1999-122 ORDINANCE NO ~ (~- / ~ _~
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO
EXECUTE ON BEHALF OF THE CITY OF DENTON AN ACCEPTANCE OF AN OFFER
FROM THE TEXAS DEPARTMENT OF TRANSPORTATION RELATING TO A GRANT
FOR ROUTINE AIRPORT MAINTENANCE PROGRAM, AND DECLARING AN
EFFECTIVE DATE (TxDOT Project No RAMP9DNTON, AND TxDOT CSJ No
M918DNTON)
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the City Manager of the City of Denton is hereby authorized to execute
on behalf of the C~ty of Denton an acceptance of an offer from the Texas Department of
Transportatmn relating to a grant for routine mrport maintenance program, a copy of such grant
being attached hereto and made a part hereof for all purposes
SECTION II That flus ordinance shall become effective ~mmedmtely upon ~ts passage and
approval
PASSED AND APPROVED ttns the Gq''' dayof ~.~J ,1999
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
TEXAS DEPARTMENT OF TRANSPORTATION
GRANT FOR ROUTINE AIRPORT MAINTENANCE PROGRAM
(State Assisted Airport Routine Maintenance)
TxDOT PROJECT No.: AM RAMP9DNTON
TxDOT CSJ No.: MgI8DNTON
Part I - Identification of the ProJect
TO The City of Denton, Texas
FROM The State of Texas, acting through the Texas Department of Transportation
Tlus 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 of City of Denton, Texas, (hereinafter referred to as the "Sponsor")
WITNESSETH
WHEREAS, me Sponsor desires to sponsor a project for the routine mmntenance of a
public aviation facility, known or to be designated as the AIRPORT under the Transportation
Code, Chapter 22, and ~
WHEREAS, the project is described as airport maintenance at the Denton Mumclpal
Pdrport, and
WHEREAS, the Sponsor hereby applies f~l' a grant for financial assistance, and
WHEREAS, the parties hereto, by tlus Grant, do hereby fix their respective
responsibilities with reference to each other and with reference to the accomplishment of smd
project
NOW, THEREFORE, for and in consideration of the benefits wluch will accrue to the
parties hereto by virtue of the completion of the project, IT IS MUTUALLY COVENANTED
AND AGREED as follows
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Part H - Offer of Financnal Assistance
1 For the purposes of tlus Grant, the annual routine mmntenance project cost, Amount A, is
estimated as found on Attachment A, Scope of Servnces, and as found on amendments
thereto, all being attached hereto and made a part of this Grant
State financml assnstance granted herenn will be used solely and exdusnvely for airport
maintenance and other mcidental items as approved by the State Actual work to be
performed under flus agreement ns found on Attachment A, Scope of Serwces State
financial asmstance, Amount B, will be for fifty percent (50%) of the ehg~ble proJect costs
for this project or $20,000 00, which ever is less, per fiscal year and subject to availabflnty
of state appropriations
The Sponsor may request the State to provnde mowing servnces, such services to be
provnded at the discretion of the State However, mowing services will not be elnglble for
state financial assnstance Sponsor will be responsible for 100% of costs of any mowing
services
Scope of Servnces, Attachment A, oftlus Grant, may be amended, subject to availabflnty of
state funds, to include addmonal approved airport maintenance work Scope amendments
require submittal of an Amended Scope of Services, Attachment A Services will not be
accomplished by the State until receipt of Sponsor's share of project costs
2 The State shall determine fair and ehglble project costs for work scope Sponsor's share of
estnnated project costs, Amount C, shall be as found on Attachment A and any
amendments thereto
It is mutually understood and agreed that fi, dunng the term of th~s agreement, the State
determines that there is an overrun nn the estimated annual routine maintenance costs, the
State may nncrease the grant to cover the amount of overrun wnthm the aforesaid
percentages and subject to the maramum amount of state funding as found m Part II, Item
1, above
The State will not authorize expendntures m excess of the dollar amounts ldentnfied m this
Agreement and any amendments hereto, without the consent of the Sponsor
3 Sponsor, by accepting this Grant certifies and, upon request, shall furnish proof to the
State that nt has sufficient funds to meet nts 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 sand funds In addmon, the Sponsor shall disclose the source of all funds for the
project and nts ability to finance the project
Upon execution of this Agreement and written demand by the State, the Sponsor's
financml obhgatnon (Amount C) shall be due nn cash and payable in full to the State State
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AVN4301. DOC (9/98)
may request the Sponsor's financial obligation in partial payments Should the Sponsor fail
to pay said obligation, either m whole or m part, wltinn 30 days of wnttan demand, the
State may exercise its rights under Paragraph V-3 hereof Likewise, should the State be
unwdhng or unable to pay its obligation m a timely manner, the fmlure to pay shall be
considered a breach and the Sponsor may exercise any rights and remedies It has at law or
eqmty
Tho State shall reimburse or credit the Sponsor, at the financial closure of the project, any
excess funds provided by the Sponsor winch exceed Sponsor's share (Amount C)
4 The Sponsor specifically agrees that it shall pay any project costs winch exceed the
amount of financial parhclpatlon 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 winch are m excess of the percentage of financial assistance (Amount B) as
heretofore stated m Paragraph II-1
5 Scope of Services may be accomplished by State contracts or through local contracts of
the Sponsor as dcterrmned 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 subrmtted on forms provided by the State and payment shall be made for no more
than 50% of allowable charges, less 10% retamage R. et~unage wdl be released upon final
acceptance by the State
The State will not participate m funding for force account work conducted by the
Sponsor
6 Tins G-rant shall tern~nate upon completion of the scope of services The term of tins
grant may be extended by the execution of an Amendment to the Agreement
Part m- Sponsor Responsibilities
1 In accepting tins Grant, the Sponsor guarantees that
a it wdl, in the operation of the facility, comply vath all applicable state and federal
laws, rules, regulations, procedures, covenants and assurances required by the
State in connection with tlus Grant, and
b the Aarport or navigational facdlty winch is the subject of tins Grant shall be
controlled for a period of at least 20 years, and
c consistent with safety and security requirements, it shall make the a~rport or a~r
navigational facility avmlable to all types, kinds and classes of aeronautical use
without discrimination between such types, kinds and classes and shall provide
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AVN4301. DOC (9/98)
adequate public access dunng the period of tins Grant, and
d it shall not grant or pemut 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 hm~ted to scheduled a~rlme fl~ghts, charter fl~ghts, fl~ght
instruction, turcraft sales, rental and repair, sale of aviation petroleum products and
aerial applications The landing area consists of runways or landing strips,
tamways, parking aprons, roads, airport hghtmg and navigational rods, and
e it shall not enter into any agreement nor permit any mrcraft to gain d~rect ground
access to the sponsor's airport from private property adjacent to or m the
lmmedmte area of the a~rport Further, Sponsor shall not allow mrcraft direct
ground access to private property Sponsor shall be subject to tins proinbmon,
commonly known as a "through-the-fence operation," unless an exception is
granted tn writing by the State due to extreme c~rcumstanees, and
f ~t shall not permit non-aeronautical use of mrport facflmes w~thout prior approval
of the State, and
g the Sponsor shall submit to the State annual statements of airport revenues and
expenses when requested, and
h all fees collected for the use of the mrport shall be reasonable and
nondlscnmmatory The proceeds from such fees shall be used solely for the
development, operation and mmntenance of the airport or navigat~onal facthty, and
an jarport 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 subnutted to the State Such fund may be an account as part
of another fund, but must be accounted for ~n such a manner that all revenues,
expenses, retained earmngs, and balances m the account are discermble from other
types of moneys identified tn the fund as a whole All fees, charges, rents, and
money from any source derived from airport operations must be deposited tn said
jarport Fund and shall not be diverted to the general revenue fund or any other
revenue fund of the Sponsor All expenditures from the Jarl>on Fund shall be
solely for airport purposes Sponsor shall be mehg~ble for a subsequent grant or
loan by the State unless, prior to such subsequent approval of a grant or loan,
Sponsor has complied with the reqmrements of tins subparagraph, and
following completion of the project where a~rport lighting ns part of a project, the
Sponsor shall operate such hghtmg at least at low ~ntens~ty from sunset to sunnse,
and
k insofar as it Is reasonable and within its power, Sponsor shall adopt and enforce
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zomng regulations to restrict the height of structures and use of land adjacent to or
m the immediate wcmity of the mrport to heights and act~vities compatible w~th
normal mrport operations as provided in Tex Loc Oovt Code Ann §§ 241 001
et seq (Vernon and Vernon Supp ) Sponsor shall also acquire and retmn
avigatlon easements or other property interests In or rights to use of land or
mrspace, unless sponsor can show that acqmsltion and retention of such interest
will be impractical or roll result m undue hardship to Sponsor Sponsor shall be
lnehgible 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 an'port hazard
zomng ordinance or order approved by the State
2 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 claims and habdity due to activities of the
Sponsor, the Sponsor's agents or employees performed under tlus 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
wluch might be incurred by the State m litigation or otherwise remstmg smd clmm or
habdit~es wluch might be lmpoqed on the State as the result of such activities by the
Sponsor, the Sponsor's agents or employees
3 The Sponsor's acceptance of th~s Offer and ratification and adoption of thru Grant
incorporated herein shall be evidenced by execution of tlus instrument by the Sponsor, as
hereinafter provided, and said Grant shall comprise a contract, constituting the obhgat~ons
and rights of the State of Texas and the Sponsor with respect to the accomphshmant of
the project and the operation and maintenance of the airport
If tt becomes unreasonable or Impractical to complete the project, the State may void tlus
agreement and release the Sponsor from any further obligation of project costs
4 Upon entenng 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 tlus
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
5 Sponsor shall request reimbursement of eligible project costs on forms provided by the
State Reimbursement Request will be submitted no more than once a month
PART IV - Nomination 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
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2 The State shall, for all purposes m connection with the project ~dentlfied above, be the
Agent of the Sponsor The Sponsor herewith grants the State a power of attorney to act
as its agent to perform the following services
a accept, receive, and deposit with the State any and all project funds granted,
allowed, and pa~d or made available by the Sponsor, the State of Texas, or any
other entity,
b exercise such supervision and direction of the project work as the State reasonably
finds appropriate Where there is an irreconcilable conflict or difference of
opimon, judgment, order or direction between the State and the Sponsor, and any
service provider the State shall ~ssue a written order wluch shall prevail and be
controlling,
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 supplied in accordance with the State approved contracts,
e obtmn an audit as may be required by state regulations,
f reimburse sponsor for approved contract mmntenance costs no more than once a
month
PART V - Recitals
1 Tlus Grant is executed for the sole benefit of the contracting pames and is not intended or
executed for the direct or me, dental benefit of any tturd party
2 It ~s the intent of this grant to not supplant local funds normally utilized for mrport
mamtenance, and that any state financial assistance offered under flus grant be in addition
to those local funds normally dedicated for airport maintenance
3 This Grant is subject to the applicable provisions of the Transportation Code, Chapters 21
and 22, and the garport Zomng Act, Tex Loc Govt Code Ann §§ 241 001 et seq
(Vernon and Vernon Supp ) Fmlure 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 ~mportance to the State is compliance w~th the terms and conditions of
fins Grant If, however, a~er all reasonable attempts to require compliance have
failed, the State finds that the Sponsor is unwilling and/or unable to comply w~th
any of the terms of this Grant, the State, may pursue any of the following
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AVN4301. DOC (9/98)
remedies (1) require a refund of any financial assistance money expended pursuant
to tl~s Grant herein, (2) deny Sponsor's future requests for md, (3) request the
Attorney General to bnng suit seekang reimbursement of any financial asststance
money expended on the project pursuant to tlus Grant herein, provtded however,
these remedies shall not hnut the State's anthonty to enforce its rules, regulations
or orders as otherwise provided by law, (4) declare thru Grant null and void, or ($)
any other remedy avadable at law or tn eqmty
b Venue for resolution by a court of competent junsdtctton of any dmpute ansmg
under the terms of thts Grant, or for enforcement of any of the prowsmns of thru
Grant, Is spectficall~ set by Grant of the parttes hereto tn Trav~s County, Texas
4 The State reserves the right to amend or wahdraw thts Grant at any t~me prior to
acceptance by the Sponsor The acceptance period cannot be greater than 30 days aider
tssuance unless extended by the State
5 Tlus Grant constitutes the full and total understanding of the part~es concermn8 thetr
rights and responstbdmes In regard to ttus project and shall not be modtfied, amended,
rescinded or revoked unless such modtficatton, amendment, resclsston or revocatton ~s
agreed to by both parties in writing and executed by both parties
6 All comrmtmeuts by the Sponsor and the State hereunder are subject to constitutional and
statutory hmttations and restrictions binding upon the Sponsor and the State 0ncludmg
Secttons 5 and 7 of Article 11 of the Texas Constitutton, ff applicable) and to the
avadabthty of funds wtuch lawfully may be apphed
7 Tlus grant ts subject to approval as to form by the Attorney General of the State of Texas
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AVN4301. DOC (9/98)
Part VI - Acceptances
Sponsor
The C~ty of Denton, Texas, does hereby ratify and adopt all statements, representations,
warranties, covenants and agreements constituting the described project and incorporated
materials referred to m the foregmng Grant, and does hereby accept the Offer, and by such
acceptance agrees to all of the terms and condiuons of the Grant thereof
Executedthls ~hb~ dayof ~ , 196~
C~ty of Denton, Texas
Sponsor
U"~,tne~S_,g~tyre~_ ......
W~t~s T~le - ~ Sponsor~tle
Certfficate of Attorney
I, Ml. chael A. Bucek , acting as attorney for
the Cxty of Denton , rexas, do hereby certify that I have fully exanuned the
foregoing Grant and the proceedings taken by satd Sponsor relating thereto, and find that the
manner of acceptance and execution thereof, of the said Grant by said Sponsor, is m accordance
w~th the laws of the State of Texaq
Dated at Denton __, Texas, th~s_4th day of May ,19~9
/-~V~t~s~ g~gna~ Attorney's S~gnature
Admlnxstrat~ve Secretary F~rst &sst. C~ty Attorney
Witness Tttle Title
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AVN4301, DOC (9/98)
Attorney General's Approval
Tins contract m approved as to form
Attorney General of Texas
Ass~sta~o the Attorney General
Acceptance of the State
STATE OF TEXAS
ARTMENT OF TRANSPORTATION
Dawd S Fulton, D~rector
Awahon D~ws~on
Texas Department of Transportation
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Attachment A
Scope of Services
TxDOT CSJ No.:M918DNTON
PAVEMENTS i $20,000.00 ~ $10,000.00 ~ $10,000.00
PAVEMENT MARKINGS
GRADING/DRAINAGE
~VHSCELLNEOUS -
MOWING
Total $20,000 O0 ~ $10,000.00 ' $10,000.00
Accepted by ¢~g¥ of Denton. Texas
/
Notes (~p~uons of~y sp~fic~uo~ or v~ances ~s need~ ~or above ~pe
O~Y olD.ton to ~rocure settees for slur~ sefl o~ apron wea - state ~11 re~mbur~ 50%
a~fl costs. Cu~entlv esU~ate~ cost ~s $15.000.
I~add~tt~n~l mmnt~nee wo[k IS found to be needed dunng state fisefl y~ 1999. an amendment
to t~s a~hm~nt ~11 be offered to the C~ty of Denton up to the $20.000 ~mum state
6nangl~
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~v~43ol.ooc (9/9a)
CERTIFICATION OF AIRPORT FUND
TxDOT CSJNo Mgl gDNTON
The Ctty ofDenton does hereby certlfy that the !00 0Z.'c o0~C{ A~rportFund
(Name of Fund)
has been estabhshed for the City of Denton, and that all fees, charges, rents, and money from any
source derived from mrport operations will be depostted for the benefit of the A~rport Fund and
will not be d~verted for other general revenue fund expenditures or any other special fund of the
City of Denton and that all expendttures from the Fund will be solely for mrport purposes Such
fund may be an account as part of another fund, but must be accounted for m such a manner that
all revenues, expenses, retmned earnings, and balances m the account are d~scermble from other
types of moneys ~dentlfied m the fund as a whole
The Cl~~, Texas, has caused th~s to be duly executed ~n ~ts name, th, s /~'C~day of
The C~ty 9fDenton. Texas
(Sponsor)
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AVN4301. DOC (9/98)
DESIGNATION OF SPONSOR'S AUTHORIZED REPRESENTATIVE
TxDOT CSJNumber M918DNTON
(Name) (T~tle)
w~th the C~ty of Denton hereby designate
(Name, T~tle)
as the Cxty of Denton authorized representatwe, who shall have the authority to make approvals
and disapprovals as required on behalf&the C~ty of Denton
City &Denton, Texas
(Sponsor)
DESIGNATED REPRESENTATIVE
Mmhng Address
Telephone/Fax Number
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