2000-258FILE REFERENCE FORM I 2000-258
Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILE(S) Date Initials
Amended by Ordinance No. 2001-155
[Amendment No. 01 to the Maintenance Agreement] 04/17/01
Amended by Ordinance No. 2002-006
[Amendment No. 02 to the Maintenance Agreement] 01/08/02
ORDINANCE
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER, OR
HIS DESIGNEE, TO EXECUTE ON BEHALF OF THE CITY OF DENTON AN
ACCEPTANCE OF AN OFFER FROM THE TEXAS DEPARTMENT OF TRANSPORTATION
RELATING TO A GRANT FOR ROUTINE AIRPORT MAINTENANCE PROGRAM;
AUTHORIZING THE CITY MANAGER TO EXPEND FUNDS PROVIDED FOR IN THE
GRANT PROGRAM; AND DECLARING AN EFFECTIVE DATE (TxDOT Project No.:
AM2000DNTON; AND TxDOT CSJ No.: MO 18DNTON).
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1 The City Manager of the City of Denton, or his designee, is hereby
authorized to execute on behalf of the City of Denton an acceptance of an offer from the Texas
Department of Transportation relating to a grant for Routine Airport Maintenance Program, a copy
of such grant being attached hereto and made a part hereof for all purposes (the "Grant
Agreement").
~. The City Manager is hereby authorized to expend such funds as are provided
for in the Grant Agreement.
RECTION 3.
approval.
PASSED AND APPROVED this the
This ordinance shall become effective immediately upon its passage and
/ -¢dayof ,2000.
EUL1NE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
AP~O~D~AS TO~L~EGAL FORM:
TEXAS DEPARTMENT OF TRANSPORTATION
GRANT FOR ROUTINE AIRPORT MAINTENANCE PROGRAM
(State Assisted Airport Routine Maintenance)
TxDOT PROJECT No.: AM 2000DNTON
TxDOT CSJ No.' M01$DNTON
Part I - Ident~fication of the Project
TO
FROM
The City of Denton, Texas
The State of Texas, acting through the Texas Department of Transportation
This Grant is made and entered into by and between the Texas Department of
Transportation, (hereinafter referred to as the "State"), for and on behalf of the State of Texas,
and the City of Denton, Texas, (hereinafter referred to as the "Sponsor")
WITNESSETH
WHEREAS, the Sponsor desires to sponsor a project for the routine maintenance of a
public awation facility, known or to be designated as the AIRPORT under the Transportation
Code, Chapter 22, and
WHEREAS, the project is described as airport maintenance at the Denton Mumelpal
Airport, and
WHEREAS, the Sponsor hereby applies for a grant for financial assistance, and
WHEREAS, the parties hereto, by this Grant, do hereby fix their respective
responsibilities wtth reference to each other and wtth reference to the aeeomphshment of said
project
NOW, THEREFORE, for and in consideration of the benefits which will accrue to the
parties hereto by virtue of the completion of the project, IT IS MUTUALLY COVENANTED
AND AGREED as follows
AVN4301 ~ 0/2000)
Page 1 of 12
Part II - Offer of Financial Assistance
For the purposes oftlus Grant, the annual routine maintenance project cost, Amount A, is
estimated as found on Attachment A, Scope of Serwces, and as found on amendments
thereto, all being attached hereto and made a part oftlus Grant
State financial assistance granted herein will be used solely and exclusively for mrport
mmntenance and other incidental items as approved by the State Actual work to be
performed under this agreement is found on Attachment A, Scope of Services State
finanaal assistance, Amount B, will be for fifty percent (50%) of the eligible project costs
for flus project or $20,000 00, which ever is less, per fiscal year and subject to availability
of state appropriations
The Sponsor may request the State to provide mowing services, such servtces to be
prowded at the discretion of the State floweret, mowing services will not be ebg~ble for
state finanaal asmtance Sponsor will be responsible for 100% of costs of any mowing
Scope of Services, Attachment A, oftlus Grant, may be amended, subject to avaflablhty of
state funds, to include additional approved airport maintenance work Scope amendments
reqmre subrmttal of an Amended Scope of Serwces, Attachment A Serwces vall not be
aecomphshed by the State until recetpt of Sponsor's share of project costs
The State shall determine fair and ehgible project costs for work scope Sponsor's share of
estimated project costs, Amount C, shall be as found on Attachment A and any
amendments thereto
It ts mutually understood and agreed that if, during the term of flus agreement, the State
deternunes that there is an overrun in the estimated annual routine mmntenanee costs, the
State may increase the grant to cover the amount of overrun w~tlun the a/ores,ad
percentages and subject to the maramum amount of state funding as found in Part II, Item
1, above
The State will not authorize expenditures in excess of the dollar amounts identified in flus
Agreement and any amendments hereto, without the consent of the Sponsor
Sponsor, by accepting flus Grant certifies and, upon request, shall furmsh proof to the
State that tt has sufficient funds to meet ~ts share of the costs as heretofore stated The
Sponsor hereby grants to the State the right to audit any books and records of the Sponsor
to verify satd funds In eddit~on, the Sponsor shall disclose the source of all funds for the
project and its ab~hty to finance the project
Upon executton of flus Agreement and written demand by the State, the Sponsors
financial obligation (Amount C) shall be due tn cash and payable tn full to the State State
Page 2 of 12
AV~T4301 DO~ 0/2000)
4
5
6
may request the Sponsor's financial obligation in partial payments Should the Sponsor fall
tO pay soad obhgat~on, either in whole or m part, within 30 days of written demand, the
State may exercise its rights under Paragraph V-3 hereof Likewise, should the State be
unwilling or unable to pay its obligation in a timely manner, the failure to pay shall be
considered a breach and the Sponsor may exercise any rights and remedies it has at law or
equity
The State shall reimburse or credit the Sponsor, at the financial closure of the project, any
excess funds prowded by the Sponsor which exceed Sponsor's share (Amount C)
The Sponsor specifically agrees that it shall pay any project costs which exceed the
amount of financial participation agreed to by the State It is further agreed that the
Sponsor will reimburse the State for any payment or payments made hereunder by the
State which are in excess of the percentage of financial assistance (Amount B) as
heretofore stated in Paragraph II-1
Scope of Serwces may be accomplished by State contracts or through local contracts of
the Sponsor as determined appropriate by the State All local contracts must be approved
by the State for scope and reasonable cost Reimbursement requests for local contracts
shall be submitted on forms provided by the State and payment shall be made for no more
than 50% of allowable charges
The State will not participate in funding for force account work conducted by the
Sponsor
This Grant shall ternunate upon completion of the scope of services The term of this
grant may be extended by the execution of an Amendment to the Agreement
Part llI- Sponsor Responslbiht:es
1 In accepting this Grant, the Sponsor guarantees that
it w~ll, in the operation of the facility, comply with all applicable state and federal
laws, rules, regulations, procedures, covenants and assurances required by the
State in connection with this Grant, and
b
the Airport or navigational facility which is the subject of this Grant shall be
controlled for a period of at least 20 years, and
consistent with safety and security requirements, it shall make the airport or air
navigational facility avmlable to all types, lands and classes of aeronautical use
without discrimination between such types, lands and classes and shall prowde
adequate public access dunng the penod of this Grant, and
Page 3 of 12
AVN4301 D0~
d
it shall not grant or permit anyone to exercise an exclusive right for the conduct of
aeronautical activity on or about an airport landing area Aeronautical activities
include, but are not limited to scheduled airline flights, charter flights, flight
instruction, aircraft sales, rental and repair, sale of awation petroleum products and
aerial applications The landing area consists of runways or landing strips,
taxlways, parking aprons, roads, airport lighting and navigational aids, and
e
It shall not enter into any agreement nor perrmt any aircrat~ to gain direct ground
access to the sponsor's mrport from private property adjacent to or in the
immediate area of the airport Further, Sponsor shall not allow aircrat~ direct
ground access to private property Sponsor shall be subject to flus prolubmon,
commonly known as a "through-the-fence operation,*' unless an exception is
granted in writing by the State due to extreme circumstances, and
f
it shall not penmt non-aeronautical use of airport facilities vnthout prior approval
of the State, and
g
the Sponsor shall subnut to the State annual statements of airport revenues and
expenses when requested, and
h
all fees collected for the use of the airport shall be reasonable and
nondiscriminatory The proceeds from such fees shall be used solely for the
development, operation and maintenance of the airport or navigational facility, and
an A~rport Fund shall be established by resolution, order or ordinance ~n the
treasury of the Sponsor, or evidence of the prior creation of an eyastmg airport
fund or a properly executed copy of the resolution, order, or ordinance creating
such a fund, shall be subnutted to the State 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 earmngs, and balances In the account are discenuble from other
types of moneys identified in the fund as a whole All fees, charges, rents, and
money from any source denved from airport operations must be deposited m smd
Airport Fund and shall not be diverted to the general revenue fund or any other
revenue fund of the Sponsor All expenditures from the Airport Fund shall be
solely for airport purposes Sponsor shall be ineligible for a subsequent 8rant or
loan by the State unless, prior to such subsequent approval of a grant or loan,
Sponsor has complied with the requirements of this subparagraph, and
following completion of the project where airport lighting is part of a project, the
Sponsor shall operate such lighting at least at Iow Intensay from sunset to sunnse,
and
k
insofar as it is reasonable and witlun its power, Sponsor shall adopt and enforce
zomng regulations to restrict the height of structures and use of land adjacent to or
Page 4 of 12
AV144301 DOC 0/2000)
2
3
4
in the immediate v~clmty of, the airport to heights and activities compatible with
normal airport operations as provided in Tex Loc Oovt Code Ann Sections
241 001 et seq (Vernon and Vernon Supp ) Sponsor shall also acquire and retain
avigation easements or other property interests in or rights to use of land or
airspace, unless sponsor can show that acquisition and retention of such interest
will be impractical or will result in undue hardship to Sponsor Sponsor shall be
ineligible for a subsequent grant or loan by the State unless Sponsor has, prior to
such subsequent approval of a grant or loan, adopted and passed an airport hazard
zoning ordinance or order approved by the State
The Sponsor, to the extent of its legal authority to do so, shall save harmless the State, the
State's agents, employees or contractors from all clmms and hahihty due to activities of the
Sponsor, the Sponsor's agents or employees performed under this agreement The
Sponsor, to the extent of its legal anthonty 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 nught be incurred by the State in litigation or otherwise resisting said claim or
habllmes which might be imposed on the State as the result of such actiwties by the
Sponsor, the Sponsor's agents or employees
The Sponsor's acceptance of this Offer and ratification and adoption of this Grant
incorporated herein shall be ewdenced by execution of this instrument by the Sponsor, as
hereinafter provided, and said Grant shall comprise a contract, constituting the obligations
and rights of the State of Texas and the Sponsor with respect to the accomplishment of
the project and the operation and maintenance of the airport
If'it becomes unreasonable or impractical to complete the project, the State may void this
agreement and release the Sponsor from any further obligation of project costs
Upon entering into this Grant, Sponsor hereby agrees to name an individual, as the
Sponsor's Authorized Representative, who shall be the State's contact w~th regard to this
project, and which individual shall have the authority to make approvals and disapproval's,
and coordinate schedule for work items as required on behalf,of the Sponsor
Sponsor shall request reimbursement of eligible project costs on forms provided by the
State Reimbursement Request will be subnutted no more than once a month
PART IV - Nom:natlon of the Agent
1 The Sponsor hereby designates the State as the party to receive and disburse all funds
used, or to be used, in payment of the costs of said project, or in reimbursement to either
of the parties hereto for costs incurred
2 The State shall, for all purposes in connection with the project identified above, be the
Page 5 of 12
AW43Ol ~OC 0/2000)
Agent of the Sponsor The Sponsor herewith grants the State a power of attorney to act
as its agent to perform the following servaees
accept, receive, and deposit with the State any and all project funds granted,
allowed, and paid or made available by the Sponsor, the State of Texas, or any
other entity,
b
exercise such supermslon 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 dlrecUon between the State and the Sponsor, and any
servme provider the State shall issue a written order which shall prevail and be
controlhng,
c enter Into contracts as necessary for execution of' scope of services,
d
receive, review, approve and pay invoices and payment requests for services and
materials supphed in accordance with the State approved contracts,
e obtain an audit as may be required by state regulations,
reimburse sponsor for approved contract mmntenance costs no more than once a
month
PART V-Recltals
Tlus Grant IS executed for the sole benefit of the contracting parties and is not Intended or
executed for the direct or incidental benefit of any tlurd party
2
It IS the intent of tbas grant to not supplant local funds normally uUhzed for airport
maintenance, and that any state financial assistance offered under flus grant be in addition
to those local funds normally dedicated for airport maintenance
Th~s Grant is subject to the applicable prowslons of the Transportation Code, Chapters 21
and 22, and the garport Zomng Act, Tex Loc Govt Code Ann Sections 241 001 et seq
(Vernon and Vernon Supp ) Failure to comply with the terms of flus Grant or with the
aforementioned rules and statutes shall be considered a breach of flus contract and will
allow the State to pursue the remedies for breach as stated below
a
Of primary importance to the State ~s compliance with the terms and conditions of
this Grant If, however, aider all reasonable attempts to reqmre compliance have
failed, the State finds that the Sponsor is unwilhng and/or unable to comply with
any of the terms of flus Grant, the State, may pursue any of the following
remedies (1) require a refund of any financial assistance money expended pursuant
Page 6 of 12
AVN4301D(~3(3/2000)
4
5
6
to th~s Grant herein, (2) deny Sponsor's future requests for aid, (3) request the
Attorney General to bring stat seeking reimbursement of any financial assistance
money expended on the project pursuant to flus Grant herein, provsded however,
these remedies shall not hma the State's authority to enforce its rules, regulations
or orders as otherwise prowded by law, (4) declare this Grant null and void, or (5)
any other remedy available at law or sn eqmty
b
Venue for resolutson by a court of competent junsdmtion of any dispute arising
under the terms of th,s Grant, or for enforcement of any of the prov,sions of this
Grant, is spec,fically set by Grant of the pames hereto in Travis County, Texas
The State reserves the right to amend or withdraw this Grant at any time prior to
acceptance by the Sponsor The acceptance period cannot be greater than 30 days after
issuance unless extended by the State
Tlus Grant conststutes the full and total understanding of the part,es concermng their
rights and responssbihttes m regard to this project and shall not be modified, mended,
rescinded or revoked unless such modification, amendment, resc~ssion or revocation is
agreed to by both parses m writing and executed by both parses
All comrmtments by the Sponsor and the State hereunder are subject to constitutional and
statutory hmitattons and restrictions b~ndsng upon the Sponsor and the State 0neludmg
Sections 5 and 7 of Article 11 of the Texas Constitutson, if applicable) and to the
availabtlsty of funds which lawfully may be apphed
AVN4S01 DOC {3/2000)
Page 7 of 12
Part VI - Acceptances
Sponsor
The City of Denton, Texas, does hereby ratify and adopt all statements, representations,
warranUes, covenants and agreements constituting the described project and ~ncorporated
materials referred to ~n the foregoing Grant, and does hereby accept the Offer, and by such
acceptance agrees to all o£the terms and condmons o£the Grant thereof
, ooo
;~i~ess Signature
City Secretary
W~tness T~tle
City of Denton. Texas /
SI~ns°r
Ctt7 Manager
Sponsor Title
Certificate of Attorney
I, ~C'-,..~O t~,~ Y ~'~ , acUng as attorney for
c/'~r,?, a/~ g~:.~r,r~,~z , Texas, do hereby cert&y that I have fully exannned the
foregom$ Grant and the proceedings taken by said Sponsor relating thereto, and find that the
manner of acceptance and execution thereof, of the said Grant by said Sponsor, m m accordance
with the laws of the State of Texas
Dated at ~ervk.~ . Texas, flus. I~ day of ~a,~u'~o~ ,2000
W~tness S~gnature
W~tness T~tle t
Title
AVN4301 DOC (3/2000)
Page 8 of 12
Acceptance of the State
Executed by and approved for the Texas Transportation Commission for the purpose and effect of
acttvatmg and/or carrying out the orders, established policies or work programs and grants
heretofore approved and authorized by the Texas Transportatton Comrmssion
STATE OF TEXAS
TEXAS DEPARTMENT OF TRANSPORTATION
Date
David S Fulton, D~rector
Awat[on D~ws~on
Texas Department of Transportation
AVN4301 DO~ 0/2000)
Page 9 of 12
Attachment A
Scope of Services
TxDOT CSJ No.:M018DNTON
PAVEMENTS
GENERAL MAINTENANCE
' PAVEMENT MARKINGS
GKAD1NG/DKAINAGE
, MISCELLNEOUS -
$39,000 19,500 $19,500
MOWING
Total
$39,000
19,500 $19,S00
Accepted by ~
Notes (explanations of any specifications or variances as needed for above scope ~tems),
TxDOT t° repair a ramp on the south end and east and perpendicular to the runway to correct
base failure.
Page 10 of 12
AVN4301 DOC 0/2000)
CERTIFICATION OF AIRPORT FUND
TxDOT CS~ No MO 18DNTON
The City of Denton does hereby certify that the 1 0 0 0 2 2 0 01 9 Airport Fund
(Name of Fund)
has been established for the C~ty of Denton, and that all fees, charges, teats, and money from any
source derived from a~rport operations will be deposited foi the benefit of the Auport Fund and
will not be d~verted roi other general revenue fund expendm~res or any other special fund of the
City of Denton and that all expenditures flora the Fund will be solely for airport purposes Such
fund may be an account as part of another fund, but must be accounted for ~n such a manner that
all revenues, expenses, retmned earnings, and balances m the account are d~scermble from other
types of moneys ~dentlfied ~n the fund as a whole
The C~ty of Denton, Texas
(Sponsor)
Title Assistant City Manag
- Finance
AVN4301 DO~ 0/2000)
Page 11 of 12
DESIGNATION OF SPONSOR'S AUTHORIZED REPRESENTATIVE
TxDOT CSJ Number M018DNTON
2, Michael W. Jez -, City Manager
0qame) . (~T,tle)
w,th the CltyofDenton herebydes~gnate Mark r~e-son, A:rrport Manager
(Name, T~tle)
as the C,ty of Denton authorized representative, who shall have the authority to make approvals
and d~sapprovals as reqmred on behal£ofthe City of Denton
C~!¥ of Denton, Texas
(Sponsor)
Title city Manager
Date
DESIGNATED REPRESENTATIVE
MmhngAddress 5000 A~.rport Road
Denton, TX 76207
Overnight Madmg Address
Telephone/FaxNumber (940) 349-7702
(940) 349-7289 fax
AVN4301Doco~000)
Page 12 of 12