~~-` the proposal of the City of Kerrville to furnish a replacement for the 1957 pickup truck presently being used by the City-County Sanitarian in the course of his official duties, the said proposal being to furnish a later model pickup truck owned by the City of Kerrville at no cost to Kerr County, provided that Kerr County pay one-half of the costa of mainten- ance of said replacement vehicle; and It appearing to the Court that said proposal would be advantageous to Kerr County, it is ordered on motion by Commissioner Schwethelm, seconded by Commissioner Stone and unanimously approved by the Court that Kerr County accept the aforesaid proposal; and It is further ordered that in consideration for the offer made, Kerr County hereby relinquishes to the City of Kerrville all right, title and interest to that certain 1957 Chevrolet pickup originally purchased jointly by the City and the County for use by the City-County Sanitarian. o-o-o-o-o-o-o-o-o-o COURT ADJOURNED October 2, 1967 at 9:30 o'clock A.M. o-o-o-o-o-o-o-o-o-o COURT RECONVENED October 2, 1967 at 10:00 o'clock AM with the following officers present: Julius R. Neunhoffer Clinton D. Burney Roger Stone County Judge Commissioner Precinct 2 Commissioner Precinct 4 and the Court having duly opened, the following proceedings were had: N0. 10572 ******* RESOLUTION ******* ACCEPTING GRANT OFFER AND APPROVING AND ENTERING INTO GRANT AGREEMENT AND AUTHORIZING COUNTY JUDGE TO EXECUTE SAME BE IT RESOLVED by the Commissioners Court of the County of Kerr, State of Texas: SECTION 1. That the Commissioners Court of Kerr County, Texas, shall and does hereby accept a Grant Offer of Federal Funds as made by the Area Manager, Houston Area, Federal Aviation Administration, under date of September 29, 1967, for the purposes therein set .-., out; that the said Commissioners Court of Kerr County hereby accepts all the terms, condi- tions, and obligations therein and thereby imposed and by its acceptance of same does here- by ratify the Project Application and does hereby acknowledge said instruments as constitut- ing a solemn and binding agreement with the United States Government, for the purposes of obtaining Federal Aid in the development of the Louis Schreiner Field Airport, and that a copy of such agreement is annexed as Exhibit "A" hereto and made part hereof as if set forth at length herein. SECTION 2. That the County Judge of Kerr County is hereby authorized and directed to evidence the County's agreement by affixing his signature to such agreement, which is here- by executed in quintuplicate, and the County Clerk of Kerr County is hereby authorized and directed to impress the official seal of the Commissioners' Court of Kerr County, Texas, thereon and to attest said execution. PASSED AND APPROVED by a majority vote of the Commissioners Court of Kerr County, Texas, and approved this 2nd day of October, 1967. r' /s/ Julius R. Neunhoffer COUNTY JUDGE, KERR COUNTY, TEXAS ATTEST: /s/ Emmie M. Muenker (Seal) County Clerk and Ex-Officio Clerk of the Commissioners Court of Kerr County, Texas c~~~ CERTIFICATE I, Emmie M. Muenker, the duly qualified and acting Clerk of the County Court and Ex-Officio Clerk of the Commissioners Court of Kerr County, Texas, do hereby certify that the foregoing is a true and correct copy of the original minutes of the special meeting of the Commissioners Court of Kerr County, Texas, held on October 2, 1967, on file and of record insofar as said original minutes relate to the matters set forth in the foregoing extract, and I do further certify that a copy of the Resolution appearing in said extract is a true and correct copy of such resolution adopted at said meeting and on file and of record in my office. IN TESTIMONY WHEREOF, I have hereunto set my hand and the seal of said Commissioners Court of Kerr County, Texas, this 2nd day of October, 1967. (Seal) /s/ Emmie M. Muenker County Clerk and Ex-Officio Clerk of the Commissioners Court of Kerr County, Texas EXHIBIT "A" Page 1 of 7 pages DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION GRANT AGREEMENT Part 1 - Offer Date of Offer Louis Schreiner Field Airport Project No. 9-41-206-C801 Contract No. FA 68 SW 5000 T0: The City of Kerrville, Texas and The County of Kerr, Texas (herein referred to as the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Agency, herein referred to as the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated July 5, 1967, for a grant of Federal funds for a project for development of the Louis Schreiner Field Airport (herein called the "Airport"), together with plans and specifications for such project, which Project Application, as approved by the FAA is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for development of the Airport (herein called the "Project") consisting of the following-described airport development; Acquire land - clear zones (Avigation easements in and to Areas 1, 2, 3, and 4, as shown on Map Exhibit "A", or other property interests satisfactory to the Administrator); construct taxiways (40' wide) to serve Northwest/Southeast and Northeast/Southwest runways. all as more particularly described in the property map and plans and specifications incorporated in the said Project Application; PAGE 1 Page 2 of 7 pages NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Federal Airport Act, as amended (49 U.S.C. 1101), and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project 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 Project and the operation and maintenance of the Airport as herein provided, THE FEDERAL P/`IP AVIATION AGENCY, FOR AND ON BEHAL as the United States share of the fifty per centum of all allowable This Offer is made on and subject 1. The maximum obligation of the 2. The Sponsor shall: F OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, allowable costs incurred in accomplishing the Project, project costs. to the following terms and conditions: United States payable under this Offer shall be $52,990.00 (a) begin accomplishment of the Project within ninety (90) days after acceptance of this Offer or such longer time as may be prescribed by the FAA, with failure to do so constituting just cause for termination of the obligations of the United States hereunder by the FAA; (b) carry out and complete the Project without undue delay and in accordance with the terms hereof, the Federal Airport Act, and Sections 151.45-151.55 of the Regulations of the Federal Aviation Agency (14 CFR 151) in effect as of the date of acceptance of this Offer; which Regulations are hereinafter referred to as the "Regulations"; (e) carry out and complete the Project in accordance with the plans and specifica- tions and property map, incorporated herein, as they may be revised or modified with the approval of the FAA. 3. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under Section 151.41 (b) of the Regulations. 4. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of Sections 151.57 - 151.63 of the Regulations. Final determination as to the allowability of the costs of the project will be made at the time of the final grant payment pursuant to Section 151.63 of the Regula- tions: Provided, that, in the event a semi-final grant payment is made pursuant to Section 151.63 of the Regulations, final determination as to the allowability of those costs to which such semi-final payment relates will be made at the time of such semi-final payment. PAGE 2 Page 3 of 7 pages 5, The Sponsor shall operate and maintain the Airport as provided in the Project Applica- tion incorporated herein and specifically covenants and agrees, in accordance with its Assurance 4 in Part III of said Project Application, that in its operation and the opera- tion of all facilities thereof, neither it nor any person or organization occupying space or facilities thereon will discriminate against any person or class of persons by reason of race, color, creed, or national origin in the use of any of the facilities provided for the public on the airport. 6. The FAA reserves the right to amend or withdraw this Offer at any time prior to its acceptance by the Sponsor. 7. This Offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this Offer has been accepted by the Sponsor on or before or such subsequent date as may be prescribed in writing by the FAA. 8. In addition the Sponsor shall: (a) Incorporate or cause to be incorporated in each contract for construction work under the project, or any modification thereof, the equal opportunity clause as set forth in Section 202 of Executive Order No. 11246 of September 24, 1965, or such modification thereof as may be approved by the Secretary of Labor. ~~ ~ (b) Incorporate or cause to be incorporated in each bid or proposal form submitted by prospective contractors for construction work under the project the provisions prescribed by Section 151.54(d) (1), Part 151, Federal Aviation Regulations. (c) Be bound by said equal opportunity clause in any construction work under the project which it performs itself other than through its own permanent work force directly employed or through the permanent work force directly employed by another agency of govern- ment. (d) Cooperate actively with the FAA and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor. (e) Furnish the FAA and the Secretary of Labor such information as they may require for the supervision of such compliance and will otherwise assist the FAA in the discharge of its primary responsibility for securing compliance. (f) Refrain from entering into any contract or contract modification subject to Executive Order No. 11246 with a contractor debarred from, or who has not demonstrated eligibility for, government contracts and Federally assisted construction contracts pursuant to Part II, Subpart D of Executive Order No. 11246. Page 3 Page 4 of 7 pages (g) Carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the FAA and the Secretary of Labor pursuant to Part II, Subpart D of Executive Order No. 11246; and in the event that the sponsor fails or refuses to comply with its undertakings, the FAA may cancel, terminate or suspend in whole or in part any contractual arrangement it may have with the sponsor, may refrain from extending any further assistance under any of its programs subject to Executive Order 11246 until satisfactory assurance of future compliance has been received from such applicant, or may refer the case to the Department of Justice for appropriate legal proceedings. In the event that the Sponsor fails or refuses to comply with its undertakings, the FAA may cancel, terminate or suspend in whole or in part any contractual arrangements it may have with the sponsor, may refrain from extending any further assistance under any of its programs subject to Executive Order 11114 until satisfactory assurance of future compliance has been received from such applicant, or may refer the case to the Department of Justice for appropriate legal proceedings. 9. (a) The Sponsor's financial records of the project established, maintained and made available to personnel of the FAA in conformity to Section 151.55 of the Regulations of the Federal Aviation Agency (14 CFR 151) will also be available to representatives of the Comptroller General of the United States. (b) It is understood and agreed that the phrase "Section 77.23 as applied to Section 77.27, Part 77 of the Federal Aviation Regulations" is hereby substituted for and in 11eu of the phrase "Section A of FAA Technical Standard Order No. N18, or Advisory Circular (AC) No. 150/5300-1, whichever is applicable according to the currently approved airport layout plan" where it appears in Paragraph 7, Part III of the Project Application incorporated into the Grant Agreement. (c) It is understood and agreed that the Sponsor's assurances of non-discrimination in federally assisted programs of the Federal Aviation Agency, providing the assurances ~~^~ required by Title VI of the Civil Rights Act of 1964 and by Part 15 of the Federal Aviation Regulations as amended, executed for and on behalf of Sponsor by Mayor Gordon H. Monroe and Judge Julius R. Neunhoffer under date of August 14, 1967 are hereby incorporated into this Grant Agreement. Page 4 Page 5 of 7 pages (d) It is understood and agreed that the terms "Administrator of the Federal Aviation Agency" wherever they appear in this Agreement, in the Project Application, plans and specifications or other documents constituting a part of this Agreement shall be deemed to mean the Federal Aviation Administrator or the Federal Aviation Administration as the case may be. (e) It is mutually understood and agreed that the United States will not make final payment of the allowable cost of this project until the Sponsor has submitted satisfactory evidence that the airport imaginary surfaces as defined in Section 77.25 and 77.27, Subpart C, Part 77 of the Federal Aviation Regulations published in the Federal Register February 10, 1965, (30 F. R. 1837) have been protected by the adoption of a zoning ordinance and regulations or by securing avigation easements or otherwise prohibiting the creation, establishment, erection or construction in such areas of obstructions to air navigation to the extent provided for in such Regulations or approved by the Administrator as sufficient in the case of this particular airport. It is further understood and agreed that if the imaginary surfaces shall have been protected by the acquisition of avigation easements or other interests in land, the assumption of this obligation shall not operate to bar inclu- sion of such acquisition in a subsequent project. 10. The Federal Government does not now plan or contemplate the construction of any new structures pursuant to Paragraph 9 of Part III - Sponsor's Assurances of the Project Appli- cation, dated July 5, 1967, and therefore it is understood and agreed that the Sponsor is under no obligation to furnish any such areas or rights under this Grant Agreement. 11. Notwithstanding the provision of Paragraph 3, Part III, of the Project Application, the sponsor covenants and agrees that it will not grant or permit any exclusive right forbidden by Section 308(a) of the Federal Aviation Act of 1958 (49 U.S.C. 1349) at the airport, or at any other airport now or hereafter owned or controlled by it. In furtherance of the policy of the FAA under this covenant, the sponsor agrees that, unless authorized by the Administrator, it will not either directly or indirectly, grant or permit any person, firm, or corporation the exclusive right at the airport or at arty other airport now or hereafter owned or controlled by it, to conduct any aeronautical activities, including, but not limited to, charter flights, pilot training, aircraft rental and sightseeing, 'age 6 of 7 aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, >ages aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their relationship to the operation of aircraft can be regarded as an aeronautical activity. The sponsor further ,,... agrees that it will terminate any such exclusive right (including any exclusive right to engage in the sale of gasoline or oil, or both) now existing at the airport, or at any other airport now or hereafter owned or controlled by it, at the earliest renewal, cancellation, or expiration date applicable to the agreement that established the exclusive ~=~~ ~i right, and certifies that there is no exclusive right not subject to termination under this provision. ^ Page 4 of 7 pages The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and said Offer and Acceptance shall comprise a Grant Agreement, as provided by the Federal Airport Act, constituting the obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and the operation and maintenance of the Airport. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer and shall remain in full ~ rce and effect throughout the useful life of the facilities developed under the Project but in any event not to exceed twenty years from the date of said acceptance. UNITED STATES OF AMERICA FEDERAL AVIATION AGENCY By Area Manager, Houston Area (TITLE) _, Part II- Aceeptance The City of Kerrville, Texas and County of Kerr, Texas does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Project 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. Executed this day of , 19 (SEAL) Attest: Title: (SEAL) Attest: Title: CERTIFICATE OF SPONSOR'S ATTORNEY CITY OF KERRVILLE, TEXAS (Name of Sponsor) By Title Mayor, City of Kerrville COUNTY OF KERB TEXAS Name o Sponsor By Title County Judge, Kerr County, Texas I acting as Attorney for The City of Kerrville, Texas and the County of Kerr, Texas (herein referred to as the "Sponsor") do hereby ratify: That I have examined the foregoing Grant Agreement and the proceedings taken by said Sponsor relating thereto, and find that the Acceptance thereof by 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 of Texas, and further that, in my opinion, said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at this day of , 19 Title Filed 2nd day of Oct., A.D. 1967 EMMIE M. MUENKER Clerk County Caurt, Kerr County, Texas By /s/ Estella witt, Deputy PAGE 4 ice, ~ yiyn- 4 C~ o-o-o-o-o-o-o-o-o-o NOTE: EXECUTED COPY FILED IN COUNTY CLERK'S OFFICE OCTOBER 4, 1967. o-o-o-o-o-o-o-o-o-o ~~~ ~ The foregoing minutes from page 535 thru 548 were read in open Court and found correct and are hereby approved this the 9th day of October 1967. ATTEST `~ / _ - ~' ~ ~o n~"y `ffer , ter~oun y, 'exas n y Judge, eri Coun y, :as o-o-o-o-o-o-o-o-o 0 THE STATE OF TEXAS COUN`1'Y OF KERR ~ BE IT REMEMBERED that there was begun and holden on the 9th day of October 1967 at 10:00 o'clock A.M., in the City of Kerrville, a Regular Term of the Commissioners' Court, with the following members present: Julius R. Neunhoffer County Judge W. C. Schwethelm Commissioner Precinct 1 Clinton D. Burney Commissioner Precinct 2 Adolph Bartel Commissioner Precinct 3 Roger Stone Commissioner Precinct 4 and the Court having duly opened, the following proceedings were had: N0. 10573 APPROVAL OF CLAIMS AND ACCOUNTS On this the 9th day of October 1967, came on to be examined by the Court the various claims and accounts against Kerr County and the respective Commissioners Precincts since the last term of Court, which claims and accounts were approved for payment by the Clerk snd Treasurer, in amounts and out of Road and Bridge Nos. 1, 2, 3 and 4, Lateral Road #4, General, Officers Salary, County Law Library, Permanent Improvement, F. M. 1340 R/W and Kerr County Public Library Funds, as shown in the Minutes of Accounts Allowed from page 1108 thru 1111 , Voucher Nos. 18961 thru 19092 , which were made a part hereof and of this order. Motion made by Commissioner Burney, seconded by Commissioner Bartel and unanimously approved by the Court. o-o-o-o-o-o-o-o-o-o N0. 10574 MONTHLY REPORTS OF COUNTY AND PRECINCT OFFICERS OF KERB COUNTY APPROVED On this the 9th day of October 1967, came on to be examined by the Court the various reports of September of the County and Precinct Officers of Kerr County, Texas and the same having been heard and considered by the Court, finds that said reports are true and correct and should be approved; therefore, upon motion of Commissioner Stone, seconded by Commis- sioner Schwethelm, the Court unanimously approved that the submitted reports be accepted and filed with the County Clerk for future reference and subject to audit. EMMIE M. MUENKER, County Clerk, collection of fees of office EMMIE M. MUENKER, County Clerk, fines, judgments & jury fees ED HONER, District Clerk, judgments & jury fees LEON F. MAPLES, Sheriff, out of County fees RAYMOND ORR, Justice of the Peace, Prec. #l, fines & trial fees RAYMOND ORR, Justice of the Peace, Prec. #1, Small Claims CHARLES J. REES, Justice of the Peace, Prec. #2, fines & trial fees FRED E. YOUNG, Justice of the Peace, Prec. #4, fines & trial fees HENRY B. ENGELMAN, Justice of the Peace, Prec.#5, fines & trial fees ALBERT WILSON, Public Weigher, Public Scale Receipts for Sept., 1967 BILL N. RECTOR, County Agent, Report for September, 1967 MRS. JERRILYN L. SESSOM, Home Demonstration Agent, Report for Sept., MARGARET HILL, County Health Nurse, Report for September, 1967 $2199.25 $1432.00 $ 318.75 $ 49.85 $1342.25 $ 43.00 $ 263.00 $ 360.00 $ 324.00 ~ 75.74 1967 FRANKLIN W. MEEKER, City-County Sanitarian, Report for September, 1967 o-o-o-o-o-o-o-o-o-o N0. 10575 APPROVAL OF COUN`1'Y CLERK'S ~UAR'i'ERLY REPORT ON TRUST FUND AND FINES On this the 9th day of October 1967, came on to be examined by the Court the Quarterly Report of all monies and fees collected by Emmie M. Muenker, County Clerk, belonging to officers, witnesses and other persons, remaining in her hands uncalled for by the parties entitled thereto, for the period ending the 30th day of September 1967 and held on deposit