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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 Page 1 ell2 AVN4301. DOC (9/90) 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 Page 2 of 12 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 Page 3 of 12 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 Page 4 of 12 AVN4301. DOC (9/98) 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 Page 5 of 12 AVN4301.DOC (9/98) 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 Page 6 of 12 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 Page 7 of 12 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 Page 8 of 12 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 Page 9 of 12 AVN4301. DOC (9/98) 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~ Page 10 of 12 ~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) Page 11 of 12 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 Page 12 of 12 AVN4301. DOC (9/98)