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1997-327 ORDINANCE NO q ~'~ ,~a'~q 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 THE PREPARATION OF AN AIRPORT LAYOUT PLAN AND DESIGN SERVICES TO RECONSTRUCT A TERMINAL APRON AT THE DENTON MUNICIPAL AIRPORT, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDA1NS ~ That the City Manager of the City of Denton is hereby anthonzed 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 the preparation of an airport layout plan and design services to reconstruct a terminal apron at the Denton Municipal A~rport, a copy of such grant being attached hereto and made a part hereof for all purposes and referenced as TXDOT Contract No 8XXFA003 SET~ That the City Manager or Ns designate is hereby anthonzed to execute and the City of Denton agrees to comply with any assurances, conditions, or agreements reqmred to be executed to receive the funds prowded under this grant SECTION III That this ordinance shall become effective ~mmedmtely upon its passage and approval PASSED AND APPROVED this the J'~-"~ day of ~ 1997 JACK MILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY TEXAS DEPARTMENT OF TRANSPORTATION AIRPORT PROJECT pARTICIPATION AGREEMENT (Federally AssietedA~rport Development Grant) TxDOT Contract No..SXXFA003 Part I - Identification of the Pro3ect TO' The City of Denton, 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 TPd%NSPORTATION , (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: WHEREA~, the Sponsor desires to sponsor a project for the development of a public aviation facility, known or to be designated as the A~rport under the Airport and Airway Improvement Act of 1982, as repealed and recodlfled in Title 49 United States Code, Section 47101 et seq., (hereinafter referred to as "T~tle 49 U.S.C "), and Rules, Regulations and Procedures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 WHERF2%S, the project is described as follows: prepare an Airport Layout Plan; design services to reconstruct terminal apron at the Denton Municipal Airport; and WHEREAS, the Sponsor hereby applies for federal f~nanc~al assistance and desires the State to act as the Sponsor's agent an matters connected with the pro3ect described above; and WHEREAS, the parties hereto, by th~s Agreement, do hereby fax their respective responsibilities, with reference to each other, with reference to the accomplishment of said pro]ect and with reference to the United States Page 1 of 16 NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49 U.S C., and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Airport Pro3ect Participation Agreement and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the project and compliance with the assurances and conditions as herein provided, THE TEXAS DEPARTMENT OF TRANSPORTATION, FOR AND ON BEHALF OF THE UNITED STATES, FEDERAL AVIATION ADMINISTRATION (HEREINAFTER REFERRED TO AS THE "FAA"), HEREBY OFFERE AND A(~REES to pay, as the United States share of the allowable costs incurred in accomplishing the project, ninety percentum of all allowable project costs. This grant is made on and sub3ect to the following terms and conditions Part II - Offer of Flnanclal Assistance 1 The allowable costs of the pro3ect 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, 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) 2. It is estimated that design pro3ect cost will be approximately $100,000(Amount A). It is further estimated that approximately $100,000(Amount B) of the proDect costs will be eligible for federal financial assistance, and that federal financial assistance will be for ninety percent (90%) of the eligible pro3ect costs. Final determination of federal eligibility of total pro]ect costs will be determined by the State in accordance with federal guidelines lines following completion of design. The total estimated project cost for the design and construction phases of this project is $1,100,000(Amount C). The construction phase will be started upon completion of design, dependent upon availability of federal funds, and approval of the Texas Transportation Commission A separate grant will be issued for the construction phase. 3. The maximum obligation of the United States payable under this offer shall be $90,000(Amount D). This grant should not be construed as block grant funds for the Sponsor, but as a grant for funding of the scope items as Page 2 of 16 lmsted on page one of thms agreement. It ms the mntent of the State to provide funding to complete the approved work items of this grant and not to amend the scope of work to mnclude items outside of the current determined needs of thms 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 availabmlity of state, federal, and/or local funds. 4 It ms estimated that the Sponsor's share of the total project costs wmll be $10,000(Amount E). The Sponsor speclfmcally agrees that it shall pay any project costs which exceed the sum of the federal share (Amount D) It is further agreed that the Sponsor wmll remmburse the State for any payment or payments made by the State in behalf of the Sponsor whmch are mn excess of the federal percentage of financmal partmcmpatmon as heretofore stated in Paragraph II-2 The State shall refund to the Sponsor, at the fmnanclal closure of the project, any excess funds provided by the Sponsor. 5 During design, if the estmmated elmgmble total project costs exceed Amount C, above, the Sponsor may request the State to void thms Agreement, whereupon the State shall agree to vomd thms Agreement upon the satisfaction of the followmng conditions: a. the Sponsor's request to the State to void the Agreement shall be in writing and dated; and b. if required by the State, the Sponsor shall reimburse the State for funds expended on this pro3ect and Sponsor shall assume the responsmbmlmty for any future expenses for contracted services or materials related to the project for whmch a contract had been executed prior to the Sponsor's request to vomd the Agreement. Sponsor funds held by the State may be retained until this requmrement ms satisfied; and c. failure on the part of the Sponsor to comply with the condltmons of this paragraph shall constitute a breach of this Agreement. 6. Upon satisfactmon of the condmtlons speclfmed mn Paragraph II-5 above, the State shall declare thms 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 pro]ect Page 3 of 16 purposes shall be returned to the Sponsor within a reasonable time. 7. If there is an overrun in the total eligible pro3ect costs (Amount B), the State may increase the federal funds to cover the amount of overrun not to exceed the statutory fifteen (15%) percent federal funds limitation. 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 proDect costs and settlement will be made for any upward or downward adjustments to the Federal share of costs 8. At pro3ect closeout, Sponsor will be reimbursed for any credited amounts that exceed Sponsor's share 9. 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 request during reasonable and regular business hours, 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 and operate the pro~ect. Following the execution of this Agreement and upon written demand by the State, the Sponsor's financial obligation (Amount E) shall be due and payable 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-9 hereof. Likewise, should the State be unwilling or unable to pay its obligation in a timely manner, the failure to pay Page 4 of 16 shall be considered a breach and the Sponsor may exercise any rights and remedies it has at law or equity. Expenditures for eligible pro3ect costs for the above pro3ect 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 Responsibzlztles 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 sub]ect 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 emercise 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, Page 5 of 16 parking aprons, roads, airport lighting and navigational aids; and f. it shall not permit non-aeronautical use of airport facilities, unless noted on an approved Airport Layout Plan, without prior approval of the State/FAA; and g. it shall not enter into any agreement nor permit any aircraft to gain direct ground access to the Sponsor's airport from private property adjacent to or in the immediate area of the airport Further, Sponsor shall not allow aircraft direct ground access to private property Sponsor shall be sub3ect 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 pro3ect and Attorney's Certlflcate 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 ] all fees collected for the use of an airport or navIgational facility constructed with funds provided under the program shall be reasonable and nondiscriminatory. The proceeds of such fees shall be used solely for the development, operation and maintenance of the Sponsor's system of airport(s) or navigational facility(ltes) 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 k. 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 Page 6 of 16 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 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 a~rport operations must be deposited in sa~d Alrport Fund and shall not be d~verted 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 lnel~glble for a subsequent grant or loan by the State unless, prior to such subsequent approval of a grant or loan, Sponsor has complied wlth the requlrements of th~s subparagraph; and 1. following completlon of the project where a~rport lighting ls part of a project, the Sponsor shall operate such llghting from sunset to sunrise, either manually or by radio control, and m. ~nsofar as it is reasonable and wlth~n 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 v~c~n~ty of the a~rport to helghts and activities compatible with normal a~rport operations as provided ~n Tex. Loc Govt. Code Ann §~ 241 001 et seq (Vernon and Vernon Supp.) Sponsor shall also acquire and retain avlgat~on easements or other property interests in or rights to use of land or a~rspace, unless sponsor can show that acquls~tlon and retention of such interests w~ll be lmpractlcal or will result in undue hardship to Sponsor. Sponsor shall be ~nel~glble 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 pro~ect site, applicable to or affecting the above project, and o. after reasonable notice, it w~ll permit the State, the FAA, and any consultants and contractors assoclated with th~s project, access to the project s~te, and will obtain permission for the State, the FAA, and consultants and contractors associated w~th th~s project, to enter private property for purposes necessary to this project, and Page 7 of 16 p. all development of an airport constructed with program funds shall be consistent with the Airport Layout Plan 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 pro3ect upon which Federal and State funds have been expended. For the purposes of th~s 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. Ail settlements or other final positions of the Sponsor, in court or otherwise, Involving the recovery of such funds shall be approved in advance by the State. 2. The Sponsor hereby certifies to the State that it will have acquired clear title in fee simple to all property upon which construction work is to be performed, or have acquired a leasehold on such property for a term of not less than 20 years, prior to the advertisement for bids for such construction or procurement of facilities that are part of the above project, and within the time frame of the pro3ect, a sufficient interest (easement or otherwise) in any other property which may be affected by the project 3 The Sponsor, to the extent of 1ts 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 Page 8 of 16 of such actavltles by the Sponsor, the Sponsor's agents or employees. 4 The Sponsor's acceptance of thas Offer and ratlfacataon and adoption of the Agreement ancorporated herein shall be evidenced by execution of thas anstrument by the Sponsor, as hereinafter provided, and said Agreement shall comprise a contract, constituting the oblagatlons and rights of the State of Texas and the Sponsor with respect to the accomplzshment of the project and the operation and maintenance of the aarport. Such Agreement shall become effective upon executlon of th~s instrument and shall remain an 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 wlth regard to this project, and whach and~v~dual shall have the authority to make approvals and dasapprovals as requared on behalf of the Sponsor 6 Upon entering anto this Agreement, Sponsor hereby agrees to name at least three ind~viduals, as the Sponsor's Consultant Selectaon Commattee, to represent the Sponsor in the selectaon of engineering and/or planning consultants, and to name a chairperson of the selectzon committee, and to provide a suitable location for pre-b~d and for pre-construction conferences, and for the submission and opening of construction b~ds. 7. The Sponsor and not the State shall, for all purposes, be the "Sponsor" of the pro]ect ldentafled above as defaned an Title 49 U.S.C.. Sponsor agrees to assume respons~balaty for operation of the facalaty in complaance w~th all applicable state and federal requarements zncludang any statutes, rules, regulations, assurances, procedures or any other directives before, during and after the completion of thas pro3ect. 8. The Sponsor by executaon of th~s grant, cert~fles that it has implemented, or wall implement during this p~oDect, an effective a~rport pavement maintenance management program, and it assures that it will use such program during the period of this Agreement It wall provide upon written request, such reports on pavement condition and pavement management programs as the State determines may be useful. Failure to comply with th~s condataon may make the Sponsor anelaglble for future grants. Page 9 of 16 9 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. 10 The Sponsor shall have on file with the State a Certification Regarding Drug-Free Workplace Requirements. 11. 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 proDect for airport development or noise compatibility for which funds are provided under this grant. The Sponsor will include in every contract a provision implementing this special condition. Part IV- 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 pro~ect, or in reimbursement to either of the parties hereto for costs incurred 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 pro]ect 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' Rece~vlng D~sburs~ng 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, approve and process Sponsor'S reimbursement requests for approved project costs; and c. pay to the Sponsor, from granted funds, the portion of any approved reasonable and eligible project costs Page 10 of 16 incurred by the Sponsor that are in excess of the Sponsor's share. pa¥~ng,A~ent: d. receive, review, approve and pay invoices and payment requests for services and materials supplied in accordance with State approved contracts, e. when applicable; receive, review and approve reimbursement requests for reasonable and eligible property acquisition costs incurred by the Sponsor, provided the required documentation is supplied. ContraotingA~ent: f advertise for professional engineering and/or planning services for, but not limited to, the preparation of planning studies, plans and specifications for the above project and for the management of the construction of the above project; certify consultant select,on procedures; provide notification of contract award for professional services; and negotiate professional services fees; and execute, on behalf of the Sponsor, a professional services agreement as related to this project; g. administer Disadvantage Bus,ness Enterprises (DBE) and/or Historically Underutilized Bus~ness (HUB) Programs in accordance w~th federal and state regulations Contr&otManagement b~ent: h. 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, any engineer, contractor, or materlal~n, the State shall issue a written order which shall prevail and be controlling; i. coordinate and review project plans, specifications and construction; coordinate and conduct progress and final Inspections. Page 11 of 16 PART V - Recitals 1 The State shall obtain an audit as required by federal or state regulations; and procure and forward to the FAA such specific pro]ect documentation as is necessary to complete all aspects of th~s 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 llmzted power to perform acts in connection wzth azrport zmprovements 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 satzsfactory performance of contract vendors. Such items include, but are not limited to, bid bonds, payment bonds, and performance bonds. Pursuzt and enforcement of contract items may require lztlgatlon and other remedzes 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, complzance 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 commitment which the Sponsor may enter into or assUme, or have entered into or have assUmed, in regard to the above project 6 If the Sponsor fails to comply with the condztzons of the grant, the State may, by written notice to the Sponsor, suspend the grant in whole or zn part. The notice of suspension shall contazn the following' a. The reasons for the suspenszon and the corrective action necessary to lzft the suspenszon; b. A date by which the corrective actzon must be taken, c. Notzflcatzon that consideration wzll be g~ven to terminating the grant after the corrective action date Page 12 of 16 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- the applicable provisions of ~=~. ~eement is sub]ec% ~o .... s~ortatlon code, Tlt~e~ 7. ~ "~- - ~ V.T.G.~ ~" ~ -- ~,.~.), an~ un= Airport --~ ~rnon SupP.) Fa . -~loned rules and ~ea. (vernon anu -~ ~ ..... lth the azoremenu ~e~S of this Agreemen= u~ - breach of this contract and statutes shall be considered a 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 f~n~s that sponsor is unwilling and/or unable to comply with any of the terms and conditions of ement, the state may pursue any of the following an money expended this .A_%rf. , , require a r~fund _of I ~ deny sponsor'~ reme~l=~. 'lt= ~eement ~ereln, '2'.~u General pursuant to une ~ 3 reqUest the ~u~u~..~ .... ~H ~-ture requests for aid, !~k-sement of any money e~= ..... ~brlng suit seeking relmuu= Agreement herein, provided on the project pursuant to the 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. 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 th~s 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, page 13 of 16 clsslon or revocation is agreed to by both parties in res ..... ~ executed by both parties d the state hereunder are .... ~s bv the sponsOr a~_~_~ru limitations .and 10. Ail comm~um=~_o~tutional and state (lnclu~lng ~ubnect 5o uu~.~- - +he sponsor anu ~.- if ~s{rlctionS binding upon ~ ~ Texas Constitution, §§ 5 and 7 of article 11 of the applicable) and to the availability of funds which lawfully may be applied Project Partlclpat~on Agreement 11. The sponsor'S acceptance of th~s Agreement and ratification and adoption of the Airport nced by exeCution of this · _, ~^.o~ shall be evlde .... nrovlded, and this lncorporatea n~ ~nnsor, as herelna=u=~ ~_w nnreement, as instrument by the "~----%h~'ll comprise a =r=.'~=fi= .~ntractual 2~ and Acceptance _Y"2-. ~ constltutlng tn= ~ u .... -, ~ ~,, the Title 49 u.: ~ ' the state of provlueu ~ bli atlons and rights of the United stateS, o g or with respect to the accomplishment of Texas and the sponS with the assuranCeS and conditions the project and compliance as provided herein, such Grant Agreement shall become effective upon the state'S acceptance of this agreement 12 This contract ~s subject to the approval as to form by the Attorney General of the state of Texas page 14 of 16 Part VI - Acceptance of the Sponsor The City of Denton does hereby ratify and adopt all atementS, representationS, warranties, covenants and agreements ro ect and incorporated materials st _ described P ] cee hereby accept the constit~t~9~t~e foregoing Agreement, and d of the terms and referreu uu ~.- - offer, and by such acceptance agrees to all conditions of the Agreement thereof. Executed this __6th/~ -- day of __.Qgtober-- --' 19___9-7--- i / sponsor -- Signature -- I~x/utlVe ts.%~stant _ C lt~-------------- ~ ----------- Title -- w~tnesS Title Certxflcate of sponsor'S Attorney I , Texas, do hereby ' acting as attorney certify that I have , taken by ~ of Denton -- sot relating theretO, and find that the manner of for cityn . of the said Agreement by said fully examined the foregoinw Agreement and the proceedings said .Spo _ cution thereof, _.. he state of Texas. acceptance and exe ~-~-~ with the l=ws of t is in accora~= sponSO~ ~ , Texas, this __/~h~-- AsSistant city Attorney istant~. _ Title -- witness Title page 15 of 16 Part VII - Attorney General's Approval This contract is approved as to form. Attorney General of Texas ~A~Sls~nt Attorney General Date. Part VIII - Acceptance of the State STATE OF TEXAS Page 16 of 16 ATTACHMENT A PART V - AESURANCES Airport Sponsors General I These aeeuranoee shall be ~ompliod with In the performance of grant agreement, for elrpo~; development, airport planning end noioe oompet~bllity program grants for airport sponsors 2 These aeeuraneee sro required to be submitted se pert of the Airport PmJsot Participation Agreement (APPA) by sponsors requeeting funds under the provisions of Title 49, U S C, subtitle VII, ee smsoded As used herein, the t"rm "public ogsocY sponsor" means a public sgsocy with sontrol of s public-use alrped, the term "private spenser' means s private owner of e public- use airport, and the term "spencer' Inccudee both public agency sponsors and priva~ sponsors Upon acceptance of the grant offer by the sponsor, these assurances era incorporated In and become pert of the grant agreement Duration and Applicability I Airport developmeet or Not"e Compatibility Program Projents Undertaken by s Public Ageecy Sponeer The terms, condltk)ns and acourances of the grant agreement shall remain in full force and effsot throughout the useful life of the fsoilitiee developed or equipment aogulred for an airport development or noise competlblllty program project, or throughout the useful life of the project ;terns Installed within s facility under a noise competibllity program project, but In any event not to exceed twenty (20) years from the dace of scoeptar~e of s grant offer of Federal funds for the pr°Jsot However, there shall be no limit on the duration of the assurance against exclusive rights or the terms, conditions and assurances with respect to real property soqulrad with Federal funds Furthermore, the duration of the Civil Right" assurance shell be specified in t~ assurances Airport Development or Noise Compstlbitlty Projects Undertaken by a Private Sponsor The prsoedlng paragraph 1 also 2 applies to s prlvete sponsor except that the useful life of project items installed wtthln s facility or the useful life of the facilities developed or equipment coqulrad under an eirpori development or noise compatibility program pmJsot shall be no less than ten (10) years from the date of accept"nee of Federal aid for the project 3 Airport Planning Undertaken by a Sponsor Unless ethenNlee sbe~lfled In the grant ogreement, onlY Assurances 1,2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 In M©tlon ¢ applY to Plsontng proJsot" The t"rms, conditions, and assurances of the grard agraement shatl remain In full force and effect during the life of the project Sponsor Certification, The sponsor hereby assures and eertlflee, with respect to this grant that 1 Gsrmral Federal Requirements it will comply with all appl[Mble Federal laws, rogulcclons, exsoutive orders, Petioles, guidelines, end requirement" ss they relate to the proJacc, soceptsnce and use of Federal funds for this project Including but not Ilmlt"d to the following Federal Laglelatthn a Title 49, U S C, subtitle VII, as amended b Dsvl~*Bsoon ACt - 40 U S C 278(a), at see 1 o Federal Fair Labor Standards Act-,~'9 U S C 201, ~t see. d Hatch ACt - 5 U $ C 1501, et sea." · Uniform1 Reiocetion Assistance and Real probelly Acquisition Policies ACt of 1970 Title 42 U S C 4801, et f National HIstedc Preservation Act of t968 - Section 106 - 16 U S C 470(f) Aroheologlcel end Historic Preservation ACt of 1974 - 16 U S C 469 through 489c 1 gh NetNe Americans Grave Repetriatlon AcC - 25 U S C Section 3001, et see I Clean Air Act, P L 90-148, ss amended J Cceccsl Zone Management Act, P L 93-205, as amended k Flood Dl~aeter Protection Act of 1973 - Section 102(a) - 42 U S C 4012a 1 I Title 49 ,U S C, Ssotlon 303, (formerly known as Section 4(0) m Rehabilitation Act of 1973 - 29 U S C 794 n Civil Rights Ant of 1964 - Title VI - 42 U S C 2000d through d-4 o Age Discrimination Act of 1975 - 42 U S C 6101, et sea p Amedcan Indian Religious Freedom AcC, P L 95-34% as al;~lended Architectural Barriers AcC of 1968 -42 U S C 4151 ~ et see.- q Po,v,rpiont ,nd ,nducCri,, u. Act. 3731 r s ContracC Work Hours and Safety St"naaros ~.ct Cobeiond Antlklckbeck Act - 18 U S C 874 ' u National Environmental Policy AcC of 1969 - 42 U S C 4321, et see.1 v Witd and Scenic RNera Act, P L 90-542, as amended w Single Audit AcC of 1984- 31 U $ C 7501, et see. x Drug-Frae Workplace AcC of 1988 - 41 U S C 702 through 706 Executive Orders Exsoutlve Order tt 246 - Eqcel Employment Opportunity1 Exsouth/e Order 11990 - Protection of WcCionde Exsoutlvs Order 11998 - FloodPlain Management Exsoutlve Order 12372 - Irdergovemmsotal Review of Federal Programs Executive Order 12699 * Beiomlo Safety of Federal and Federally Assisted New Building Construction1 Executive Order 12898 - Environmental Justice (06/02/97 State Modified 7/9'0 A t Federal Regulaflonc a 14 CFR Part 13- Invastlgatlva and Enforcement Prcoedurss b 14 CFR Part 18 - Rules of Practice For Fedendly Assisted Airport Enforcement Proceedings C 14 CFR Part 150 - Ah'pnd nsies compatibility planning d 29 CFR Pad 1 - Procedurs~ for predetermlnstldn of wage mtaa 1 e 29 CFR Part 3 - Contmotom and aubco~t~ctora on public building or public work financed in whole or part by ioana or grants from the United States' f 29 CFR Part 6 - Labor standards provisions applicable to controota covedng federally flnacoed and aeslsted constroction (alas labor standards provla, iooa applicable to nonocoetruntlco ~ontract~ eubJe~t to the Contract Work Hours and Safety Standards Act) · g 41 CFR Part 60- Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally aeslstad contracting requirements) h 49 CFR Pert 18 - U~it'orm administrative raqulramentc for grants end cooperative egrssmenta to state and local govemmenta'~ 49 CFR Part 20 - New rsstrlctiona on lobbying 49 CFR Part 21 - Nondlasdmrnstion In federally-assisted progrome of the Department of Transportation affectustion of Title VI of the CIvil Rights ACt of 1964 k 49 CFR Part 23. Participation by minority business antarpitss In Department of Tronapodsiion programs 49 CFR Pad 24- UJl[[orm ndcoatlon assistance and real property acquisition for Federal and federally asslatad programs .4 m 49 CFR Part 27- Nondiasrimlnaflon on the b~sia of handicap in programs and activities receiving or benefitting from Federal financial assistance ' n 49 CFR Part 29 - Govemmentwide dabarmebt and suspension (non-prcourament) and governmactwide requlromenta for drug-froa workplace (grants) o 49 CFR Pad 30 - Denlsi of public works contracts to suppliers of goods and services of countries that deny prcourement market access to U S contractors p 49 CFR Part 41 - 8siamio safety of Federal and federally assisted or regulated new building construction 1 Office of Management and Budget Circulars a A-87. Coat Prin~lplss Applicable to Grants and Contracts with State and Local Governments b ~-128 - Audits of State and Local Govammenta ' These laws do not apply to sirport planning sponasra 2 These laws do not apply to private sponsors 3 49 CFR Part 18 and OMB Circular A-87 contain raflulrsmenta for State and Local Govemmenta receiving Fedarsi seslatance Any requlrament levied upon State and Local Govammasta by this regulation and olruular shall elco be oppitceble to private sponsors receiving Federal assistance under Title 49, United States Code Spaslflo asasranoes requlrsd to be Included In grant agreements by any of the above laws, regulations or circulars sro Incorporated by reference In tho grant egrsomant Raoponatbillty and Authority of the Sponsor a Public Agency Sponsor It has legal authority to apply for the grant, and to finance and cony out tho proposed project, that a reaslution, motion or similar action has been duly adopted or passed aa an official act of the appitcent's governing body authorizing the filing of the APPA Including all undemtandlngs and aasuroncea contained therein, and directing and sut hods. lng the parson Identified aa the offiolsi representative of the applicant to act in connastion with the APPA and to provide such addltionsi Information aa may be required b Private Sponsor It has legal authority to apply for the grant and to finance and cony out the propo~d proJast and comply with all terms, asnditiooa, and assurancss of this grant agrssment It ahsil besignste an offiolsi rspraesntatlve and shall in wrltlng direct and authorize that person to file this APPA, Including all undendandlnga and assurances contained therein, to sot In connection with this APPA, and to provide ouch additional information so may be required Sponsor Fund Availability. It ha~, sufficient funds svallabio for that portion of the project costa which sro not to be paid by the Unitod Statas It has sufficient funds avsilshle to asaurs oparstion and msintensnce of Items funded undor the grant egresmant which it will own or control Good Title a It holds good title, esfiatacto~'/to the Secrata~, to the landing area of the airport or site thereof, or will give assurance esfiatactoi'y to the Sasrsta~/that good title will be asqulred b For noise compatibility program projects to be carded out on the property of the sponsor, it hctda good title estlafasto~/to the Seorotary to that portico of tha property upon which Federal funds will be expended or witl give assurar~e to the Secretary that good title will be obtained Preserving Rights and Powers a It witl not take or permit any action which would operate to deprive it of any of the rights and pewam nasasaary to perform any or sil of the terms, conditions, end aesuronoes in tho grant agrsamard without the written approval of the Sasreta~y, and will act promptly to a~ulrs, extinguish o~ modify any outstanding rights or olsima of right of others which would Intedere with asch performacoa by tho oponasr This shall be done in a manner asceptshle to the So,rotary Aul)ort Assunm~ (06~)2/97- State Mod,fled 7/9?) A 2 b It will not sell, leses, enoumbor, or othehvise transfer or dispose of any pert of Its title or other interseta In the property ahown on Exhibit A to thle APPA or, for a noise oompatibllity program prbject, that porticn of the property upon which Federal funds have been e~oendod, for the duretlon of the terms, conditions, and aesurancse In the grant egrsemont without approval by the Secrotary If the transterse Is found by the Secretary to be eligible under Title 49, United States Coda, to assume the obligations of the grant agreement and to have the power, authority, and financial resourcaa to =any out ell such obligations, the edonsor shall Insert In the contract or donument transferring or disposing of the sponsors Interest, end make binding upon the transferee atl of the terms, conditions, and aseurenc, es contained in this grant agreement For all noise ¢ompetlblllty program projects which ere to be serried out by another unit of iccal govemmont or are on property owned by a unit of Iocat government other than the sponsor, it wilt enter into an agreement with that govarnment I;xcept se otherwise apeclflod by the Secretary, thot agreement shall obligate thot govemment to the esme terms, conditions, and aesurancas that would be applicable to it if it applied directly to the FAA for a grant fo undertake the noise compatibility program prbject That agresment and changes theroto muat he saflofaotory to the Secretary It will take otepe to eoforca thle agreement againat the local govemmont If there Is substantial non-(~ompllanca with the terms of the agreement d For noise competlbll~ program projects to be carried out on privately owned preperty, it will enter into an agreamont with the owner of thet property which Includes pmvlaicns epa(lifted by the Secretary It will take steps to snfoms this agreement against the preperty owner whenever there le substantial non-Complisoca with the terms of the sgraemsot · If the sponsor Is a private sponsor, It will take otepe satisfactory to the Secretary to ensure that the airport will continue to function es a public-uae airport In accordance with these assurances for the duration of these assurances If an arrangement I$ made for management and operation of the airport by any agency or person other than the sponsor or sn employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in socardonca Title 49, United Stataa Code, the regulations and the terms, sendlticns and sesurences In the grant agreement and shall insure that such arrangement also requires compliance therewith Conetatancy with Lo~ral Ptans The pmJsot le ressonsbly sonelotsnt with plane (existing ct the time of submleaton of thle APPA) of public agenotse that ere authorized by the State in which the prbjsot le iccatod to plan for the dovelopment of the area surrounding the alrpert For holes oompeflbllity program projects, otber than land acquisition, to be esrflod out on property not ownod by the airport and over which property another agency hse land use control or authority, the sponsor shall obtain from each such sgonuy s written dselsraflon that such agency supports that project end the proJsot le reasonably consistent with the sganoy*s plans regarding the property 7 Conatderatlon of Local Interest It hes glvan tair consideration to the Interact of communities in or near where the pmJsot may be Ionatad Consultation with Users In making a decision to unde~ke any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected pottles using the airport at which project la proposed Public Hearings In proJe<;ts invoMng the lecstlon of an alrpert, an airport runway, or a major runway extension, it hes afforded the opportunity for public hsednge for the purpose of considering the economic, so~lal, and envlronmontal effects of the airport or runway Iocaticn and ~ canatotonoy with goals end objectives of such planning as has been carried out by the community and it shall, when requsetad by the Secretary, submit s copy of the transcript of such hearings fo the Seorotary Further, for such projects, it has on ~ management board either voting mprseentoticn from the communities where the prbjsot Is I~sted or has advised the communities that they have the right to petition the Secretary concerning s prepcaed preJsot 10 Air end Water Quality Standards In projects InvoMng airport Io~aticn, s major runway extension, or runway Ionaflon it will provide for the Governor of the state In which the project Is located to certify in writing to the Secretary that the prbjsot will be Ioooted, designed, conotmoted, and operateq ec es to comply with applicable atr and woter quality atsodarda In any essa where such standards have not been approved end where applicable air end water quality standards have been promulgated by the Administrator of the Environme~at Protection Agoncy, cartiflcaticn shall be obtained from such Administrator Notice of certification or rafusel to certify shall he provided within sixty days after the project APPA has been received by the Secretary 11 Psvemont Prevontlve Malntanonoe With respect th s project eqproved after Jsouery 1, 1995, for the replacement er re~=onatruotlon of pavement et the airport, It assures or esrtlflse that it has Implemented an effective airport pavement matntononse-msuagamant program and it assures that It will use such program for the useful life of any pavement onnotruoted, feoonatruoted or repaired with Federal flnanolat sesletanes ct the atrpo~t It will provide such reports on pavement onnditicn sod pavement management programs es the Secretary dotermlnse may be useful 12 Termthal Development Prersqulalta~l For projects which Include termlnat doveicpment ct a public uss atrport, es defined In Title 49, it has, on the date of submittal of the prbjsot grant request, all the esfefy equipment required for certification of such airport under section 44708 of Title 49, United States Code, and all the security equipment requlrod by rule or regulation, and has provided for aceses to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than atr carrier aircraft t3 Accounting System, Audit, end Recordkeepthg Requirements a It shatl keep atl project accounts and records which fully disclose the amount and disposition by the recipient of the pr~seda of the grant, the total coot of the project in onnnectlon with which the grant is given or used, end the amount or nature of that po~on of the cost of the project supplied by other sources, and such other financial records pertinent to the project The accounts end records shall be kept In ac,~ordar~e with an accounting system that will fecllltata an effective audit In eccordanca with the Slngta Audit ACt of 1984 Au~ort Assurances (Od/O2P)7 ~tate Modified ?DT) b It shait make available to the Scorstory and the Comptroller General of the United 8totss, or shy of their duly authorized representathme, for the pu~ of audit end ex~mlnatio~, any books, dccumento, papers, and records of the rs~lplent that ars pel'tlnsnt to the gront The 8ecrstary may rsqulrs that an appropriate audit be conducted by arect plant In any case in which an independent audit ia made of the acoounta of e sponsor ndatlng to the dlepaaitlon of the pro~esds of a grant or relating to the pmJeat In connexion with which the grant was given or used, It shall file e certified copy of ecch audIt with the C;omptndlor General of the United States not later than slx ($) months toitowlng the olcae of the fiscal year for which the audit was made 14 Minimum Wage Rates, It shall include, In all contracts in excess of $2,000 for work on any projects funded under the grant agreement which Involve labor, provisions e~tabllshing mlnlrnurn rotes of wages, to be predetermined by the Secretary of Labor In accordance with the Davle..Baccn Act, ss amended (40 U S ¢ 27fia-276a-6), which contractors shell pay to skilled and unskilled labor, and scch minimum rates shall he etotod in the Iovitotton for bids and shall be Included in propossle or bids for the work 16 Veteran's Preference It shell Include In all contracts for wod( on any project funded undm'the gront agrssment which Involve labor, such provisions as ars ncossssry to Incurs that, In the employment of labor (excapt in executive, admlnlatrstlve, and eupervtaory pssitlons), protarenca shell be given to Veterans of the Vietnam em and disabled vatomns as defined In Section 47112 of Title 4,9, United States Cede However, this preference shall apply only where the Individuals are evaihable and qualified to perform the work to which the employment relates 16 Conformity to Plans end Specifications. It will execute the project subject to plans, specifications, and schedules approved by the gecratary Such plane, specifications, and scheduios shall he submitted to the Sscrotory prior to ccmmencament of site preparation, construction, or other performance under this grant agreement, and, upon approval of the Secretary, shall he Incorporated into this grant agreement Any medification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary, and incorporated Into the grant agreement t7 Conofruofion Inspection and Approval, It Will provide and maintain competent technical supervision at the construction sIte throughout the project to assuro that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project It shall subject the construntlon 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 prccedurss prescribed by the Secretary Such regulations and prccedume shell require ecch coat and progrsae roportlng by the eponscr or sponsors of such project sa the Secretary shall deem necessary t8 Planning Projects In canyIng out planning projects a It Will execute the project In acoordanca with the approved program narrative contolned In the project APPA or with the modifications similarly approved b It will fumlsh the Scorotory With such perlodio reports as required pertaining to the planning project and planning work actlvltlsa o It Will Include in all published matodal prepared in connection with the planning project a nctlca that the materiel was prepared under a grant provided by the UnIted States d It will make such material avallshle 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 · It will give the Se=rotary unrestricted authority to publish, dleclosa, dlatribute, and otherwisa usc any of the material preperod In connection with this grant It will grant the Secretary the right to disapprove the sponem's employment of epsclflc consubnte and their euboontraatem to do all or any part of this project as well ae the right to dlsspprove the proposed ~copa and cost of pmfesslonsl ssfvloee g It will grant the Secretary the right to disapprove the uae of the epanecr'e employees to do all or any part of the project h It understands and agrees that the Secratar,/a approval of this project grant or the Secratar,/s approval of any planning matorial dovelopad as part of this grant does not constitute or Imply any assuronca or commitment on the part of the Secretary to approve any pending or futura request for a Federal airport grant 19 Operation and Maintenance a The airport and all facilities which are necessary to serve the aeronautical ussra 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 rnlnlmum standards as may be requlrod or proscribed by appflcable Federol, state sod local agencies for malntonance and operation It will not causc or permit any actMty or action therecn which would Intorfera with its usa for airport purposes It Will eultobly operato and malntaln tnd airport and all taollltles thereon or connected therewith, with due regard to climatic snd fioud conditions Any proposal to temperorily close the airport for nonaeronsutioal pur~ 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 aeronsutlcal facilIties whenever requlrod, (2) Promptly morklng and fighting hazards rsauitlng from airport conditions, Including temporary conditions, and (3) Promptly noit fi/lng airmen of any condition affecting aeronautical uae of the airport Nothing contained herein shall be construed to redulre that the akport be operated for aeronautical usc dudng temporary perieds when enow, Itood or other climatic oondltloca Interfere With such operation and malntonanca Further, ncthlno heroin shall be construed ss redulrlng the maintenance, repair, rsatomtion, or replacement of any structure or tholIIty which ia substantially damaged or destroyed due to an act of God or other condition or clroumatanca beyond the control of the sponsor b It will suItably operate and maintain noise compatibility pro,ram items that It owns or controls upon which Federal funds have been expended .A~q~o~t A~sur~n~ (06/0W97- State Moddied ?/~7) A 4 20 Hazard Removal and Mitigation It will take appropriate sotlon to assure that such terminal alrepece aa la required to protect Instrument and visual operations to the airport (including sstnbllshed minimum flight sltltodss) will be adequstsly cleared and prctsotad by removing, iowadng, ralcoatlng, mariong, or lighting or othenvlss mitigating existing airport hazards and by preventing the establishment or creation of future airport hazorda 21 Compatible Land Uss It will tsks epprcprlsta sotion, Including the adoption of zoning laws, to the extent rassunabis, to restrict the uss of land adJsoent to or in tho immediate vlcioity of the airport to actlvitlss and purpcaea ncmpetlbls with normal airport operations, Including landing end taksoff of aircraft In addition, If the IxoJect IS for notss compatibility program Impismentatlo~, It will not cause or permit any change In lend use, within its juhedlctlon, that will reduce Its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended 22 Economic Nondlsortmlnatlon s It will make Its airport available aa an airport for public uss on reammabta terms and without unjust dlssrimlnetlon, to any penmn, firm, or corporation to conduct or to engage in any aemcautlcel activity for furnishing ss~css to the public at the airport b In any agreement, contrast, lease, or other arrangement under Which a dght or privilege at the airport Is granted to any person, firm, or oorporatlon to conduct or to engage In any ssrcnautlcal activity for furnishing ssa'loss to the poblio at the airport, the sponsor will Insert and enforce provisions requiring the contractor to- (1) furnish said ssrvioss on a reasonable, and not unJusity dlecrlmlnatory, basis to all users thereof, and (2) charge reasonable, and not unjustly discriminatory, prices for each unit or ssrv~e, provided that the contractor may be allowed to make reasonable and nondlsodmtcetory discounts, rebates, or other similar types of price reductions to volume pumhessre Each flxed-bassd operator at the airport shall be subject to the same mtas, fees, rentals, and other charges aa are uniformly appllceble to all other f'~ed based operatora making the ssrca or similar uses of such airport end utilizing the same or similar tsollitlss d Each air carrier calng such alq3ert shall have the right to ssn~lca Itself or to uss any f'~<ed-bassd operator that IS authorized or permlttad by the alrpod 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 carrler tenant) shall be subject to such nondiscriminatory and substantially oomperable miss, regulations, conditions, rates, fees, rentals, and other charges with respect to tacllitlss directly and aubatant.islly related to providing air transportation aa are appllcabis to all such sir cenlere which make slmllor use of such airport and utilize similar fsollitlss, subject to reasonable olasslflcetlons such as tenants or nontsnants and signatory carriers and nonslgcetory carrisre ¢issslflcatlon or atatca ss tenant or algnctary sheit nct ba unreasonably withheld by any airport provided an air carrier assumes obligatloce substantially slmlisr to those already Imposed on air carriers In such clssslflcatlon or status It will not exemlss or grant any dOM or pdvitoge which operates to prevent any person, firm, or corperetlon operating alrcralt on the airport, fram performlog any ssn~ on Its own aircraft with Its own employees (Including, but not limited to maintenance, repair, and fuetlog) that It may choose to pert'cfm g In the event the sponsor Itself exercises any of the rights and privileges referred to In this assurance, the ssrvlcas Involved will be provided on the same ncndItlona aa Would apply to the fumlchlng of such ss~cas by oommeraisl ssmnsutkial ecrvlca providers authorized by the sponsor under these provtslons h The sponsor may sstsblish such rssecnabis, and not unjustly discriminatory, condItions to be met by sit users of the airport as may be nsssssary for the safe and sffloisnt operation of the airport The sponsor may prohibIt or limIt any given type, kind or class of aeronautical uss of the airport If such action Is necessary for the safe operation of the airport or nececssry to ss~ve the oMI aviation needs of the public 23 Exctualve Rights It WIll permit nc exclusive right for the uss of the airport by eny person providing, or Intandlng to provkle, aeronautical services to the public For porposss of this parograph, the providing of the ecrvIces at en alrpert by a stngis fixed- based operator shall not be con~trued aa an exclusive right If both of the following apply a It would be unreasonably costly, burdensome, or Impractical for more than one ~ed-baaed operator to provide such ssrvlcss, and b If allowing mere then cna fixed-bassd operator to provide such ssa'loss Would require the reduction of specs leased pursuant to an existing agreement between such alogle fixed-based operator and such alrpert It further agrees that It will not, either directly or Indlrsotly, grant or permIt any person, firm, or corporction, the exclusive right at the airport to conduct any ssrcnautlcal actlvitlss, Including, but not limited to charter flights, pilot training, aircraft rental and alghteaelng, aerial photography, crop dusting, aerial advertising and aun/aytog, air carder oporctlons, aircraft sales and services, sale of aviation petroleum products whether or not conducted In conjunction with other aeronautical activity, repair and maintenance of almraff, sale of alrarefl parts, and any other activities which because of their direct reistlonshlp to the operation of aircraft can be regarded aa an aeronautical activity, sad that It will terminate any exclcalve right to conduct an sen)nautical activ~ now existing st such an alrpert before the grant of any assistance under Title 49, United States Code 24 Fee end Rental Structure It WIll maintain s fas and rental structure for the tacitltlss and services at the airport which wiit make the airport aa self-sustaining ss possible under the circumstances existing st the particular airport, taking Into account such fsotore ss the volume of traffic end economy of collection No pert of the Federal share of an airport deveiopmsnt, airport pisnnlng or ncise uompeflbllity project for which s grant Is made under Title 49, UnIted States Cede, the Alrpert and Alnvay Improvement ACt of 1982, the Federal Airport Ant or the Airport and Alnvey Development ACt of 1970 shall be Included In the rate baals In sstabllchlng fees, mtss, and charges for users of that airport Auport Assurances (06/02/97. State Modtfled 7/97) A- 5 Airport Revenues s All revenues generated by the airport and any local taxes on aviation fuel established after Decernber 30, 1987, wilt be expended by It for the capItal or operating onata of the airport, the local strport eyotem, or ether local facilities Which ara owned or operated by the owner or operator of the airport and which ara direotly and substantially related to the actual air transportstlon of peesengera or property, or for noise mitigation purposes on or att the strport Provided, howavar, that If covanant, or eseuracoes In debt obligations lesued before Septamber 3, 1982, by the owner er operator of the airport, or provisions enacted before September 3, 1982, In governing statutes controlling the owner or operator's financing, provide for the use of the revenues from shy of the airport owner or operatoCs tacllitles, Including the airport, to support net only the strpo~ but also the strport owner or operator's general debt obligations or other facilities, then this limItation on the use of ail revenues generated by the airport (and, In the case of a pubIIc airport, local taxes on aviation fuel) shall not apply b As part of the annual audit required under the Single Audit ACt of 1984, the sponsor will direct that the audIt will review, and the resulting audit report will provide an opiolon concerning, the use of airport revenue and taxes In paragraph (s), and Indiosttng whether funds paid or transferred to the owner or operator ara paid or transferred in a manner consistent with Tltla 49, United States Code and any ether applicable provision of law Including any regulation promulgated by the Secretary or Admlnlatretor Any cml penalties or other sanctions will be imposed for violation of this assurance In accordance with the provisions of Section 47107 of Title 49, UnIted States Code 26 Reports and Inspsotlons It WIll S submit to the $eoratary such annual or epeclst financial and operations reports as the 8soretary may reasonably request and make such reports avstlabla to the public, make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the 8eoretary, for airport development projects, make the airport and all alrpo~ records and dcoumonte affecting the airport, including deeds, lasses, operation and use agreements, regulations and ether instruments, available for ioepeetion by any duly authored agent of the Secretary upon reasonable request, C for noise compatibility program proJeota, make reoords and donumonts relating to the project and continued compllanca with the terms, conditions, and assurances of the grant agreement icoluding deeds, lessee, egreementa, regulations, and ether iostrcmente availabio for Inepeotion by any duly authorized agent of the Secretary upon reseonabte request, and d in s format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of Its tieoal 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 (11) all sei'viose and property provided by the airport to other units of government end the amount of compenaetlon reoelvad for provision of each such service and property 27 Use by Government Aircraft It WIll make available stl of the fsuliitles of the strport developed with Federal financial aselatance and all those usable for landing end takeoff of aircraft to the United States for use by Government aircraft In onmmon with other aircraft at all times without charge, except, if the use by Government strcraft la eubetantlal, charge may be made for a reasonable share, proportional to such use, for the =cst of operbtlng and maintaining the facilitlas uesd Unlses otherwies determined by the Secretary, or etbenvlse agreed to by the sponsor and the using egon=y, substantial use of an airport by C-ovamment aircraft will be =onstdered to exist when operetlons of such aircraft are In axcaes 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 cstendar month that- a Five (5) or more Govemmont aircraft are regularly based st the airport or on land adJaoont thereto, or b The total number of movements (counting each landing se a movement) of Govemmont strcraft Is 300 or more, er the gmse accumulative Weight of Government aircraft using the airport (the total movement of Govemmont aircraft multiplied by gross Wolghta of such aircraft) Is in excess of five million pounds 28 Land for Federal Fsollftles It wilt furnlah without =cat to the Fedend Govammont for use In connactlon with any str trafllc control or air navigation aetlvltlse, or Woather-reportlng and communication setlvitlas related to air trafTio control, any areas of land or water, or estate therein, or rlgbts In buitdlngs of the sponsor as the Secretary considers necessary or dselrabla for construction, operation, and mstntononca st Federal expense of spena or fsuitltios for such porpeses Such erses er any portion thereof will be made avarlabla as provided herein within four months after receipt of a Whften request from the Secretary 29 Alrpmt Layout Plan a It will keep up to date at all times an airport layout plan of the strport showing (1) poundarlse of the strport and all proposed additions thereto, together with the beundadse of stl offslte areas owned or contrcllad by the sponsor for airport purposes and prcpesed addItions thereto, (2) the Ionstlan and nature of all existing and proposed airport facilities and etrueturse (such es runwoyo, taxl'.vayo, aprons, terminal buildings, hangars and roads), Ir~ludlng ail proposed extanalons and reductlona of existing airport facilities, and (3) the location of all existing and proposed nonavietion areas and ofstl existing Improvements thereon Such airport layout plans and each amendment, revlston, or modification thereof, st'~ll be subject ta the approval of the Sseratary which approval shall be evldoncad by the stgnatura of s duly authorized representative of the Secretary on the face of the airport layout plan The sPOnaor WIll not make or permit any changes or alterations In the strport or any of its facilities Which ere not in conformity with the airport layout plan es approved by the Ssurstary and which might, in the opinion of the Seorstary, adversely affect the safety, utility er ef~clan~ of the airport 3arpart Assuran~a (0G/02/97. ~t~ Modtfiod 7/97) A- ~ b If a ahenge or alteration In the alrpor~ or the faollitlea Is made which the ~ecratary detarminea adversely affects the safety, utility, or efficiency of any fademlly owned leased, or funded property on or off the airport and which Is not In conformity with the airport layout plan es appmvad by the Secretary, the owner or operator will, if requested, by the Seoratary (1) ellmlnata such adverse effect in s manner approved by the Scorotar/; or (2) bear all costs of relocating such property (or replacement thereof) to a site aoneptabla to the Seorotsry and sit coats of rsatorthg such property (or replacament thereof) to the level of safety, utility, efflolenw, and coat of operation exiating before the unapproved change In the airport or Its feollitlea 30 Civil Rights It will comply with such tulsa sa arc promulgatad to assures that no pemon shell, on the grounds of race, oread, color, notlocal origin, sex, nge, or handicap be exotuded from participating In any activity conducted with or benefiting from funds received from this gront This assurance obllgotsa the sponsor for the perlnd dudng which Federal ticanolal asalatanca la extended to the program, except where Federal tinanolal saslatanoe is to provide, or la In the form of personal propeW or real property or Interact thoreln or atructuros or Improvements thereon in which ease the eeauranca obligates the sponsor or any tmnsfarae for the longer of the foliawing periods ia) the period dudng which the property la uead for a pu~ for which Federal itnanolal saslateoca Is extended, or for another purpose InvoMng the provision of elmller services or benefits, or (b) the period during which the sponsor rotalns ownership or Poseasalon of the property 81 Disposal of L~nd · 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 sarileat practicable time That pertlon of the prcoeeds of such disposition which la proportionate to the United States' share of ecqulaltion of such land will, st the dleorotlon of the Secretary, 1) be paid to the Secretary for deposit in the Trust Fund or 2) be reinvested In an approved noise compatibility project as preeorlhed by the Secretary b (1) For land purohasad under a grant for airport development purpeasa (other than noise onmpeit bllity), it will, when the land is no longer needed for airport purposes, dlaposa of such land at fair market value or make svallabla to the Seorotary an amount equal to the United States' proportionate share of the fair market value of the land That Portion of the prcosade of such disposition which la proportlonots fa the United States' share of the oeat of ecquleltlon of such land will, ia) upon application to the Secretary, be reinvested in another eligible airport impmvcmeot project or projects approved by the Secretary st that airport or within the national airport eyatem, or (b) be paid to the Secretary for deposit In the Trtmt Fund If no eligible project exists (2) Land shall be considered to be needed for airport purposes under this assurance If is) it may be needed for aeronautical purposes (Including runway protection zones) or serve sa noise buffer land, and (b) the rovanue from Inteflm uea8 of scoh land contributes to tho flnanotsl salf. oufflclanoy of the slrpert Further, land purchased with s grant received by an etrpo~ operator or owner before December 31, 1987, will be conetberod to be needed for airport purposes If the Secretary or Federal agency making scoh grant before December 31, 1987, was notified by the operator or owner of the uses of such lend, did not object to such usa, end the land ~onflnusa to be used for that purpose, such use having commen~ed no later than December 15, 1989 o Disposition of such land under ia) or (b) will be subject to the retention or reservation of any Interest or right therein necessary to ensure that scoh land will only be used for purposes which are compatible with noise lavela asao~lated with operation of the airport 32 Engineering and Deotgn Servtoea It will award each contract, or eub-controot for prngram management, construction management, planning studies, fasalblllty studies, arohiteoturol sarvlosa, preliminary engineering, design, engineering, surveying, mapping or related sarvlcsa with respect to the project In the same manner as a contract for architectural and engineering sa~lcas Is nngotlated under Title IX of the Federal Properly and Administrative Sawlaea Act of 1949 or an equivalent qualli'icatlons-besad requirement prescribed for or by the sponsor of the airport 33 Foreign Market Restrictions It will not allow funds provided under this grant to pe usad to fund any project which usaa any product or sawlce of a foreign country during the period in which such foreign country la listed by the United States Trade Representative ss denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction 34 Policies, Standards, and Specifications It WIll carry out the project In accordance with poticlas, standards, and specifications approved by the Secretary Including but not limited to the advisory olroularo Ilatod In the Current FAA Advisory Clroularo for AlP projects, dated Mav I. t99it and included In this grant, and in accordance with applicable state pelloiea, standards, and speotflcatlone approved by the Secretary Relocation and Real Property Acqutaltlon (1) It will be guided In acquiring reel preperty, to the greataat extent practicable under State law, by the lal'~:l scqulaitlan Pollotea In Subpert B of 49 CFR Part 24 and will pay or relmburoe property owners for necessary ecpenosa ea epaolflod In Subpert B (2) It will provide a relonatlon sealatanca program offering the sarvlosa dsacribed In Subpert C and fair and roaeonabla rolcoetion payments and easlalanoe to displaced persons ss redulred In Subpart D and E of 49 CFR Part 24 (3) It will make avallabla within · reasonable period of time prior to displacement, comparable replacement dwellings to displaced peraone In accordance with Subport E of 49 CFR Part 24 36 Access By Interelt¥ Bueae The atrporl owner or operator will permit, to the maximum extent prectlcabta, intercity buses or other modes of transportatlan to have eocsae to the alrped, however, it has no obligation to fund special facilities for Interoity busa~ or for uther modea of transportation A~ A~urances (06/02/97 - State Modtfled 7/97) A 7 CURRENT FAA ADVI~;ORY CIRCULARS FOR AlP PROJECT8 Updated On May 1, lgg$ NUMEER 8UBJE(~T 70/7480-1H, CHG 1 & 2 ObMmotlon Maddng and Llghtleg 150/5000.13 Announcement of Avellibllity RTCA Ina, Dooument RTCA 221, Guldenee and Recommended Redulmmerde for Airport 8urfo~ Movement Bon~ore 160/5100-14C Ar~hlts~tuml. Englnsering, and Planning Consultant Bafviden for Airport Grant ProJents 150/5210.5B Painting, Marking and Lighting of Vehl~tes Used on an Airport 150/5210-7E Aimmft Fire and Reenue Communications 150/5210.14 Airport Fire end Resi=ue Personnel Prots~tlve Clothing 150/5210-15 Airart Rseoue and Flrellghtlng 8tstlon Bulldieg Dselgn 150/5210.16 Systems for Interactive Training of ^lrport Personnel 150/5220.4B Water Supply' Syoteroa for ^lmra~ Fire and Rescue Protentlon 160/5220.10A Guide 8penlflnatlon for Water/Foam Type AlmraR Reenue end Fireflghlng Vehlotes 150/5220-13B Runway 8udaoe Cendltlen Sensor SpseMoatlen Guide 150/5220-14^ Aiqregt Fire and Rseoue Vehloio Spe~ifloatlen Guide 150/5220-15A Automated Weather ObenMng Systems for NonFederal Appiloatlens 150/5220.17A Dselgn 8tsndards for Airoreft Reseue Fireflghtlng Training Facilities 160/5220.18 Buildings for Storage end Malntenanee of Airport Snow and lee Control Equipment and Materials 150/5220-19 Quids 8penM~tlen for 8mall, Dual-Agent AiroreR Rescue and Flreflghtlng Vehioloa 150/5220.20, CHG 1 Airport 8now and los Control Equipment 150/5220-21 CHG 1 guide 8penMoatlons for Lifts Used to Board Airline Pa&sengero with Mobility Impaln'nents 150/5300-13 CHG I. 2. 3. & 4 Airport Denlgn 150/5300-14 Design of Aimraff Deicing Fenllitioa 150/5300-15 Use of Value Engloaerlng for Engineering Design of Airport Grant Projects 150/5320-5B Airport Dmlnege 150/5320.6C, CHG 1 & 2 Airport Pavement Design and Eveluatlen 1 $0/5320.124 Measurement, Construction, and Maintenance of Skid Rseistsnt Airport Pavement Surtacoa 150/5320-14 Airport Land.aping for Noise Cordml Purpoaen 150/5325-4A CHG 1 Runway Length Requirements for Airport Design 160/5340.1G Standards for Airport Marking 150/5340-4¢ CHG 1 & 2 Installation Details for Runway Centsrilne Touchdown Zone Ughtlng Systems 1 $0/5340..5E, CHG 1 Segmented Clroid Airport Marker System 150/5340-14B CHG 1 & 2 Economy Approaoh Lighting Aids 150/5340.17B Standby Power for NonFAA Airport Lighting Systems 150/5340-18C CHG 1 Standards for Airport Elgn 8ystsms 150/5340-19 Taxlway Centstllne Lighting 8ystsm 150/5340-21 Airport Mlseellenseua Lighting Visual Aids 150/6340-23B Eupplementsl Wind Cones 150/5340-24, CHG 1 Runway and Taxhvay Edge Ughtlng 8ystsm 160/5340-27A Air-To-Ground Radio Control of Airport Ughtlng 8yotema 150/5345-3D 8peelfloatlen for L-821 Panels for Remote Central of Airpod: L~gMIng 160/5345-5A Ciroult Balentor 8w;toh 150/5345-7D, Clio 1 8penlfloatlen for L-624 Underground Electrical Cebid for Airport Lighting Clroulta 160/6345-10E 8pe~Mcatlen for Constant Currant Regulators Regulator Monitors 150/5345-12C 8peeifloatlen for Airpert and Heliport Beacon 150/6345-13A Spe~lflcatien for L-841 ^uxlllary Relay cabinet Assembly for Pilot Control of ^lrport Lighting Circuits 160/6345-26B CHG 1 & 2 8penlfioatlena f(x' L-823 Plug end Reneptaoio, Cable connectors 150/5345-27C SpeosMoatien for Wind Cones Assemblies 150/5345-28D, CHG 1 Preolsion Approaoh Path lndloator (PAPi) Systems 150/5345-39B CHG 1 FAA EpeclfIoatlen L-853 Runway and Taxlway Centerline Retrofleotlve Markers 150/5345-42C, CHG 1 8peosifloatlen for Airport Light Bases, Transformer Housings Junction Boxes and Aceesserioa 150/5345-43D Specification for Obatmotien Lighting Equipment 150/5345-44F. CHG 1 8pe¢lfloatlen for Taxlway and Runway 8iOns 150/5345-45A Lightweight Appmaoh Light Struoture 150/$345-46A 8pe~ifloatlen for Runway and Toady, my Light Fixtures 160/5345-47^ Isolation Transformers for Airport Lighting Systems 150/5345-4gA 8pseifloatlon L-854, Radio Control Equipment 150/5345-50, CHG 1 8peclftoation for Portable Runway Ughts 150/6346-5t, CHG 1 8peclfloatlon for Dlseharge-Type Flasher Equipment 160/5345-52 Generic Vlaual Glidselope Indloatoro (GVGI) 160/5345 53 Airport Llghlng Equipment cortlfleetion Program 160/5360-9 Planning and Design of Airport Terminal Facllitlse at NonHub Locations 150/5360-12A Airport ~lgnleg end Graphloa 150/5360-13, CHG 1 Plennlng end Deolgn Guidenee for Airport Terminal Facilities 150/5370-2C Operational Bafoty on Airports During Conatruotlon 150/5370-6E Cenltruotlon Progress and Inspeotion Report*Airport Grant Program 150/5370-10A CHG 1, 2, 3, 4, 5, 6 7, & 6 8tendarda for 8peclf'/Ing Conotmotlon of Airports 150/5370-11, CHG 1 Use of Nendsetruotlve Testing Oevl=se In the Evaluation of Airport Pavements 150/6370-12 Quality Control of con~tmction for Airport Grant Projie~-.ts 150/6390-2A Heliport Design 150/5390-3 Vertlpert Design CERTIFICATION OF PROJECT FUNDS TxDOT Contract No.' 8XXFA003 (Name) (Title) do hereby certify that sufficient funds to meet the Sponsor's share of project costs as identified in the Airport Pro]ect Participation Agreement for said pro]ect will be available in accordance with the schedule shown below: SPONSOR FUNDS Source Amount ~ General Fund $1Q,QQQ October 1, 1997 The City of Denton has caused this to be duly executed in its name, this 6th day of n~ , 1997 C~tv of Denton (Sponsor) T~tle. Asst. C~t¥ Manaqer of F~nance CERTIFICATION OF AIRPORT FUND TxDOT Contract No.: 8XXFA003 I, Kathy DuBose , Assistant City Manager of Finance, (Name) (T~tle) do hereby certify that the General Fund A~rport 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 a~rport operations will be deposited for the benefit of the General Fu~ Alrport Fund and will not be diverted for (Name of Fund) other general revenue fund expenditures or any other special fund of the City of Denton 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 dlscernable from other types of monies identified in the fund as a whole. The City of Denton has caused this to be duly executed in its name, this ~th day of ~, 1997 Cltv of Denton (Sponsor) Title Assistant City Manager of Finance DESIG~NATION OF SPONSOR'S AUTHORIZED REPRESENTATIVE TxDOT Contract No.: 8XXFA003 I, Ted Benavides , City ManaGer , (Name) (Title) hereby designate Ted Banavfd~ City Manaq~ as the Sponsor's (Name, Title) authorized representative for the pro3ect, who shall have the authority to make approvals and disapprovals as required on behalf of the Sponsor The City of Denton has caused th~s to be duly executed in its name, this 6th day of ~, 1997. City of Denton (Sponsor) Title City Manaqer DESIGNATION OF SPONSOR'S CONSULTANT SELECTION CO~ITTEE TxDOT Contract No.: 8XXFA003 I, Linda Ratllff , Director of Economic Development (Name) (Title) hereby designate the following named individuals as the City of Denton Consultant Selection committee for the pro3ect Name Title (if appropriate): David H~ll, Director of Plannlng Jerry Clark, Director of Englneer~ng Jill Jordan, Director of Water Ut~lltles The City of Denton has caused th~s to be duly executed in its name, this 6th day of ncteber , 1997 Cltv of Denton (Sponsor) Title' D~rector of Economic Development ~ 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- (l) The dangers of drug abuse in the workplace, (2) The grantee's policy of maintaining a drug-free workplace, (3} 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 reqP/irement 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- (l) 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 $0 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) 5000 Airport Road Denton, TX 76207 check if there are workplaces on file that are not identified here Signed ~ Dated October 6. ~ 997 Ted ~enavldes, City Manaqer Typed Name and Title of Sponsor Representative