HomeMy WebLinkAboutRES 74 411r r �
RE'S'OLUT'ION
WHEREAS, on September 10; 1974, the City -Council of the City of Beaumont
passed a resolution authorizing the City Manager to execute the acceptance of
the Planning Grant Offer to the City of Beaumont by the Federal Aviation Admin-
istration; and,
WHEREAS, on September 24, 1974, said resolution was, amended to indicate
that the City Manager, Kenneth R. Devero, was authorized to execute the accep-
tance of the Planning Grant Offer of Project No. A 48 0240 01, for Contract
No. DOT FA -75 SW -1074, said Planning Grant Agreement Offer dated August 28,
1974; and,
WHEREAS, the City Council of the City of Beaumont at this time desires
to amend said resolutions;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the resolutions dated September 10, 1974 and September 24, 1974, as
described hereinabove, will hereby be amended and the action by the City
Manager, Kenneth R. Devero on September 10, 1974 in executing the Planning
Grant Offer on Project No. A 48 0240 01, for Contract No. DOT FA -75 SW -1074,
which is attached as Exhibit A and made part hereof as if copied verbatim
herein; said Planning Grant Offer dated August 28, 1974 is hereby ratified,
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to,
affix the official Seal of the City of Beaumont to said Planning Grant Agree-
ment.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the % "2-62K day
of..... 1974.
- .ayor -
T1E.YH1B -A11
TYPE OF PLANNING GRANT:
RAIRPORT MASTER PLANNING FOR
Beaumont Municipal Air ort
Beaumont, Texas
AIRPORT SYSTEM PLANNING FOR
•
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
PLANNING GRANT AGREEMENT
PART I — OFFER
TO: City of Beaumont, Texas
�4:
PAGE 1 OF 6 PAGES "
DATE OF OFFER August 28, 1974
PROJECT NO.
A 48
0240
01
CONTRACT NO.
DOT
FA -75
SW -1074
(herein referred to as the "Sponsor")
FROM: The, United States' of America (acting through the Federal Aviation Administration, herein referred • to as the
"FAA").
WHEREAS, the Sponsor has submitted to the FAA, an Airport Master Planning Grant Application
(Alaster or System)
dated , ' June 20, 19 74 (herein called the "Planning Application"), for a grant of funds
for a project for the development'for planning purposes of information and guidance to determine the extent, type, and
nature of development needed for Beaumont Municipal Airport, Beaumont, Texas.
(airport area name and/or location)
(herein called the airport ), which Planning Application as
(airport or area)
approved by the FAA is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project .
for the development of plans for the airport (herein called the'"Planning Project") consisting
(airport or area)
,of the following approved airport master planning:
(master or system)
Develop a Master Plan for the existing Municipal Airport. The Master.Plan':will '
include all phases except --#2, Site Selection. Primary emphasis will be directed
to the following tasks: facility requirement's, preliminary environmental •.
assessment report, airport layout plan, land use plan, -terminal area plan,".'',
financial plans, schedules of development, and zoning map,
all as more particularly described in the Description of Work Program incorporated in -the said Planning Application;
FAA Form 5900-1 PG 1 (1-71)
~ .r -7q-
1 PAGE 2 OF—6 PAGES
. NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Development
Act of 1970, as amended, and in consideration of (a) the Sponsor's adoption and ratification of the representations and
assurances -'contained in said Planning Application, and its acceptance of this Offer, as hereinafter provided, and (b) the
benefits to accrue to the United States and the public from the accomplishment of the airport master
(master or system)
planning included in the Planning Application, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF
OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share 66-2/3
percent of the allowable costs incurred in accomplishing the Planning Project, subject to the following terms and conditions:
1. The maximum obligation of the United States payable under this Offer shall be $ 16,394
2. The FAA, for and on behalf of the United States, may by written notice terminate or suspend this grant in whole
or in part, or withhold payment, in the event that it finds that the Sponsor has:
a. Failed to comply with Federal law or with any of the terms and conditions contained in this Planning
Grant Agreement;
b. Failed to carry out the Planning Project as approved;
c.. Made unauthorized or improper use of grant funds;
d. Submitted any application, report, or other document which contains a misrepresentation of a material
nature or is incorrect or incomplete in any material respect; or,
e. If for any reason continuation of the approved Planning Project is rendered impossible, ineligible, or illegal.
The Sponsor shall take such action relative to termination or suspension as may be required by the FAA in the
notice of termination or suspension. In such case termination or suspension shall not affect any otherwise valid
and allowable obligations made in good faith prior to receipt of notice of termination or suspension. .
3. The Sponsor shall:
a. Begin accomplishment of the Planning Project within -30 days after acceptance of this Offer,
with failure to do so constituting just cause for termination of the obligations of the United States here-
under by the FAA;
b. Carry; out and complete the Planning Project without undue delay and in accordance with the terms
hereof, the Airport and Airway Development Act of 1970, and Sections152.121-152.143 of the
" Regulations of the Federal Aviation Administration ( 14 CFR 152 ) in effect as of the date of
acceptance of this Offer; which Regulations are hereinafter referred to as the "Regulations
c. Carry out and complete all planning work.in accordance with the Description of Work Program, incorpo-
rated herein, or as it may be revised or modified with the approval of the FAA and in accordance with
design standards and planning criteria established by the FAA;
PAGE 3 OF 6 PAGES
4. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consid-
eration as to allowability under Section 152.137 of the Regulations.
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6.: The FAA reserves the right to amend or withdraw this Offer at any time prior to its acceptance by theponsor.
7. This Offer shall expire and the United States shall not be obligated to pay any part of the costs of the Planning,
Project unless this Offer has been accepted by the Sponsor on or before September 28, 1974
or such subsequent date as may be prescribed in writing by the FAA.
8.. All financial records pertaining to the Planning Project shall be made available to authorized representatives of the
FAA and the Comptroller General of the United States in conformity to Section 152.143 of the Regulations.
9. , The Sponsor will, at such times and in such manner as the FAA may require, furnish FAA with periodic reports
AM, statements pertaining to the Planning Project and planning work activities and other related matters covered
hereunder.
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11. The. FAA reserves the right to disapprove the Sponsor's employment of specific consultants and'their subco,i-
tractors to' do all or any part of the Planning Project and further reserves the right to disapprove the proposed
scope and cost of the professional services.
12. .The FAA reserves the right to disapprove the use of professional level employees of the Sponsor when such em-
ployees are designated by the Sponsor to do all or part of the Planning Project.
13.. All published material such as reports, maps, and other documents prepared in connection with the Planning
Project and planning work activities shall contain a standard notice that the material was prepared under an Airport
Master Planning Grant provided by FAA. The Sponsor shall make these documents available
(Master or System)
for. examination by the public.
In addition, no material prepared,in connection with the Planning Project and planning work activities shall be
,subject to copyright in the United States or in any other country. The FAA shall have unrestricted authority'td.
publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data, or other materials prepared
with Airport Planning Grant funds.
14. The, Sponsor agrees to conduct the Planning Project in compliance with all the requirements imposed by or pur-
suant- to Title VI of the Civil Rights Act of 1964 and by Part 21 of the Regulations of the' Office of the Secretary
of Transportation, as amended.
FAA Form 5900-1 PG 3 `(1-71)
AGE 4 OF 6 PAGES
15.:, The Sponsor agrees that neither the approval of the Planning Application nor the tender of this Offer nor the .
approval of the final airport master planning report constitutes an assurance or commitment,
(master or system)
express or implied, by the FAA, that any airport development or unit thereof shown in the planning developed as
part of this Planning Application will be approved for inclusion in any pending or future Airport and Airway
development Program under the Airport and Airway Development Act of 1970.
`16. Paymeh 'of the United'States share of the allowable project costs will be
made pursuant,t:o and in accordance with the provisions of Part 152 of the
:,.....Federal Aviation Regulations. Final determination as to the allowability
of the costs of the project will be made after final audit.
17. It is,understood and agreed that the Sponsor shall comply with the revised
administration requirements to FAR Part 152, as set forth in the May 31,
1974, issue of the Federal Register, Volume 39, No. 106. It is further
agreed that the Sponsor shall comply with the assurances contained in -
FAA Forms 5100=101.
18..In addition to the ASDS method of developing sound contours, the CNR
method must also be used..
PAGE 5 OF 6 PAGES
The Sponsor's acceptance of this Offer and ratification and adoption of.the Planning Application incorporated
herein shall be'evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and said Offer
and Acceptance shall comprise an Airport- Master Planning Grant Agreement, as provided by
(Master or System)
' the Airport and Airway Development Act of 1970, constituting the obligations and rights of the United States
and the Sponsor with respect to the accomplishment of the Planning Project. Such Airport Master
(Master or System)
Planning Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
BY
(Title)
Chief, Houston Airports District Office
PART 11 — ACCEPTANCE
The City of Beaumont. Texas
(herein referred to as the "Sponsor") does hereby ratify and adopt
all statements, representations, warranties, covenants, and agreements contained in the Airport Master
(Master or System)
Planning Grant Application and incorporated materials referred to in the foregoing Offer and does hereby accept said Offer
and by such acceptance agrees to all of the terms and conditions thereof.
. S�p�E'yn�Pr,,.
Executed in its name by its-un-derofficer signed ocer on this / day of19 .74
_
in Beaumont' \� . County of Jefferson
State of Texas'
CitY of Beaumoait - Texas
(SEAQ),, (LE AL U SPON50 'r 569-90f
�. - ..By
\ \ ( IGNATURE OF AUTHORIZED OFFICER)
Attest: \
(TITLE OF AUTHORIZED OFFICER)
Title:
Executed in its name by its undersigned officer on this day of 19
in , County of
State of
Attest-,
Title:
FAA Form 5900-1 PG 5 (1-71)
(LEGAL NAME OF COSPONSOR)
BY
(SIGNATURE OF AUTHORIZED OFFICER)
(TITLE OF AUTHORIZED OFFICER)
i
Executed in its name by its undersigned officer on this day of.
in , County of
State of
Attest
Title:.
(SEAL)
BY
D
-7 �L- �Li i
PAGE 6 OF 6 PAGES.
,19
(LEGAL NAME OF COSPONSOR)
(SIGNATURE OF AUTHORIZED OFFICER)
(TITLE OF AUTHORIZED OFFICER),
CERTIFICATE 'OF SPONSOR'S ATTORNEY
acting as Attorneyfor Cite of Beaumont Texas
(herein referred to as the "Sponsor") do
hereby certify:
That I have examined the foregoing airport Master Planning Grant Agreement and the .
(Master or System)
proceedings taken by said Sponsor relating thereto, and find that the Acceptance thereof 'b.y,'said -Sponsor has been duly
authorized and that the execution thereof is in all respects due and proper and in accordance with the laws 'of the State(s)
of I Texas
said airport Master and further that, in my opinion,
(Master or System) Planning Grant Agreement
constitutes a'legal and binding obligation of the Sponsor in accordance with the terms thereof.
Dated at VM 0` X#jthis
—, lay •f 19 4
(Signature) .
(Title) .
FAA Form 5900-1 PG 6 (1-71)