/EQUIPMENT BIDS
FY 97/98
BID # 0721 GOLF COURSE PR
AMOUNT AMOUNT LESS TOTAL RECOMMENDED
Item #1 DESCRIPTION BUDGETED BID TRADE-IN COST (OVERl/UNDER VENDOR
Five GanQ Reel Mower (1) $ 34,000
Watson Distributina $ 23,500 $ 2,000 $ 21,500 $ 12,500
Professional Turf $ 24,569 $ 500 $ 24,069 $ 9,931
Brookside Eauipment $ 27,610 $ 2,620 $ 24,990 $ 9,010 Brookside Eauio.
Item #2
Rotary Mower '1' $ 39,938
Watson Distributina $ 33,450 $ 2,500 $ 30,950 $ 8.988
Professional Turf $ 24.446 * 500 $ 24,446 $ 15.492 Professional Turf
Brookside Eauipment No Bid
Item #3
Ridina Greens Mower (1) $ 15,050
Watson Distributina $ 14,145 $ 2,500 $ 11 ,645 $ 3,405
Professional Turf $ 14,099 $ 1.250 $ 12,849 $ 2,201
Brookside Eauioment $ 13,965 $ 2.500 $ 11.465 $ 3,585 Brookside EQuip.
Item #4
Off-Road Utilitv Vehicle (1) $ 10,685
Watson Distributina $ 10.400 $ 1,500 $ 8.900 $ 1.785 Watson Distributina
Professional Turf $ 10.978 $ 500 $ 10,478 $ 207
Brookside Eauioment
Totals $ 99,673 $ 76,421 $ 6,620 $ 69,801 $ 29,872
* Trade-in allowance not recommended
.\
.
BIDDER'S LIST
.
GOLF COURSE/P ARKS EQUIPMENT
SEALED BID #0721 _
BROOKSIDE EQillPMENT SALES INC
190031-45 NORTH
SPRING TX 77388
EZ-GO TEXTRON
8515 EAST NORTH BELT
HUMBLE TX 77396
GOLDTHWAITE'S
220 FARISS
HOUSTON TX 77054
PROFESSIONAL TURF PRODUCTS INC
PO BOX 41132
HOUSTON TX 77041
. WATSON DISTRIBUTING
6335 SOUTHWEST FREEWAY
HOUSTON TX 77074
. .
CHAL\1BER OF COMMERCE
P.O. BOX 996
LA PORTE, TX 77572-0996
BA YSHORE PUBLISH DATES:
OCTOBER 19,1997
OCTOBER 26, 1997