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2003-115ORDIN CE AN ORDINANCE AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE FEDERAL AVIATION ADMINISTRATION TO PROVIDE FOR AIR TRAFFIC CONTROLLERS AT THE DENTON MUNICIPAL AII~ORT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council hereby finds that the Contract Airport Traffic Control Tower Operating Agreement between the City of Denton and the Federal Aviation Administration approved by this ordinance is in the public interest; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Section 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. Section 2. The City Manager or his designee is hereby authorized to execute on behalf of the City of Denton the Contract Airport Traffic Control Tower Operating Agreement between the City of Denton and the Federal Aviation Administration in substantially the same form as of the Agreement attached hereto and made a part hereof by reference. Section 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the t~~ dayof ~/6~ ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ~~ ~ Department of Transportation Federal Aviation Administration CONTRACT AIRPORT TRAFFIC CONTROL TOWER OPERATING AGREEMENT In consideration of the air traffic control (ATC) service being provided to the Airport Sponsor by the Government at the City of Denton Municipal Airport, the Airport Sponsor agrees to the following terms and conditions at no cost to the Government: 1. The Airport Sponsor shall provide an airport traffic control tower (ATCT) structure meeting all applicable state and local standards including, but not limited to, applicable building, fire, safety, environmental, and security, codes and regulations. The Airport Sponsor further agrees to maintain the ATCT structure in good and tenantable condition throughout the term of the agreement. 2. The Airport Sponsor shall also provide and maintain on a continuing basis, all utilities and services including heating, air conditioning, electrical, water, gas, sewer, janitorial (to include washing tower cab windows and shades, interior and exterior, when necessary), and security services necessary for the ongoing operation of ATC service. 3. The Airport Sponsor shall also provide and maintain all ATC operational equipment located or presently installed in the ATCT to include, ATC and safety equipment, communications equipment, runway lighting equipment, weather reporting equipment, navigational equipment and all wiring and control related to the equipment. The equipment will be maintained in accordance with applicable FAA standards and regulations. 4. The Airport Sponsor shall be responsible for the proper and continued ftmetioning of all equipment that the Government determines is necessary for ATC operations, but that cannot be placed in operation or otherwise euntrolled from the ATCT building. Examples include airport lighting, windsock, obstruction lights, rotating beacon, VASI, etc. 5. The Airport Sponsor agrees to enter into a Letter of Agreement (LOA) with the contractor's local representative specifically for the purpose of providing an airport point of contact and procedures to follow to ensure a timely response to requests concerning equipment or building problems. In accordance with FAA Order 7210.3, Section 3, other Letters of Agreement will be necessary for topics such as airport emergency service, control of vehicular traffic on airport movement areas, operation of airport lighting, and assigned to the ATCT are encouraged to enter into letters of local procedures, agreements or understandings. However the terms and conditions set forth in this agreement or the FCT contract cannot be waived or superseded by such local agreements. 6. The Airport Sponsor agrees to hold the Government harmless and indemnify the Government for damages the contractor inflicts. FAA will not be financially liable for the actions of the contractor regardless of the dollar amount. 7. The Airport Sponsor agrees that notwithstanding any other provisions of this operating agreement, the Government's ability to provide contract ATC service is contingent upon the appropriation of adequate funds fi:om year to year that enable the Government to provide contract ATC services to the public. If adequate annual appropriations are not provided, this operating agreement may be terminated without penalty to the Government. 8. The sponsor is aware of current FAA procedure to recalculate benefit/cost ratios annually to determine the percentage of funds for which the FAA and the airport are responsible. FAA provides full funding for sites with a benefit/cost ratio of 1.0, or greater. 9. The sponsor is aware that funding from the FAA Contract Tower Program is provided for contract ATC services only. The undersigned agree to the terms and conditions of this agreement: CITY OF DENTON, TEXAS MICHAEL A. CONDUFF, CITY MANAGER (~ateJ FEDERAL AVIATION ADMI/~ISTRATION (Type Name & ~'itle) (Signature) ATTEST: JENNIFER WALTERS, CIT~ SECRETARY