~51j And it is further ordered that the Clerk and the Treasurer be authorized to draw a voucher on the F. M. 783 ROW Fund in the amount of ,100.00 payable to W. E. Robison and Grace Robison, the said voucher to be delivered on receipt of their duly executed Right- of-Way Deed. o-o-o-o-o-o-o-o-o-o N0. 10588 ORDER ACCEP`T'ING GRANT AGREErTEN`1' OF TEXAS AERONAUTICS COMMISSION FOR FUNDS FOR IMPROVEMENTS AT LOUIS SCHREINER FIELD AND AUTHORIZING COUNTY JUDGE TO EXECUTE SAME ON BEHALF OF KERR COUNTY On this the 30th day of October, 1967, came on to be considered by the Court the Grant Agreement dated October 23, 1967, as submitted by the Texas Aeronautics Commission to Kerr County and the City of Kerrville; and it appearing to the Court that it would be in the best interests of Kerr County to accept the said Grant Agreement, it is ordered on motion by Commissioner Burney, seconded by Commissioner Bartel, and unanimously approved by the Court that Kerr County accept the said Grant Agreement as is set forth in Appendix "A" to this order and that the County Judge be authorized to execute the same on behalf of Kerr County. APPENDIX "A" TEXAS AERONAUTICS COMMISSION GRANT AGREEMENT Part I - Offer Date of Offer: October 23, 1967 Louis Schreiner Field Airport TAC Project No: 8-28039 T0: City of Kerrville/County of Kerr (Herein referred to as the "Sponsor") FROM: The State of Texas, acting through the Texas Aeronautics Commission (Herein referred to as the "Commission") WHEREAS, the Sponsor has submitted to the Commission a request for State Aid, dated October 29, 1965, for a grant of State funds for a project for development of the Louis Schreiner Field Airport, and has expressed a willingness at this time to match those funds ,-.. in conformity with the laws of this State and with the rules and regulations of the Commis- sion; and WHEREAS, the Sponsor certifies that it has available in cash and in other acceptable form the resources for the undertaking and successful completion of this project; and WHEREAS, the Commission has approved a project for development of the Airport (herein called the ~' Project") consisting of the following described airport development: AC Form 100 7/67) rTOw, age 1 of 4 Land acquisition and clear zones. Construct and pave taxiways parallel to N/S and E/W runways. Painting and marking. pursuant to and for the purpose of carrying out the provisions of the Texas Aeronautics Commission Act as amended, and in consideration of (a) the Sponsor's adoption and ratification of the conditions comprising this Offer as hereinafter provided, and (b) the benefits to accrue to the State of Texas and the public from the accomplish- ment of the Project and the operation and maintenance of the Airport as herein provided, THE TEXAS AERONAU`1'ICS COMMISSION, FOR AND ON BEHALF OF THE STATE OF 'PEXAS, HEREBY OFFERS AND AGREES to pay, as the State of Texas' share of the allowable costs incurred in accomplishing the Project, 25 per centum of all allowable costs, or the maximum obligation 6 tt @ D ~:x~ of the State payable under this Offer, whichever is the lesser. This Offer is made on and subject to the following terms and conditions: 1. The maximum obligation of the State of Texas payable under this Offer shall be 520, 000. 2. The Sponsor shall: a. Begin accomplishment of the Project within a reasonable amount of time after acceptance of this Offer. Failure to do so could constitute just cause for termination oŁ the obligations of the State of Texas hereunder by the Commission. b. Carry out and complete the Project without undue delay and in accordance with the terms hereof. c. Carry out and complete the Project in accordance with the plans and specifica- tions incorporated herein, or as they may be developed, revised or modified. Prior to the payment of any State funds the plans and specifications shall be completed and shall be subject to approval by the Commission. d. Furnish the Commission evidence of acceptable Title to the Project property wherein it is established that Title is sufficient to permit unrestricted development, operation and maintenance of the airport. 3. The allowable costs of the Project shall not include any costs determined by the Commission to be ineligible for consideration as to allowability. 4. Payment of the State of Texas' share of the allowable project costs will be made pursuant to and in accordance with the established procedures approved by the State Comptroller and the Commission. Final determination as to the allowability of the costs of the project will be made at the time of the final grant payment. 5. Rates for equipment, labor and material, furnished by the Sponsor in lieu of cash will be established by prior mutual agreement and may be based on the same rates authorized by the Texas Highway Department for county roads constructed jointly by State and County. 6. Final payment will not be made until work has been completed, inspected and approved by the Commission. 7. The Commission reserves the right to amend or withdraw this Offer at any time prior to its acceptance by the Sponsor. 8. It is mutually understood and agreed that the State of Texas will not make final payment of the allowable costs of this satisfactory evidence that the airport the adoption of a zoning ordinance and or otherwise prohibiting the creation, such areas of obstructions to air navi Sion as sufficient in the case of this project until the Sponsor has submitted and its approaches have been protected by regulations or by securing avigation easements establishment, erection or construction in gation to the extent determined by the Commis- particular airport. 9. The Commission will not become a part of any contract or committment which the Sponsor may enter into or assume in carrying out this Project. Grants will be paid to the Sponsor in accordance with prescribed procedure, and the Sponsor in turn shall handle all project payments and financial obligations. 10. The Sponsor agrees to maintain the landing area and airport facilities in a safe and serviceable condition and to give prompt attention to repairs. The Sponsor further agrees to operate and maintain the airport for the use and benefit of the public on equal and reasonable basis. TAC Form (7/67) Page 2 of c p ~ w ~+ 11. This Offer shall expire and the State of Texas 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 November 23 1967. 12. All subsequent developments such as the location of buildings, shall be in accord- ance with the approved layout plan for the airport and shall be subject to the approval of the Commission. The Sponsor's acceptance of this Offer and ratification and adoption of the terms and conditions 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, 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. Such Grant Agreement shall become effective upon the Spon sor's acceptance of this Offer and shall remain in full force and effect throughout the useful life of the AC Form 100 /67) facilities developed under the Pro ject, but in any event not to exceed twenty years from age 3 of 4 the date of said acceptance. STATE OF TEXAS TEXAS AERONAUTICS COIv~7ISSI0N BY: /s/ Charles Murphy /t/ Charles Murphy, Director Part II - Acceptance The does hereby ratify and adopt all statements, representations, warranties, covenants and agreements constituting the described Project 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 . ame of Sponsor By 'AC Form 00 (7/67) 'age 4 of 4 (SEAT, ) Title: Attest: Title: P1o ary P?OTE: EXECUTED COPY FIL1:D IN COUNTY ChERFi'S OFFICE T?OVEDIBER 15, 1967. o-o-o-o-o-o-o-o-o-o COURT ADJOURNED October 30, 1967 at 10:45 o'clock A.M. o-o-o-o-o-o-o-o-o-o