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