1997-046T \NPDOCS\ORD\TXOOTA[R ORD
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO
EXECUTE ON BEHALF OF THE CITY OF DENTON AN ACCEPTANCE OF AN OFFER
FROM THE TEXAS DEPARTMENT OF TRANSPORTATION RELATING TO A GRANT FOR
ROUTINE AIRPORT MAINTENANCE PROGRAM; AND DECI~LRING AN EFFECTIVE
DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager of the City of Denton is
hereby authorized to execute on behalf of the City of Denton an
acceptance of an offer from the Texas Department of Transportation
relating to a grant for routine airport maintenance program, a copy
of such grant being attached hereto and made a part hereof for all
purposes
SECTION II That this ordinance shall become effective
~mmed~ately upon ~ts passage and approval.
PASSED AND APPROVED this the/~ day of ~, 1997.
ATTEST~
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM.
HERBERT L. PROUTY, CITY ATTORNEY
TLV~g DEP~IITNENT OF TRANSPORT&TION
GIU~T FOR ROUTZNE AZI~OIIT H~'MTENANCE ~tOGI~AN
(Sta~.e A~a~sted Airport Routine ~a~ntenan~)
TXDOT C~J No ANiSDNTON
Part I - Identification of the Project
TO The City of Denton, Texas
FROM: The State of Texas, acting through the Texas Department of
Transportation
This Grant is made and entered into by and between the TEXAS
DEPARTMENT OF TRARSPORTATION , (hereinafter referred to as the "State"),
for and on behalf of the State of Texas, and the City of Denton, Texas,
(hereinafter referred to as the "Sponsor")
WITNESSETH:
WHEREAS, the Sponsor desires to sponsor a project for the routine
maintenance of a public aviation facility, known or to be designated as the
AIRPORT under the Transportation Code, Chapter 22; and
WHEREAS, the project is described as ~.~rport main~enmn~e at the
Denton Municipal Airport~ and
WHEREAS, the Sponsor hereby applies for a grant for 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 Grant, do hereby fix their
respective responsibilities with reference to each other and with reference
to the accomplishment of said project
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
AVN4301 FRM (10-4-96) Page 1 of 10
Par~: %~ - O££ar o£ Financ~.al Asaiatan~
1. For the purposes of this Grant, the annual routine maintenance
project cost, Amount A, is estimated as found on Attachment A, Scope
of Services, and as found on amendments thereto, all being attached
hereto and made a part o+ this Grant
State financial assistance granted herein will he used solely and
exclusively for a~rport maintenance Actual work to be performed
under this agreement is found on Attachment A, Scope of Servlces
State financial assistance, Amount B, will be for fifty percent (50%)
of the eligible project costs for this project or $10,000 00, which
ever is less, per fiscal year and subject to availability of state
appropriations.
The Sponsor may request the State to provide mowing services, such
services to be provided at the discretion of the State. However,
mowing services will not be ellglble for state financial assistance.
Sponsor will be responsible for 100% of costs of any mowing services.
Scope of Services, Attachment A, of this Grant, may be amended,
subject to availability of state funds, to include any additional
airport maintenance work as requested by the Sponsor by written
request and submittal of an Amended Scope of Services, Attachment A.
Services to be performed under the amended scope will not be
accomplished by the State until receipt of Sponsor's share of project
costs.
2. The State shall determine fair and eligible project costs for work
scope. Sponsor's share of estimated project costs, Amount C, shall
be as found on Attachment A and any amendments thereto
It is mutually understood and agreed that if, during the term of this
agreement, the State determines that if there is an overrun in the
estimated annual routine maintenance costs, the State may increase
the grant to cover the amount of overrun by fifteen (15%) percent or
$2,000, whichever is greater, and will advise the sponsor by letter
of the increase. Upon issuance of the aforementioned letter, the
maximu~ obligation of the State and Sponsor is adjusted to the amount
specified. Should the estimated costs be exceeded by the fifteen
(15%) percent or $2,000, whichever is greater an amendment to the
grant will be issued
The State %ill not authorize expenditures in excess of the dollar
amounts identified in this Agreelaent and as referenced in the above
paragraph and any amendments hereto, without the consent of the
Sponsor.
AVN4301.FRM (10-4-96) Page 2 of 10
Sponsor, by accepting this Grant 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 the right to audit any books and records of the Sponsor
to verify said funds. In addition, the Sponsor shall disclose the
source of all funds for the project and its ability to finance the
project
Upon execution of this Agreement and written demand by the State, the
Sponsor's financial obligation {Amount C) shall be due in cash and
payable in full to the State State may request the Sponsor's
financial obligation in partial payments Should the Sponsor fall
to pay said obligation, either in whole or in part, within 30 days
of written demand, the State may exercise its rights under Paragraph
III-5 hereof. Likewise, should the State be unwilling or unable to
pay its obligation in a timely manner, the failure to pay shall be
considered a breach and the Sponsor may exercise any rights and
remedies it has at law or equity
The State will not participate in funding for force account work
conducted by the Sponsor
The State shall reimburse or credit the Sponsor, at the financial
closure of the project, any excess funds provided by the Sponsor
which exceed Sponsor's share (Amount c)
The Sponsor specifically agrees that it shall pay any project costs
which exceed the amount of financial participation agreed to by the
State It is further agreed that the Sponsor will reimburse the
State for any payment or payments made hereunder by the State which
are in excess of the percentage of financial assistance (Amount S)
as heretofore stated in Paragraph II-2
Upon satisfaction of the conditions specified in Paragraph II-1
above, this Grant shall terminate. The term of this grant may be
extended by the execution of an Amendment to the Agreement
In accepting this Grant, the Sponsor guarantees that'
a. 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 in
connection with this Grant, and
b. the Airport or navigational facility which ~s the subject of
this Grant shall be controlled for a period of at least 20
years~ and
c 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
discrimination between such types, kinds and classes and shall
provide adequate public access during the period of this Grant,
and
AVN4301 FRM (10-4-96) Page 3 of 10
d. 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
e 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
f. it shall not permit non-aeronautical use of airport facilities
without prior approval of the State~ and
g. the Sponsor shall submit to the State annual statements of
airport revenues and expenses when reguested~ and
h all fees collected for the use of the airport shall be
reasonable and nondiscriminatory The proceeds from such fees
shall be used solely for the development, operation and
maintenance of the airport or navigational facility~ and
1 an Airport F~nd 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. Ail 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. Ail expenditures from the Airport Fund
shall be solely for alrpor~ purposes. Sponsor shall be
ineligible for a subsequent grant or loan by the State unless,
prior to such subsequent approval of a grant or 10an, Sponsor
has compiled with ~he requirements of this subparagraph, and
J. insofar as it is reasonable and wl=hin its 9ower, Sponsor shall
adopt and enforce zoning regulations to restrict t~e height of
s=ructures and use of land adjacent to or in the Immediate
vicinity of the airport to heights and activities compatible
with normal air~ort operations as provided in Tex. Loc Govt
Code Ann. SS 241.001 et seq (Vernon and Vernon Supp )
Sponsor shall also acquire and retain avigatlon easements or
other property interests in or rights to use of land or
airspace, unless sponsor can show that acquisition and
retention of such ~nterest w~ll be impractical or will result
in undue hardship ko Sponsor Sponsor shall be ineligible for
AVN4301 FRM (10-4-96) Page 4 of 10
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
The Sponsor 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 shall also save harmless
the State, the State's agents, employees or contractors from any and
all e~enses, including attorney fees which might be incurred by the
State in litigation or otherwise resisting said claim or liabilities
which ~ight be imposed on the State as the result of such activities
by the Sponsor, the Sponsor's agents or employees
The Sponsor's acceptance of this Offer and ratification and adoption
of this Grant incorporated herein shall be evidenced by execution of
this instrument by the Sponsor, as hereinafter provided, and said
Grant shall comprise a contract, constituting the obligations and
rights of the State of Texas and the Sponsor with respect to the
accomplls~ment of the project and the operation and maintenance of
the airport. Such Grant shall become effective upon execution of
this instrument and shall remain in full force and effect for a
period of 20 years.
If it becomes unreasonable or impractical to complete the project,
the State may void this agreement and release the Sponsor from any
further obligation of project costs.
AVN4301 FRM (10-4-96} Page 5 of 10
PA~T III - Nom/nation of the Agent
1. The Sponsor hereby designates the State as the party to 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.
2 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.
a. accept, receive, and deposit with the State any and all project
funds granted, allowed, and paid or made available by the
Sponsor, the State of Texas, or any other entlty~
b exercise such supervision and direction of the project work as
the State reasonably finds appropriate Where there is an
irreconcilable conflict or difference of opinion, judgment,
order or direction between the State and the Sponsor, and any
service provider the State shall issue a written order which
shall prevail and be controlling,
c. receive, review, approve and pay invoices and payment requests
for services and materials supplied in accordance with the
State approved contracts,
d. obtain an audit as may be required by state regulations~
3. Upon entering into this Grant, Sponsor hereby agrees to name an
Lndividual, as the Sponsor's Authorized Representative, who shall be
the Starers contact with regard to this project, and which Individual
shall have the authority to make approvals and disapprovals, and
coordinate schedule for work items as required on behalf of the
Sponsor.
4. This Grant 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 commitment which the Sponsor may enter
into or assume, or have entered into or have assumed, in regard to
the above project.
5. It is the intent of this grant' to not supplant local funds normally
utzlized for airport maintenance; and that any state financial
assistance offered under this grant be in addition to those local
funds normally dedLcated for airport maintenance
6. This Grant is subject to the applicable provisions of the
Transportation Code, Chapters 21 and 22, 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 Grant 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
AVN4301 FRM (10-4-96) Page 6 of 10
a. Of primary importance to the State is compllance w~th the terms
and conditions of this Grant If, however, after all
reasonable attempts to require compliance have failed, the
State finds that the Sponsor is unwilling and/or unable to
comply with any of the terms of this Grant, the State, may
pursue any of the following remedies: (1) require a refund of
any financial assistance money expended pursuant to this Grant
herein, (2) deny Sponsor's future requests for aid, (3)
request the Attorney General to bring suit seeking
relmbursement of any flnanclal assistance money expended on the
project pursuant to this Grant hereln, 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 Grant null and void, or (5) any other remedy
available at law or in equity
b. Venue for resolution by a court of competent jurisdiction of
any dispute arising under the terms of this Grant, or for
enforcement of any of the provisions of this Grant, is
specifically set by Grant of the parties hereto in Travls
County, Texas.
7. The State reserves the right to amend or withdraw this Grant 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.
8 This Grant 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.
9 Ail 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 Artlcle 11
of the Texas Constitution, if applicable) and to the availability of
funds which lawfully may be applied
10 This grant is subject to approval as to form by the Attorney General
of the State of Texas.
P&~ 1~ - A.~epton~e of the Sponaor
The City of Denton, Texas does hereby ratzfy and adopt all
statements, representations, warranties, covenants and agreements
constituting the described project and incorporated materials referred to
in the foregoing Grant, and does hereby accept the Offer, and by such
acceptance agrees to all of the terms and conditions of the Grant thereof -
Denton. Texas
Sponsor
AVN4301 FRM (10-4-96) Page 7 of 10
Signature Executive S~c~etary
City Manager
Title Title
Part V - Certificate of Attorne~
I, M4mhm~l A_ Bua~k , acting as attorney for
O~tv ~ ll~tm~ , Texas, do hereby certify that I have fully
ex~f~e~he- foregoing Grant and the proceedings taken by said Sponsor
relatlng thereto, and find that the manner of acceptance and executzon
thereof, of the said Grant by said Sponsor, is in accordance with the laws
of the State of Texas
Dated at Denton , Texas, th~s llth day of
, 19 97
W~tness Signature Attorney Signature
LeEal Assistant First Assistant City Attorney
Title Tztle
AVN4301 FRM (10-4-96) Page 8 of 10
~VI - A~oz'ney Gene~&~'a App~ov&L
This contract is approved as to form
Attorney General of Texas
Pmxt VII - Exeout. ion bi, the S~a~m
STATE OF TEXAS
TMENT OF TRI~SPORTATION
Davmd S Fulton, O~rector
Avmt~on Dw~smn
Texas Department of Transport~on
Da,. ~---/X? 7
AVN4301.FRM (10-4-96) Page 9 of 10
Attachment A
Scope of Services
TxDOT CSJ No AM18DNTON
................
PAVEMENTS - HMAC $ 0 $ 0 $ 0
EROSION~CONTROL $ 328 $ 164 $ 164
PAVEMENT MARFdNGS $ 421 $ 21 I $ 210
GRADING/DRAINAGE $ 451 $ 225 $ 226
MISCELLANEOUS
CRACK SEAL $ 18,166 $ 9,083 $ 9,083
HERBICIDING $ 60$ 30 $ 30
MOWING $ 0
Total $ 19,426 $ 9,713 $ 9,713
Accepted by The City. Denton, Texas
Sponsor Signature
February 18, 1997
Date
Amendment Number (~f applxcable)
Notes (explanations of any specifications or variances as needed for above
scope Items)
AVN4301 FRM (10-4-96) Page 10 of 10
~RTXFJ~CATZOH OF AXI~ORT
Z, Kathy D~o~e , Exec D~r of F~nance ,_
d(Name) (Title)
do hereby certify that the General Fu0d Airport Fund has
(Name of Fund)
been established for the City of Denton, and that all fees, charges, rents,
and money from any source derived from airport operations will be deposIted
for the benefit of the
Genera] Fund Airport Fund and will not be d~verted for
(Na~e of Fund)
other general revenue fund expenditures or any other special fund of the
Clty of Denton and that all expendltures from the Fund will be solely for
a~rport purposes.
Dated at Clt~ of Denton , Texas, this 26th day of
(City or County)
February , 19 97 .
(Sponsor)
Title. Executive Dlrect0r of Finance
AVN4301 FBM (10-4-96)
DESIGNATION OF SPONSOR'S AUTHORIZED REPRESENTATi'V~
I, Ted Ben~vides , city Manaqer
(Name) (Title)
hereby designate T~d Benavidesr Cltv Manager as the Sponsor's
(Name, Title)
authorized representative for TxDOT CSJ Number AM18DNTON, who shall have
the authority to make approvals and disapprovals as required on behalf of
the Sponsor
Th~ity of Den~o.n has caused this to be duly executed in its name, thls
Zb~ day of february , 19 97
~Sponsor)
Title: City Manager of Denton
AVN4301 FP44 (10-4-96)
Texas Department of Transportation
AVIATION DIVISION
125 E 11TH STREET · AUSTIN, TEXAS 78701 2483 · 512/416 4500 · FAX 512/416 4510
May 22, 1997 / ,s, LX
I ' ~ ~W~'l
Te~B /?IP ' ' ' ~ '~/
-- L~ 4,r~t~ /
~ e~v~des
Qty M~ager, Qty of Denton
/
Denton~exas 76201
T~OT CSJ No AMI 8DNTON, ~n M~c~pal
Dear Mr Bena~des
We are pleased to ret~ m you ~e completed copy of ~e Rouune ~o~ Mam~nance
~eement be~een ~e C~ of Denton and ~e Te~s Depa~ent of Transpo~uon for ~e
rou~e maintenance at ~e Denton M~mpal ~o~
If you have any quesuons conce~g ~s doc~ent, or ffwe ~n be of any ass~s~nce to ~u,
feel ~ee to contra me at 1-800-687-4568 (800-6B-PILOT)
Sincerely,
Shen Quean
~s~mnt Grant Manager
cc Cm~ Oppe~a~
Da~a~ D~mct
An Equal Opportunity Employer